End User License Agreement
Baboom enables you to listen to live radio stations directly from your browser while surfing the web. Simply search your favorite artist or song in thousands of radio stations to check if they are playing and hear them live on Baboom web player or Chrome extension. Baboom Chrome extension is free to download directly from the Chrome Web store. Our service will include audio guide service offering you access to a selection of indexed radio stations, music content recommendation based on your interests, default web search to indexed radio stations and new tab with music recommendations. Our basic version of the service will be offered free of charge.
This End User License Agreement ("Agreement") explains the terms and conditions that apply to your use of the Baboom service, whether through our website available at http://baboom.audio/, software application or Chrome extension (collectively "Service") and constitutes a legally binding agreement between you and Baboom, Inc. ("Baboom", "we", "us" or "our").
By accepting this Agreement, downloading or using the Service you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. If you do not agree with this Agreement in its entirety, or if applicable law prohibits your acceptance of this agreement, you must not accept this agreement and may not use our Service.
Except as otherwise described herein, we may at our sole discretion and at any time amend the terms of this Agreement. Such changes shall be effective upon publication of the amended terms in this Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last Revised" heading above. We recommend that you periodically review this Agreement, as it may be subject for amendments from time to time. If you do not agree to the Agreement as amended, your sole and exclusive option is to discontinue or terminate your use of the Service.
You may not use or access the Service if you are not of legal age to enter this Agreement, or if you are legally unable, under any applicable laws or regulations in the country in which you are resident or from which you use the Service, to enter into his Agreement, or if you are under the age of 13. By accessing or using the Service you represent that you are legally able to enter into this Agreement. By using our Service, you affirm that you are legally eligible to use the Service in your respective jurisdiction, and that you are over 13 years of age.
3. Changes to Our Service
We may, at any time and at our sole discretion, change, modify, add or remove features and functionality of our Service without notice. We reserve the right to discontinue some or all of the features of our Service at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service, or any portion thereof. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service.
5. Use Restrictions
Our Service is provided only for your personal, non-commercial use. You agree you will not, directly or indirectly:
• make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Service, or attempt to gain unauthorized access to the Service or its related systems or networks, or otherwise attempt to discover any source code in the Software;
• sublicense, resell, rent, lease, transfer, assign, transfer any right, share or otherwise commercially exploit or make the Service available to any third party, or any portion thereof;
• use the Service or any content made available in connection with the Service in any fraudulent or unlawful manner (including without limitation in violation of any third party's privacy or proprietary right, or any export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or engage in any activity that interferes with, or disrupts, the provision of the Service, or use the Service in a manner which violates any applicable local, state, national, or international law or regulation;
• use the Service in any way that violates any term of this Agreement; or
• restrict, discourage, inhibit or impede any other person from using our Service, including, without limitation, by means of defacing, degrading or impeding the performance of our Service or any part thereof, or undermining the integrity of the Service;
• assert any proprietary rights in or to the any Third Party Content (as specified below), materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party.
• impersonate any other user, person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate information;
• use, access or attempt to access the Service in connection with any automated means, including robot, spider, crawlers, scrapers or other automatic devices or manual processes to monitor or copy any content contained in our Service, or use such means to extract information from our Service, or access the Service by any means other than through the interface that is provided by us;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, or any part thereof, or attempt to gain unauthorized access to any portion of the Service through any means, or interfere with or disrupt the operation of the Service, including, without limitation, transmitting viruses, worms, Trojan horses, or other destructive items or harmful codes;
• Extract, collect or store personal data about other users without their express permission.
You acknowledge that all information and content, whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from whom such content originated. This means that you are entirely responsible for all content that you upload or otherwise make available via the Service. We do not endorse, promote, warrant, monitor, guarantee, control or make any representation of or responsible for any content transmitted via the Service. You understand that by using the Service, 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, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Service
You agree you will comply with any codes of conduct, policies or other notices we will provide you or publish in connection with the provision of our Service, and you shall promptly notify us if you learn of a security breach related to the Service. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the Service.
6. Third Party Content and Sites
"Third Party Content" means, collectively: (i) the graphics, images, photos, sound recordings, musical works, webcasts, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit or store in connection with or relating to the Service, or any such content made available through the Service; (ii) any broadcast radio programs or other audio content that the Service makes available; and (iii) any links or other access to other sites and resources on the Internet that may be provided by the Service or third parties.
We exercise no editorial or programming control over Third Party Content. You understand that (a) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content; (b) Third Party Content is not under our control and we are not responsible for and do not endorse, promote or encourage such Third Party Content; (c) owners or licensors of the Third Party Content may change or delete Third Party Content or schedules at any time; and (d) we are not responsible for and do not monitor or control any Third Party Content or the distribution thereof.
You agree that we will not be held responsible or liable for any injury, loss or damage of any sort incurred as the result of your use of or access to any Third Party Content on or through the Service, and you are solely responsible for your reliance upon any Third Party Content made available on or through the Service.
You acknowledge and agree that Third Party Content may be copyrighted material of the third party that submitted or provided it, is protected by the applicable copyright law, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law. You may not remove or attempt to circumvent any copyright protection mechanisms and any attempts to remove or circumvent or removals or circumventions may subject you to liability.
We may also present links to third party websites or third party services not owned or operated by us ("Third Party Sites"). We do not endorse or represent such third parties and we are not responsible for the availability of these Third Party Sites or their services or content. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such Third Party Site or their goods or services available through any such Third Party Sites. Certain functionalities of our Service may also require that you agree to additional terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third Party Sites.
7. License Grant and Intellectual Property
Except as expressly granted in the Agreement, we retain all right, title and interest in and to our Service, copyrights and trademarks, as well as any Content provided or made available in connection with the Service (excluding Third Party Content). We reserve all rights in and to the Service which are not expressly granted herein.
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use the Service on devices solely in connection with your personal and non-commercial use.
You acknowledge and agree that the Service may contain Third Party Content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
8. Export Rules
Our Service may be subject to United States export controls. Our Service may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You agree to comply with all local rules and laws regarding your use of the Service.
You may terminate your use of the Service at any time and for any reason by removing the software or extension.
Notwithstanding anything to the contrary in this Agreement, we reserve the right to immediately suspend or terminate your access to or use of the Service at any time, at our sole discretion, with or without notice to you.
We reserve the right to notify the appropriate authorities or take any actions we deem appropriate, without notice to you, if we suspect or determine, at our sole discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of this Agreement or any policies or rules established by us through any of the foregoing; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you or any other third parties.
Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease, except as otherwise described herein. We are not liable to you or any third party for termination of the Service or termination of your use of the Service. Further, upon termination we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any limitation, suspension or termination we may impose shall not alter your obligations to us under this Agreement. The provisions of this Agreement, which by their nature should survive any such action on our part, shall survive including, but not limited to, the rights and licenses that you have granted to us and provisions relating to indemnities, releases, disclaimers, limitations on liability, and the miscellaneous provisions below.
10. Limitation on Liabilities
In no event will we, or our directors, affiliates, licensors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your access to use of our Service, software or material, any platform applications or any of web based interface content or other materials on, accessed through or downloaded using our Service, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, for our Service during the term of this Agreement, but in no case will the our liability to any user exceed $100. You hereby acknowledge and agree that this is a fair limitation based on taking into account all relevant considerations.
You acknowledge that you shall not be entitled to damages of any kind from us, regardless of the cause of action.
Without derogating from the foregoing, user expressly understands and agrees that we, our directors, affiliates, licensors, employees or agents shall not be liable for any loss or damage which may be incurred by it as a result of: (i) any changes which we may make to the our Service, or for any permanent or temporary cessation in the provision of the Service, or any part there of or features within our Service; (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through its use of our Service; (iii) the user's failure to keep its password or account details secure and confidential.
If and to the extent that any limitation of our warranties or liabilities is excluded or limited by applicable law, only the limitations which are lawful in the user's jurisdiction will apply to the user and our liability will be limited to the maximum extent permitted by such applicable law.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, suits, actions, obligations, losses, costs, damages, expenses, and any other liabilities, including without limitation reasonable attorneys’ fees, arising out of or related in any manner to your access, use or misuse of the Service, including any content or Third Party Content, your acts or omissions, any breach or alleged violation of this Agreement or of the rights of any other person or entity by you, including without limitation any intellectual property right, confidentiality, property, privacy or publicity right. You agree to fully cooperate with us in the defense of any claim that is the subject of your obligations hereunder
12. Severability & entire agreement
Except where specifically stated otherwise, if any part of this Agreement is deemed unlawful or unenforceable for any reason, it is agreed that part of the Agreement shall be stricken and that the remaining terms in the Agreement shall not be affected and shall remain in force and effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns
13. Assign Rights & Waiver
We may assign our rights according to this Agreement to any third party at our sole discretion. You may not assign or delegate your rights, in whole or in part, without our prior written consent
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of us shall not constitute concession, waiver or relinquishment of any sort, and shall not limit our rights with respect to any breach or default of any term of this Agreement or any subsequent or preceding breaches or defaults of the same or other terms of this Agreement.
14. Disclaimer of warranties
You hereby expressly agree, that to the fullest extent not prohibited by the applicable law in any jurisdiction, that:
i. The Service (including any materials, content, services or information provided or made available in connection with the Service) is provided to you "AS IS" and "AS AVAILABLE", and your use of the Service, of any content made avilable or otherwise disseminated in connection with the Service or of any material viewed or otherwise obtained through the use of our Service is at your sole risk and discretion.
ii. We make no warranty or representations, whether express or implied in connection with the Service and your use of the Service or any information provided or otherwise disseminated in connection with the Service, including but not limited to the operation of the Service, or any information, materials, products or content made available in connection with the Service, including Third Party Content.
iii.You further understand that when using the Service, you may be exposed to content, merchandise, third party advertising, and other content from a variety of sources, and that we are not responsible for the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating thereto. You further understand and acknowledge that you may be exposed to such content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Under no circumstances will we be liable in any way for or in connection with any Third Party Content, including, but not limited to, for any inaccuracies, errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any of the foregoing accessible on or through our Service.
iv. You will be solely responsible for any damage to your device system or loss of data that results from the using any material obtained through the use of our Service. No advice or information, whether oral or written, obtained by you through the use of our Service shall create any warranty not expressly stated in this Agreement. We further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement of our Service.
v. We make no warranty, endorse, guarantee or responsible for any third party and Third Party Content, including other users of the Service and parties who offer services through the Service.
vi. We make no warranty, endorse and will not be liable to any damage or claim for any users or third party actions, including without limitation, with respect to any of the following:
a. Use of our Service will meet any user's requirements;
b. Use of our Service will be uninterrupted, timely, secure or free from error;
c. Any information obtained by user as a result of its use of our Service will be accurate, reliable or non-objectionable; or
d. That defects in the operation or functionality of any software provided to user as part of our Service will be corrected.
vii. vii. We make no warranty to be free of malware, adware, computer viruses or from any errors. Information or content made available via our Service may be for promotional and commercial purposes only; while we make efforts to ensure that information provided by us is accurate, we cannot guarantee it and thereby we do not make any representations or warranties with respect thereto. In all events, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of our Service, including any services, products, goods, information and opinions via our Service. You are solely responsible for any actions or decisions you take based on materials and information available through our Service, and should carry out your own research and investigation as appropriate
You represent and warrant that (i) you have full power and authority to enter into this Agreement; (ii) you have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities in connection with the Service without obtaining any further releases or consents; (iii) you do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor disseminate any content that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
16. Copyright Notice
We respect the intellectual property of others, and we ask our users to do the same. Please do not infringe upon any third party right through our Service. While we do not screen, monitor or control the Third Party Content made available through our Service, we reserve the right to remove any such content upon knowledge of infringing activity. We reserve the right to temporarily suspend or terminate the access to or use of our Service of any user upon learning of infringing activity. If you are aware of any infringing activity, please be sure to contact us at email@example.com and we will address it diligently. Please be sure to address the identification of the copyrighted work or materials being infringed, and any other valuable information you may possess in that regard.
17. Governing Law, Dispute Resolution and Mandatory Arbitration
This Agreement shall be governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law.
You may opt out of this arbitration clause. To opt out, you must notify us in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us at firstname.lastname@example.org with the subject line: “Arbitration Opt Out” and include in the body of your e-mail your name and residence address, your email address, telephone number, and a clear statement that you want to opt out of this arbitration clause.
You hereby warrant that you will not participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account in the Service, if we are a party to the proceeding.
You hereby agree that any claim may have arising out of or related to your relationship with us or in connection with the Service must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
The captions and headings in this Agreement have been inserted for convenience only and shall not be deemed to limit or otherwise affect any of the provisions of this Agreement.
19. Contact us
For any query or question please do not hesitate to contact us at: Support@baboom.audio