Booma | Terms and Conditions

Booma | Terms and Conditions

Last Updated January 24, 2016

Welcome to Booma! Booma, LLC is an Arizona limited liability company created with the goal of enhancing narratives through the use of modern tools. To support our goals we provide infrastructure and organization through the websites located at booma.us. We invite you to join us on this journey as a part of our community. Before you do though, please read and agree to the following Terms of Use ("Terms of Use").

These terms apply to your use of the websites located at booma.us (collectively, the "Site"). By accessing or using the Site, you are agreeing to these terms and our privacy policy and concluding a legally binding contract with Booma, LLC.


Definitions

Throughout this document we will use a certain words and phrases that are important for you to understand.

"You" and "your" refer to you as a user of the Site. A "user" is someone who accesses, scrapes, browses, crawls or in any way uses the Site. "We", "us", "our", and Booma refer to Booma, LLC.

"Content" refers to text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit through the Site. "User Content" means Content that users submit or transmit to or through the Site. "Booma Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Booma or its users. "Site Content" means all the Content that is made available on the Site, including Your Content, User Content, Booma Content, and Third Party Content.


Our Services

We provide access to a variety of content that enhances narrative experiences, including but not limited to real world maps of locations that appear in literature, poetry, and works of nonfiction. The information provided on the site is produced by Booma as well as users. Because our intent is to support a community created collection of information and interactive content, users should be aware of the following:

  1. We make no guarantees regarding the content of the Site. While we strive to provide accurate and useful information, we also rely on the contributions of the users. Therefore, we do not represent or guarantee the truthfulness, accuracy, or reliability of any content. Please report errors through the contact link in the footer.
  2. You are responsible for your own actions. You are legally responsible for your edits and contributions on the Site, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. Booma cannot offer any protection, guarantee, immunity or indemnification.

Eligibility

To maintain the civility of the Booma community the following terms govern who can use the Site. To access or use the Site, you must be 13 years or older and have the requisite power and authority to enter into these Terms. We grant you permission to access and use the Site subject to the restrictions in these Terms. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability. Any such action could prevent you from accessing your account, the Site, all Content, or any other related information. The prospective obligations of these Terms will survive termination of your access to the service or these Terms.

You may terminate the Terms at any time by closing your account and discontinuing your use of the Site.


User Accounts

As a platform for sharing information and ideas, we want you to access our site and contribute content. You may browse the Site without registering with us. To contribute to the site or access some of the features on the Site, you may be required to provide information about yourself to us through the Site or via email or you may be required to create an account. We may also provide you with the ability to register for an account using your existing account and log-in credentials on third-party sites such as Facebook (each such account, a "Third-Party Site Account").

If you provide us with personal information or create an account, you bear full responsibility for protecting access to your account and are responsible for all activities that occur in connection with your user identity or account. You also agree to notify us immediately of any unauthorized use of your user identity or account. We reserve the right to close your account at any time for any or no reason.

When using Booma, be yourself. Your account is for your personal, non-commercial use only. If you would like to discuss a commercial partnership, contact us at booma+partners@booma.us. If you submit personal user information or create a user account, please provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a famous author or your high school nemesis), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You may not use or attempt to use another person's password.


Restrictions on Use

To support the goals of creating a civil community, which is welcoming to a variety of contributions and viewpoints, and preserve Booma's ability to financially support its endeavors, you agree that you will not, and will not assist or enable others to:

  1. Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site
  2. Use the Site to promote bigotry or discrimination against protected classes
  3. Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not
  4. Use the Site for promotional or commercial purposes, except as expressly allowed in writing by Booma
  5. Use the Site for keyword spamming or to otherwise attempt to manipulate natural search results
  6. Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
  7. Use the Site to submit or transmit pornography or illegal content
  8. Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors
  9. Use the Site in violation of the Terms of Service or any applicable law
  10. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Booma
  11. Reverse engineer any portion of the Site, except as may be permitted under the law
  12. Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
  13. Record, process, or mine information about other users
  14. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content
  15. Access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews
  16. Reformat or frame any portion of the Site
  17. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Booma's technology infrastructure
  18. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

Content

You may contribute to the Site in a number of ways including but not limited to identifying and describing locations, locating places on maps, sharing information about your own relevant experiences, reviewing written works or content that appears on the site, creating clever commentary on literature, and contributing descriptions or designs for new ways to interact with literature. Our mission is to provide a platform for this material to be catalogued, shared, and continually improved.


Ownership and Responsibility

As between you and Booma, you own Your Content (subject to our right to use it as described below). You are also responsible for Your Content, so consider what you share with the Site. Content that is submitted or published cannot easily be removed from the Site. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You promise not to post personal information about private citizens, such as location information about privately owned residences unless those residences are conspicuously identified as a place of significance in the real world. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Booma. "Content" means content, text, images, photos, audio, video, location data, and all other forms of data or communication accessible on or through the Site. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site.

We or our licensors own the remaining Content ("Our Content"), including but not limited to text, photos, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Site.


Permission to Use Your Content

In order to share content with the broader Booma community and support the goals of the Site, we may use Your Content in a number of different ways, including copying it, publicly performing or displaying it, reformatting it, modifying it, translating it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own or other third party websites, mobile applications and other media or formats, whether now known or hereafter developed ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and Other Media the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against Booma and its users, any claims and assertions of moral rights or attribution with respect to Your Content.


Suggestions and Improvements

Booma welcomes your comments and feedback regarding the Site and generally we are looking for opportunities to improve the site through suggestions from and collaborations with users. However, by sending us any ideas, suggestions, designs, data, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, but we reserve the right to treat the Feedback as the Company's confidential information, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) you assign to Booma, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback; and (v) Booma will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you.


Copyright Disputes

We have adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Booma's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Booma's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Booma to be "repeat infringers".

  1. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
    1. Identification of the copyrighted work that you claim has been infringed
    2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Booma to locate such Content
    3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law
    4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
    5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address)
  2. Please note that Booma may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to the Lumen Database (https://lumendatabase.org/) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.
  3. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
    1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal
    2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification
    3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Booma is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person
    4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address)
  4. Address for Designated Agent. Please contact the Designated Agent at the following address:
  5. David Herring

    7042 E Rosewood Street

    Tucson, AZ 85710

    booma+DMCA@booma.us

  6. The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to.

Links to Third Parties

The Site may include links to other websites or applications (each, a "Third Party Service"). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk and subject to the Terms of Use and Privacy Policy on such sites.


Warranties, Liabilities, Disclaimers
  1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. BOOMA MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. BOOMA FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM BOOMA OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
  2. BOOMA DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO REPUTATION OF BOOMA OR ANY THIRD PARTY, OR (C) LOSS OF INFORMATION OR DATA.
  3. BOOMA FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
  4. BOOMA ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH BOOMA RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
  5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
  6. BOOMA'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BOOMA IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$1.00.

Miscellaneous
  1. If there is any dispute about or involving the Site or Booma, you agree that any such dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Pima County, Arizona.
  2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
  3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
  4. Except as otherwise stated in the section "Links to Third Parties" above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  5. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
  6. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
  8. The Terms of Service are not assignable, transferable or sublicensable by you except with Booma's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
  9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Changes to the Terms of Service

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.