Boomvote.com Terms of Use

When you use BoomVote.com, you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the Agreement between you and MYeCONTEST.com, LLC. ("BoomVote.com") with respect to your use of the Site and Services.

If you do not agree to these terms and conditions, you may not use the site and services, and should not proceed to register for any such services. By registering for the services you become a boomvote.com member ("member"), and agree to be bound by the this agreement for as long as you are a member. If you do not agree with or accept these terms and conditions, you should exit the boomvote.com registration template and not use the site.

I. REGISTRATION

Age of Consent. By using the Site and/or registering for the Services Member represents and warrants that he or she is 13 years of age or older. By using the Site and/or registering for the Services, you represent and warrant that you have the right, authority and capacity to enter this Agreement and to abide by all the terms and conditions of this Agreement. Membership in the Site and Services is void where prohibited.

Term/Termination: This Agreement will remain in full force and effect as long as you use the Site and/or are a Member. You may terminate your membership at any time, for any reason, by discontinuing use of the Services or by emailing info@boomvote.com. BoomVote.com may terminate this Agreement (i) automatically upon any violation or alleged violation of this Agreement or BoomVote.com’s Privacy Policy with or without prior notice to Member, at BoomVote.com’s sole discretion; (ii) at any time, for any reason, or no reason at all, with or without prior notice to Member, upon BoomVote.com’s blocking of Member's access to the Site or Service, discontinuation of Member's account, and/or notification to Member at the e-mail address provided in Member's registration. Upon any termination by BoomVote.com, Member shall discontinue any effort to access the BoomVote.com Site or the Services.

Non Commercial Use. The Services and Site are for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members of BoomVote.com and should not use the Services or Site for any purpose.

Member Information. By registering and accepting this Agreement, Member represents and warrants: (i) that all information submitted by Member is true, accurate, current, and complete; and (ii) that Member shall maintain and update information submitted in registering for the Services in order to keep it true, accurate, current, and complete at all times. If any information that Member submits in the registration process is untrue, inaccurate, not current, or incomplete, BoomVote.com shall have the right to terminate Member's use of the Services.

Modification. BoomVote.com reserves the right to modify or amend this Agreement unilaterally at any time. BoomVote.com will notify its current members of such updates by sending all registered members an email notification. If you do not agree to the new terms your membership may be neded with no penalty.

II. DATA

Member acknowledges and agrees that it is necessary for BoomVote.com to use the data submitted by Member in Member's initial application and registration template and submitted later by Member during use of the Services (the "Member Data") in order for BoomVote.com to provide the Services to Member. Member hereby grants BoomVote.com a royalty-free, perpetual, irrevocable, and world-wide license to use, manipulate, collate, organize, create derivative works from, and disclose (whether by sale, license, or otherwise) the Member Data, consistent with the terms and conditions of this Agreement and with BoomVote.com’s Privacy Policy, for the purpose of providing the Services and for marketing and promotional activities. If users would like to opt-out of receiving promotional mail from BoomVote.com, they may log into their account and go into the "My Profile" section. This provision shall survive termination of this Agreement.

III. CONDUCT

  • All Members or Users of the Site and/or Services agree that they: shall comply with the terms and conditions of this Agreement.
  • shall comply with all applicable laws and regulations, including, without limitation, those laws and regulations pertaining to intellectual property, rights of privacy and publicity, defamation, and obscenity.
  • shall not use the Services or the Site to transmit any communication, message, or content that is fraudulent, misleading, deceptive, harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially, or ethnically objectionable, vulgar, pornographic, obscene, indecent, or otherwise objectionable or unlawful.
  • shall not attempt to gain unauthorized access to BoomVote.com’s database or other computer systems.
  • shall not attempt to administer an automated voting program.
  • shall not attempt to interfere with any other person's use of the Site or Services.
  • shall not provide inaccurate information, misrepresent his or her identity or impersonate any person, including, but not limited to, any employee or other Member of BoomVote.com.
  • shall not create profiles for anyone but themselves.
  • shall not use the Site or the Services to disseminate any information about persons less than 13 years of age.
  • shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or Site, including, without limitation, the use of any virus, worm, trojan horse, time bomb, trap door, denial of service attack, automated repetitive requests for information, or any other device that causes damage to any hardware, software, or equipment used in connection with the Services or Site.

Guidelines. All judgments concerning the applicability of the guidelines set forth in this Agreement shall be in the sole and exclusive discretion of BoomVote.com. BoomVote.com reserves the right, but has no obligation, to monitor the materials posted by Members or the Services to enforce the guidelines set forth in this Agreement. Nor does BoomVote.com guarantee that any monitoring it may perform will be to Member's satisfaction. Upon learning of any violation or alleged violation of this Agreement, BoomVote.com, in its sole discretion, may (i) require Member to remedy such violation; (ii) partially or completely block access to Member's account; (iii) suspend or terminate Member's use of the Services; and/or (iv) take any other actions that BoomVote.com deems appropriate to enforce its rights and pursue all available remedies.

IV. Content Posted By Members On The Site

Member understands and agrees that BoomVote.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of BoomVote.com violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of BoomVote.com and/or its employees or Members.

By posting Content to any public area of BoomVote.com you automatically grant, and you represent and warrant that you have the right to grant, to BoomVote.com, and other BoomVote.com Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on BoomVote.com. BoomVote.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or videos or links to pirated music or video files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • Provides material that exploits people in a sexual or violent manner, and solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You may not include in your public member profile any telephone numbers or actual street addresses.

You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other BoomVote.com Members. Although BoomVote.com cannot monitor the conduct of its Members off the BoomVote.com Site, it is also a violation of this Agreement to use any information obtained from the Site or Service in order to harass, abuse, stalk, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

Preservation. Member acknowledges and agrees that BoomVote.com may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of BoomVote.com, its Members, employees or the public.

V. INTELLECTUAL PROPERTY

Member acknowledges that the Services and the Site are protected by certain proprietary and intellectual property rights belonging to BoomVote.com and that Member has no right, title, or interest in the Services or the Site. All copyrights, patents, trademarks, service marks, trade secrets, database rights, and other proprietary rights pertaining to the Services and the BoomVote.com Site are the sole and exclusive property of BoomVote.com and/or its licensors. This provision shall survive termination of this Agreement.

Third Party Intellectual Property and Proprietary Rights. BoomVote.com will process, investigate, and respond to any notification of infringement of any third party's intellectual property and proprietary rights in accordance with applicable laws, including, without limitation, the Digital Millennium Copyright Act. Notifications should 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 work claimed to have been infringed, or, if multiple 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 BoomVote.com to locate the material.
  • Information reasonably sufficient to permit BoomVote.com 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 no authorized by the owner of the right in question, 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.

All such notifications should be directed to:

BoomVote.com
PO Box 210308
Auburn Hills, MI 48321

Telephone: 248.393.0708

Facsimile: 901.234.5097

E-mail address: info@boomvote.com

VI. DISCLAIMERS - LIMITATION OF LIABILITY

Member agrees that use of boomvote.com site and the services is entirely at member's own risk. The boomvote.com site and the services are provided on an "as is" basis, without any warranties of any kind. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, boomvote.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the boomvote.com site and the services. To the fullest extent permitted by law, boomvote.com disclaims any warranties for other services or goods received through or advertised on boomvote.com site or the services or accessed through any links on the boomvote.com site. To the fullest extent permitted by law, boomvote.com disclaims any warranties for viruses or other harmful components in connection with boomvote.com site or the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall survive termination of this Agreement.

LIABILITY. Under no circumstances shall boomvote.com be liable on account of member's use or misuse of or inability to use the boomvote.com site or the services or reliance on boomvote.com site or the services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive, and exemplary damages (even if boomvote.com has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of boomvote.com site or the services, from inability to use the boomvote.com site or the services, or the interruption, suspension, modification, alteration, or termination of boomvote.com site or the services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the boomvote.com site or the services or any links on boomvote.com site, as well as by reason of any information or advice received through or advertised in connection with boomvote.com site or the services or any links on the boomvote.com site. Such limitation shall apply to the costs of procurement of substitute goods or services, lost profits, or lost data. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. These limitations shall apply to the fullest extent permitted by law. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of this Agreement.

DISCLAIMER REGARDING INTERNATIONAL USE. Boomvote.com makes no representation or warranty that the boomvote.com site or the services will be appropriate or available in any location outside the united states, and any access of the boomvote.com site or the services in jurisdictions where such access would be illegal is prohibited. Any individual who accesses the boomvote.com site or the services in any jurisdiction outside the united states does so on his or her own initiative and assumes all responsibility for compliance, and all risk of noncompliance, with all applicable laws and regulations having the force of law. This provision shall survive termination of this Agreement.

VII. INDEMNITY

Member agrees to indemnify and hold harmless BoomVote.com and its parent corporations, subsidiary corporations, affiliates, successors, assigns, directors, officers, agents, employees, independent contractors, accountants, lawyers, licensors, service providers, and suppliers, for any and all claims and expenses, including attorneys' fees and costs, arising out of or relating to Member's use or misuse of the BoomVote.com Site or the Services, including any conduct by Member that breaches this Agreement. This provision shall survive termination of this Agreement.

VIII. FORCE MAJEURE

Without limiting the generality of the disclaimers of warranties and limitations of liability contained in section 6.0, under no circumstances shall boomvote.com be held liable for any delay or failure in performance under this agreement resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning. This provision shall survive termination of this Agreement.

IX. LIMITATIONS OF ACTIONS

Member agrees that regardless of any statute or law to the contrary, any claim or cause of action of member arising out of, or related to, member's use of the boomvote.com site or the services must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This provision shall survive termination of this Agreement.

X. RELATIONSHIP OF PARTIES

BoomVote.com and Member are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

XI. NON-WAIVER

BoomVote.com’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement shall remain in full force and effect. This provision shall survive termination of this Agreement.

XII. SUCCESSORS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. This provision shall survive termination of this Agreement.

XIII. LAW

This Agreement shall be governed by and in accordance with the laws of the United States and the state of Florida as applied to agreements entered into and to be performed entirely within that state between residents of that state. The state and federal courts of Florida shall be the exclusive forum, jurisdiction, and venue to resolve any and all disputes arising out of or relating to this Agreement. Member consents to personal jurisdiction and venue in the state and federal courts in Florida. This provision shall survive termination of this Agreement.

XIV. PARENTAL CONTROLS

Certain materials available on the internet are not appropriate for minors. To prevent or limit the access of children to such materials, a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available. For more information on such parental control protections, you may wish to visit the following sites:
http://www.guardianet.net
http://www.netnanny.com
http://www.surfcontrol.com
http://www.soskidproof.com
http://www.n2h2.com/products/client.php

 

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