lovingobjectcolor-blog1 - Tumblr blog

lovingobjectcolor-blog1 · 4 years

Text

Boom Video Chat – Privacy Policy

Welcome to Boom Video Chat! We respect and value your privacy.

The use of Boom Video Chat through our mobile applications may involve collection and use of your information. This Privacy Policy explains and informs you how your information is collected, used and disclosed by Boom Video Chat with respect to your access and use of our services through our mobile applications. It is important for you to understand this Privacy Policy and how you may protect your information, so please read this Privacy Policy carefully.

I. Application Scope of the Privacy Policy

By using Boom Video Chat, you agree that we may collect, use and share your information in accordance with this Privacy Policy, as revised from time to time. In addition, your use of Boom Video Chat signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use Boom Video Chat.

This Privacy Policy is incorporated into and forms part of the Boom Video Chat Terms of Service that you have agreed to in order to use Boom Video Chat. Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Boom Video Chat Terms of Service unless otherwise defined in this Privacy Policy or the context requires otherwise. Unless otherwise specified in this Privacy Policy, these terms in the Boom Video Chat Terms of Service shall also be applicable in this Privacy Policy.

Any information that is collected is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise our Privacy Policy from time to time. If we make any change to this policy, which we deem to be material changes, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use our services after the changes become effective, with or without notification, you are agreeing to be bound by the revised policy.

Boom Video Chat may link you to social media or other features or services (including websites, plug-ins and widgets) provided by a third party. Please note that this Privacy Policy doesn’t apply to the information collected by any third-party websites, services or applications that can be accessed through our services, and does not apply to the information collected by other companies and organisations who advertise their services on Boom Video Chat. We bear no liability for any third party use of any information provided by you to them.

II. Information You Provide and We Collect

2.1 To provide the services of Boom Video Chat, we collect, store and use the following Information relating to you:

· information provide to us when you open a Boom Video Chat account, including your account name, gender, date of birth, age, city or area social media account information (profile photo, gender, etc.), any tags you posted about yourself;

· any information included in your Boom Video Chat profile which are visible to other users of Boom Video Chat, or information you make available to us via your use of Boom Video Chat, which may include your photographs, your education, city or area and other information;

· information about your and others’ usage of and interaction with the service and our application, including usage by geographies, device and connection information, IP address, device capability, bandwidth, statistics on page views and network type;

· information we collect as you use Boom Video Chat, which may include:

✓ technical information, such as your mobile carrier-related information, configuration information made available by other programs you use to access Boom Video Chat, your IP address, your location/country/region/time zone, your device's version and identification number, user settings, and the operating system; and

✓ information about the likes and dislikes you have made using Boom Video Chat.

2. Special Note about Sensitive Personal Information

Please note that content and information that you input to Boom Video Chat, such as photographs or the tags you posted about your sexual orientation, may constitute sensitive personal information in certain jurisdictions. Sensitive information is subject to stricter regulation than other types of personal information.

Before revealing any sensitive personal information in Boom Video Chat, please consider whether it is appropriate to do so.

By using Boom Video Chat, you agree that all processing activities of sensitive personal information are for the purposes and in the manner as described in this Privacy Policy.

Please note that we do not use your sensitive personal information for the purpose of making direct marketing unless agreed by you.

3. Special Note about Children’s Information

The services of Boom Video Chat are not for use by anyone under the age of【18】. Thus we do not knowingly collect personal information from any data subject under such age. If we learn that we have collected personal information of a data subject under【18】, we will take steps to delete such information from our files as soon as possible.

III. How We Use the Information We Collect

3.1 Purposes

We may use your Information for any of the following purposes:

· to provide services to you (including both the services currently provided by us via Boom Video Chat and these services to be rendered by us via Boom Video Chat in future);

· to personalize and improve our services and your experiences when you use our services;

· to respond to inquiries, for the purposes of customer service, security, archival and backup purposes in connection with providing services of Boom Video Chat;

· to monitor and analyse usage and trends of our services;

· personalize the services by, among other things, suggesting friends or profile information, or customizing the content we show you, including ads;

· enhance the safety and security of our products and services;

· verify your identity and prevent fraud or other unauthorized or illegal activity;

· use information we’ve collected from cookies and other technology to enhance the services and your experience with them; and

· enforce our Terms of Service and other usage polices.

Boom Video Chat allows you to share text messages, photos, screenshots, videos and other communications in the Boom Video Chat application with other users, and if you choose to do so your text messages, photos, screenshots, videos and other communications will be stored on our servers. In addition, if you choose to share these items with other Boom Video Chat users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Boom Video Chat application is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). Boom Video Chat is not responsible for any use or misuse of information you share.

3.2 Transfer and Storage

We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your personal information is used and stored may not be in your jurisdiction.

You consent to the transfer of your personal information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy.

3.3 Sharing

By using Boom Video Chat, you agree to the third party use, sharing and transfer of your personal information (both inside and outside of your jurisdiction) as prescribed in this Privacy Policy.

We will share information about you when you upload or post these information on Boom Video Chat, or if we notify you that the information you provide will be shared in a particular manner and you provide such information. Please do not post or add personal data to your profile that you would not want to be publicly available.

We may share information about you in anonymous and/or aggregated form with third parties for usage analytics (to help us better understand who is using our services and how), and for industry analysis, demographic profiling, research, and other similar purposes.

Your information may be accessed and used by our service providers who are working with us in connection with the operation of our services. These service providers may have access to your information but only to the extent necessary to perform services on our behalf and are obligated not to disclose that information or use it for any other purposes. These providers will collect the information sent by your mobile phone, tablet or desktop computer, and their use of that information is governed by their applicable privacy policy.

We may share information about you if we are (or if we believe we are) required by law or legal process (such as a subpoena, warrant or court order), if we have to respond to a lawful request from legal authorities to disclose such information, or if we need to enforce or apply this Privacy Policy, our Terms of Service or our other policies.

If we are acquired by a third party or may re-organise our group structure, your information may be transferred within our group and/or to a third party who will continue to operate Boom Video Chat or similar services under either this Privacy Policy or a different privacy policy which will be notified to you. The party to which your personal information is transferred may be located, and use your Information, outside of your jurisdiction.

Other than as permitted under this Privacy Policy or as otherwise consented to by you or as required by law or legal process, we will not transfer your personal information to any other third parties for their processing for any purposes.

3.4 Security Measures We Take To Protect Your Information

We employ administrative, physical and electronic measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that your personal information is compromised as a result of a breach of security, we will promptly notify you if your personal information has been compromised, as required by applicable law.

Where we do share your personal information with any third parties, we will use reasonable efforts to ensure that such third parties only use your personal information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement.

IV. How to Access Your Information

You can access and modify the information you provided to us through your account.

If you believe your information posted on Boom Video Chat is not authentic or accurate and can provide us with reasonable proof regarding this, you can require us via the contact information provided in this Privacy Policy to correct these unauthentic or inaccurate information and we will use reasonable efforts to honour your request; however, we may retain an archived copy of your information as required by law and/or for record keeping purposes.

Once your account is closed or deleted, you will no longer have access to your message history, preferences or any other information associated with your use of our services. Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Additionally, we will retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or enforce the Terms of Service. We will retain de-personalized information after your account has been closed.

In some cases, we may not be able to update, amend or remove your personal information, in which case we will let you know why we are unable to do so, for example, certain requests may require disproportionate technical effort or extremely impractical, or are prohibited by law.

Since Boom Video Chat will be used in multiple jurisdictions and we may not be possible to identify all the inconsistency between certain terms of this Privacy Policy and the applicable law in your jurisdiction, thus you agree to notify us once such inconsistency is identified by you. Under this circumstance we will take necessary methods to eliminate such inconsistency, including deleting these personal information improperly collected or used by us.

V. Contacting Us

If you have any questions about our Privacy Policy or any privacy-related matters, please contact us via email at【[email protected]】.

***END***

0 notes

lovingobjectcolor-blog1 · 4 years

Text

Boom Video Chat – TERMS OF SERVICE

1. INTRODUCTION

Welcome to Boom Video Chat!

Your use of Boom Video Chat is subject to these Terms of Service (these " Terms"). Thank you for reviewing these Terms – we hope you enjoy using Boom Video Chat.

If you have any question about, or if you wish to send us any notice in relation to, these Terms, please contact us at 【[email protected]】.

1.1 Compliance with these Terms

These Terms apply to you if you are a user of Boom Video Chat anywhere in the world.

Please review these Terms and our policies and instructions to understand how you can and cannot use Boom Video Chat. You must comply with these Terms in your use of Boom Video Chat and only use Boom Video Chat as permitted by applicable laws and regulations, wherever you may be when you use this software.

If you do not agree to these Terms, you may not use Boom Video Chat and must immediately terminate your use of this software and all services.

1.2 Contracting Entity

By using Boom Video Chat, you are agreeing to be bound by these Terms between you and MEET TECH LIMITED, a company incorporated under the law of the Hong Kong with its registered office at Room 1003, 10/F, Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong. ("we", "our" and "us").

We may specify in certain of our Boom Video Chat service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of us) in relation to your use of the relevant Boom Video Chat service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Boom Video Chat service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Boom Video Chat services or features.

1.3 Service Eligibility

The services of Boom Video Chat are not for use by anyone under the age of【18】.

To use the services, you agree that: (i) you must be the “Minimum Age” (described below) or older; and (ii) you are not already restricted by us from using the services provided via Boom Video Chat.

We may change the Minimum Age from time to time based on our sole discretion. Where this is the case, the users of Boom Video Chat who were below the new Minimum Age when they started using the services under a previous Terms of Service may continue to use them, as they have already reached the new Minimum Age since then.

“Minimum Age” means 【18】 years old. However, if applicable law requires that you must be older in order to lawfully use Boom Video Chat without parental consent (including using of your personal data) then the Minimum Age is such older age.

If applicable law requires you to obtain the consent from your parent or guardian, then your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Boom Video Chat.

1.4 Other general terms in relation to these Terms

We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).

2. ADDITIONAL TERMS AND POLICIES

We offer a diverse range of services and features within Boom Video Chat, so in addition to these Terms, there may be certain additional terms and policies that may be applicable to your use of all or part of Boom Video Chat, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.

2.1 Boom Video Chat policies

Besides these Terms, you must also comply with Boom Video Chat Privacy Policy which sets out how we collect, store and use your personal information in using Boom Video Chat.

2.2 Terms applicable to specific Boom Video Chat features

Some of our services and features may have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms.

2.3 Inconsistencies

To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:

· "Changes to these Terms and Boom Video Chat";

· "Our Intellectual Property Rights"; and

· "Liability for Boom Video Chat".

3. CHANGES TO THESE TERMS AND Boom Video Chat

We may make changes to these Terms above from time to time, so please come back and review them.

In addition, as Boom Video Chat and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Boom Video Chat (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.

Where we consider that any changes to these Terms or Boom Video Chat are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use Boom Video Chat after we make any change to these Terms or Boom Video Chat, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.

4. YOUR ACCOUNT

You will need to create an account with us in order to access and use Boom Video Chatvia 1） using your existing account opened at third party social media platforms (such as Facebook or Google) and 2) registering and logging in as visitors. Under the circumstance you choose 1), we will have the right to access, collect and use your information relating to these third party accounts.

Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Boom Video Chat remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding your account details, including any password used to access your account and Boom Video Chat, and (ii) all use of Boom Video Chat under your account. You must promptly notify us at【[email protected]】 if you know or suspect that your password or account has been compromised. We will regard all use of your account on Boom Video Chat as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.

Boom Video Chat may offer methods for deactivating your service-specific account – please refer to Boom Video Chat for further guidance (if available) from time to time.

Please note that when you login as a visitor, there is always a risk of loss of both your account and any interests linked with the account, such as gold coins you prepaid. Therefore, we highly recommend you login through Facebook or Google account, to avoid any risk of loss of information and gold coins.

5. PAYMENTS

You may, from time to time, make payments to us or third parties as part of your use of Boom Video Chat (including for the provision of Boom Video Chat or provision of certain additional features within Boom Video Chat). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.

SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN Boom Video Chat, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN Boom Video Chat (WHETHER USED OR UNUSED).

We may process payments from you in Boom Video Chat via a third party service and you agree to comply with that relevant third party's terms and conditions in relation to the payment processing service, as further set out in the "Third Party Content and Services" section below.

Also, you agree that:

· your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and

· we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

6. YOUR CONTENT

When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of Boom Video Chat (" Your Content"), you understand and agree that:

· you will continue to own and be responsible for Your Content;

· we will not sell Your Content to any third party;

· Your Content will be shared with other users of Boom Video Chat in many ways. For example, Your Content will be seen by other users of Boom Video Chat once you have uploaded Your Content to Boom Video Chat;

· you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Boom Video Chat and our other services, including new services that we may provide in the future;

· in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;

· we may share Your Content with third parties that we work with to help provide, promote, develop and improve Boom Video Chat, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Boom Video Chat);

· we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and

· you will comply with these Terms in your submission of Your Content.

· You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.

In addition, you agree that we and our affiliate companies (subject to these Terms, our Boom Video Chat Privacy Policy and applicable laws and regulations):

· are allowed to retain and continue to use Your Content after you stop using Boom Video Chat – for example, where you have shared Your Content with other users of Boom Video Chat;

· may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and

· may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Boom Video Chat.

You understand that even if you seek to delete Your Content from Boom Video Chat, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Boom Video Chat.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.

You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

Boom Video Chat is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Boom Video Chat Privacy Policy.

7. INFRINGEMENT OF RIGHTS

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact【[email protected]】.

8. THIRD PARTY CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Boom Video Chat, including content provided by users of Boom Video Chat or by our advertisers. You acknowledge and agree that by using Boom Video Chat, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Boom Video Chat by you is at your own risk. Your use of Boom Video Chat does not give you any rights in or to any content you may access or obtain in connection with your use of Boom Video Chat.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Boom Video Chat and we will bear no responsibility for your use of or relationship with any such third parties or third party services.

We may review (but make no commitment to review) content or third party services made available through Boom Video Chat to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Boom Video Chat.

There may be, from time to time, third party content and services on Boom Video Chat that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Boom Video Chat. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.

9. ADVERTISING CONTENT ON Boom Video Chat

Boom Video Chat may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Boom Video Chat.

10. OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to Boom Video Chat (including any future updates, upgrades and new versions to Boom Video Chat), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Boom Video Chat are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from Boom Video Chat, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Boom Video Chat, you will first contact us to request the information you need.

We may from time to time provide updates to Boom Video Chat. Such updates may occur automatically or manually. Please note that Boom Video Chat may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of Boom Video Chat, or that such updates will continue to support your device or system.

We may in our discretion provide technical support for Boom Video Chat (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.

11. USE OF YOUR DEVICE BY Boom Video Chat

In order for us to provide Boom Video Chat to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Boom Video Chat – for example, we may need to use your device's processor and storage to complete the relevant Boom Video Chat software installation, or use your device's camera and microphone to provide video chat services to you. You agree to give us such access to and use of your device.

You hereby authorize us to collect and use the address books, contact lists, mail box, system application lists, device information, and unique device identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded Boom Video Chat for purposes of your use of the services.

We will provide further information regarding how Boom Video Chat uses and accesses your device within Boom Video Chat or in another manner (e.g. via the relevant app store as part of the installation process for Boom Video Chat on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Boom Video Chat to you.

Any Personal Information (as defined in the Boom Video Chat Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Boom Video Chat Privacy Policy.

You may need an adequate internet connection in order to authentic your Boom Video Chat account or use Boom Video Chat. You may also be required to activate certain functionalities within Boom Video Chat in the manner described within Boom Video Chat. You may not be able to use certain functionalities within Boom Video Chat if you do not comply with such requirements.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Boom Video Chat.

12. Do’s and Don’ts

12.1 You agree that you will:

a. comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

b. strictly follow these Terms; and

c. use Boom Video Chat in a good manner.

12.2 You agree that you won’t:

a. act in an unlawful or bad manner in connection with Boom Video Chat, including being dishonest, abusive or discriminatory;

b. post defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;

c. create a profile for anyone other than yourself (a real person);

d. use or attempt to use another's account;

e. steal or attempt to steal another’s virtual property, such as virtual gifts;

f. harass, abuse or harm another person;

g. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape Boom Video Chat or otherwise copy profiles and other data from Boom Video Chat;

h. bypass or circumvent any access controls or service use limits;

i. copy, use, disclose or distribute any information obtained from Boom Video Chat, whether directly or through third parties (such as search engines), without the consent of us;

j. use, disclose or distribute any data obtained in violation of these Terms;

k. disclose information that you do not have the consent to disclose (such as confidential information of others);

l. violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;

m. violate the intellectual property or other rights of us;

n. post anything that contains software viruses, worms, or any other harmful code;

o. manipulate identifiers in order to disguise the origin of any message or post transmitted through Boom Video Chat;

p. create or operate a pyramid scheme, fraud or other similar practice;

q. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Boom Video Chat or any related technology that is not open source;

r. remove, cover or obscure any advertisement included in Boom Video Chat;

s. use bots or other automated methods to access Boom Video Chat, add or download contacts, send or redirect messages;

t. monitor Boom Video Chat’s availability, performance or functionality for any competitive purpose;

u. access Boom Video Chat except through the interfaces expressly provided by us, such as its mobile applications;

v. use Boom Video Chat for tasks that it is not intended for;

w. override any security feature of Boom Video Chat; and/or

x. interfere with the operation of, or place an unreasonable load on, Boom Video Chat (e.g., spam, denial of service attack, viruses, gaming algorithms).

13. WARRANTY AND DISCLAIMER

We warrant to you that we will provide Boom Video Chat using reasonable care and skill.

APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, Boom Video Chat IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO Boom Video Chat OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY Boom Video Chat, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT Boom Video Chat WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT Boom Video Chat WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT Boom Video Chat WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

14. LIABILITY FOR Boom Video Chat

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR Boom Video Chat, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE Boom Video Chat AND IN NO EVENT WILL IT EXCEED $50.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:

· IN CONNECTION WITH THESE TERMS OR Boom Video Chat, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF Boom Video Chat; (VI) YOUR USE OF Boom Video Chat IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;

· FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR

· FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF Boom Video Chat; OR (II) YOUR BREACH OF THESE TERMS.

15. NO LIABILITY FOR THIRD PARTIES

As set out in the "Third Party Content and Services" sections of these Terms, various third parties may provide certain content, services or software within Boom Video Chat.

THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH Boom Video Chat, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN Boom Video Chat.

16. TERMINATION

These Terms will apply to your use of Boom Video Chat until your access to Boom Video Chat is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of Boom Video Chat: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Boom Video Chat creates risk for us or for other users of Boom Video Chat, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Boom Video Chat for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.

Upon termination of your access to Boom Video Chat (in whole or in part), you will immediately permanently delete all copies of Boom Video Chat to which the termination relates and you will immediately cease accessing and using Boom Video Chat.

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Boom Video Chat Privacy Policy). Where we suspend or terminate all or part of Boom Video Chat, or where your access to Boom Video Chat is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

17. GENERAL

These Terms are the entire agreement between you and us in relation to Boom Video Chat. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

18. GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):

· these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the People’s Republic of China (exclusive of the Hong Kong Special Administrative Region, the Macau Special Administrative Region and Taiwan); and

· any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by Beijing Arbitration Commission in accordance with its rules of arbitration in effect at the time of applying for arbitration. The seat of the arbitration will be Beijing. The arbitration proceedings will be conducted in Chinese. The arbitral award is final and binding upon both you and us.

***END***

1 note · View note