End User License Agreement
EFFECTIVE AS OF JULY 13, 2022
INTRODUCTION
This End User License Agreement ("EULA or “Agreement") is a legally binding Agreement between you and Transsnet Music Limited and its affiliates (collectively, the “TML”), which shall govern your access and use of Boomplay (the “Boomplay”).
You will be availed of the opportunity to use Boomplay through the following options:
(i) music and video streaming and conditional downloading service, including without limitation Ad-supported Free Streaming Service and Paid Subscription Service;
(ii) Buzz service; and
(iii) Such other services as may be available on Boomplay from time to time.
(collectively referred to as the “Boomplay Service”).
Please note that you must read through carefully and agree to the terms and conditions provided in this Agreement before using the Boomplay Service. If you do not agree to the terms and conditions contained herein, please understand that you may not access or use the Boomplay Service.
By accessing or using the Boomplay Service, you confirm that you form a binding contract with TML, you accept and consent to this EULA and that you agree to comply with the EULA. You also agree to ensure that anyone who uses the Boomplay Service on your device also strictly abides by and adheres to this EULA.
If you are in a jurisdiction where Boomplay Service is illegal, unauthorized, or penalized, please note that you are strictly prohibited from using the Boomplay Service. If you do not agree to this EULA or wish to comply with it, you must not access or use the Boomplay Service.
THIS EULA FULLY INCORPORATES BY REFERENCE:
A. THE PRIVACY POLICY; AND
B. ALL OTHER POLICIES AND GUIDELINES OF THE BOOMPLAY SERVICE.
Your Account
You may either access the Boomplay Service as a visitor or by registering an account (“Account”). Please note, however, while you access the Boomplay Service as a visitor, you will only be able to access the basic features of the Boomplay Service and will not be able to access certain advanced features, including but not limited to downloads, commenting and sharing. While you desire to access both the basic and advanced features of the Boomplay Service, you must first register with Boomplay to create an Account. By creating an Account either directly or through a third party such as Facebook or Google, you represent and confirm that any registration information you submit to Boomplay is true, accurate, current and complete and that if there be any subsequent changes thereof, you will update your registration information accordingly.
As part of the registration process, you will be asked to provide personally identifiable information such as your name, email address, age, postal mailing address, mobile telephone number, gender and other demographic information (collectively, "Personal Data"), as well as asked to select a password and User Name. You represent and warrant that Personal Data is accurate and true.
If any Personal Data or registration information you have provided is determined by TML, in its sole discretion, to be untrue, inaccurate, not current, incomplete, offensive, misleading or designed to deceive, or if TML, in its sole discretion, believes it has a basis to suspect that such is the case, TML reserves the right to immediately suspend or terminate your Account, either with or without notice to you and to refuse to grant any and all current or future access and use of the Boomplay Service (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Boomplay Service.
TML reserves the right to immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that TML believes, in its sole discretion, is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using the Boomplay Service in any manner which may be harmful to other users, third parties or to the Boomplay Service, being investigated by a lawful authority or any other circumstance TML considers appropriate to terminate or suspend your Account.
Please note that the use of your Account for any illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice to you.
By registering an Account and accessing the Boomplay Service, you are indicating that you have read and agree to this EULA and its all terms and conditions thereof, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
You also agree to receive marketing promotions, and other solicitations from Boomplay, its advertising partners and/or other third-party advertisers (collectively, "Sponsors") based on the information you provided and expressly agree to be contacted by any such Sponsors.
You are not obligated to opt-in to receive any Sponsor offers when you participate in the Boomplay Service. However, if you choose to opt-in to receive any Sponsor's offer(s), you understand and agree that such Sponsor may contact you using the registration information you provide to TML, including without limitation, by telephone or email, pursuant to the terms and conditions of this EULA.
Agreement Review and Notices
TML may choose to review this Agreement in its sole discretion from time to time. Any changes will be communicated to you by us posting the new version of the Agreement within the Boomplay Service or as otherwise determined by TML in its sole discretion. It is your responsibility to remain informed of any changes, because you are legally obligated to abide by the latest version of the Agreement. Your acceptance of and / or continued use of Boomplay or the Boomplay Service after the date of the new Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge or reaccept the new Agreement following any material changes.
User Eligibility
Boomplay and the Boomplay Service are only for people thirteen (13) years old and over.
By using the Services and/or creating an Account, you represent that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of eighteen (18), or are considered as a minor in your jurisdiction, or under guardianship, you confirm that you had the parental or legal guardian consent for accessing or using Boomplay and the Boomplay Service, and are fully able and competent to enter into, abide by, and comply with the Agreement. If a valid and legitimate user allows his/her minor to access his or her personal Account, the user will be fully responsible for any conduct of his/her minor.
Purchase of the Paid Subscription Service
The Paid Subscription Service offers you premium access to the Boomplay Service. There are monthly, weekly and daily payment plans available. If you agree to pay the fee for access to the applicable Subscription plan, such fee will be charged by the third party payment provider designated by TML in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the owner of such card. All prices stated within the Boomplay Service are inclusive of any applicable sales taxes and fees. TML accepts a variety of different payment methods in different regions, so please check on Boomplay for the most convenient way for you to pay. TML shall not be liable for any payments which are not fulfilled successfully. If you have any issues with your payments, please send us an email at [email protected].
TML may change the price for the Subscription Service from time to time in its sole discretion.
Purchase of Virtual and Physical Items
You may be availed of the opportunity, at your discretion, to make in-app purchases of virtual items including but not limited to widgets, premium features and other benefits. You may also be availed of the opportunity to make purchases of physical items including but not limited to Boomplay merchandise. If such services are available in your jurisdiction, the specific terms and conditions of purchase per item will be stated within the Boomplay Service.
If you choose to purchase such virtual or physical items within the Boomplay Service, you will be charged accordingly. If you have any issues with redeeming any item you have purchased, please contact our Customer Service at [email protected] and we will respond to your query and treat it as soon as reasonably possible.
TML reserves the right to set or change the price for both virtual and physical items from time to time at its sole discretion.
Automatic Subscription Renewal
For your convenience, your subscription to the Monthly option of the Paid Subscription Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of the subscription term. At the time of renewal, the payment method you have designated to be charged for the purchase of the Monthly Paid Subscription Service will automatically be charged our then-current fee for the subscription. You may however choose to opt out of the Automatic Subscription Renewal. If you are having difficulty opting out, please click on “Help” within the Boomplay Service and select “How to Subscribe”. Scroll down to the end of the page and you will find ‘How to Disable Auto-Renewal’ for the different applicable payment methods.
Please note that the Daily and Weekly Subscription options are both one-off subscriptions and will not automatically renew upon the expiration of the subscription term.
Cached Content
The “offline mode” of the Boomplay Service permits you to download temporary copies of certain content based on your mode of access to the Boomplay Service. These downloaded content will be located in the “Downloads” folder of your “Library” within the Boomplay Service.
Buzz
Buzz is a section of the Boomplay Service which is dedicated to the dissemination of current entertainment information and news. You acknowledge and accept that the opinions and positions stated or provided in the articles and posts provided in Buzz do not reflect the opinions and positions of TML, its officers and its affiliates.
User-Generated Content
You could upload or create user-generated content within Boomplay Service (including, but not limited to, Buzz and comments, etc.) only if You accept and consent to this EULA and that you agree to comply with the EULA. You acknowledge that inappropriate content is prohibited within Boomplay Service, including but not limited to content that contains: (1) sexual content and profanity; (2) hate speech; (3) violence; (4) terrorist content; (5) dangerous movements and organizations; (6) bullying and harassment; (7) dangerous products; (8) marijuana; (9) tobacco and alcohol. TML reserves the right to take action against inappropriate content within Boomplay Service including not limited to immediately deleting the inappropriate content, and suspending Your account.
Restrictions regarding your use of the Boomplay Service
You acknowledge that all content and works published and provided by TML within the Boomplay Service (including, but not limited to, audio files and streams, audio-visual and video files and streams of text, images, illustrations, etc.) are owned or controlled by TML, its subsidiaries and/or affiliated companies or third-party providers or licensors, and shall be referred to herein as "Materials".
The Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this EULA, certain other policies and agreements, and applicable laws.
Further, the third-party providers and licensors of the Materials have reserved all rights, including without limitation all applicable rights relating to their Materials, as they may prescribe from time to time. Your use of the Materials is subject to the following prohibitions and restrictions:
(i) You may not copy, reproduce, upload, export, transfer, sell, forward, share with others or transmit the Materials in any way unless specifically authorized by TML;
(ii) You may only utilize the Materials for specific personal and non-commercial entertainment purposes;
(iii) you are not granted any commercial exploitation right which includes but is not limited to sale, resale, reproduction, distribution or promotional use rights for the Materials;
(iv) You are prohibited from making modifications, alterations, adjustments, change, adaptation, improvement, refinement, revisions to the Materials or creating derivative works based on the Materials, as well as using the Materials on any networked computer environment or other websites;
(v) You are prohibited from making any use of the Materials that would infringe the copyrights therein;
(vi) You must comply with all applicable laws in your use of the Materials and agree to protect any third-party licensor's rights therein;
(vii) You are prohibited from making any unauthorized reproduction or distribution of Materials that violates applicable law;
(viii) You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions;
(ix) All rights not expressly granted to you in this EULA are reserved to TML and/or its licensors; and
(x) TML (for itself and for the Materials' owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
Customer Support
If you have any questions concerning Boomplay, the Boomplay Service or this Agreement, please contact our customer service by sending us an email at [email protected].
Term and Termination of Agreement
The term of this Agreement, in relation to you, will commence when you create a Boomplay Account or when you start using the Boomplay or the Boomplay Service and will remain effective until terminated by you or Boomplay. You may cancel your subscription of the Boomplay Paid Subscription Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for. TML will not refund any remaining portion of subscription fees you have already paid for. TML reserves the right to terminate this Agreement or suspend your Boomplay Account at any time in case of unauthorized, or suspected unauthorized use of Boomplay or the Boomplay Service whether in contravention of this Agreement or otherwise. If TML terminates this Agreement, or suspends your Boomplay Account for any of the reasons set out in this section, TML shall have no liability or responsibility to you, and TML will not refund any amounts that you have previously paid.
Exclusion of Warranties
YOU ACKNOWLEDGE AND AGREE THAT BOOMPLAY, THE MATERIALS AND THE BOOMPLAY SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU ACCESS THEM AT YOUR OWN RISK.
IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i)YOUR USE OF BOOMPLAY, BOOMPLAY SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii)YOUR USE OF BOOMPLAY, BOOMPLAY SERVICE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(iii)ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF BOOMPLAY, BOOMPLAY SERVICE OR THE MATERIALS WILL BE ACCURATE OR RELIABLE; AND
(iv)DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF BOOMPLAY, BOOMPLAY SERVICE OR THE MATERIALS WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO BOOMPLAY, BOOMPLAY SERVICE OR THE MATERIALS EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THIS AGREEMENT.
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, TML DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF BOOMPLAY, THE MATERIALS OR THE BOOMPLAY SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TML, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE BOOMPLAY OR THE BOOMPLAY SERVICE (INCLUDING BUT NOT LIMITED TO THE MATERIALS), EVEN IF YOU HAVE ADVISED TML ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with Boomplay, the Boomplay Service, or the Materials is to uninstall Boomplay and to stop using the Boomplay Service. You acknowledge and agree that in no event will TML’s total liability to you in connection with this Agreement exceed the total amount paid by you for the Boomplay Service (if any).
Third Party Content and Links to Third Party Sites
Within the Boomplay Service, you will find links which may let you leave the Boomplay. These links are provided as a courtesy only, and the sites they link to are not under the control of TML in any manner whatsoever. Therefore, TML is in no manner responsible for the content of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). You acknowledge that TML is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, partnership, endorsement nor sponsorship by TML of the site(s) and/or any of the content therein.
You understand that all third party content, including, without limitation all advertisers, marketers and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through Boomplay, Materials and Boomplay Service (collectively, "Third-party Content"), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Third-party Content they have created.
TML has and accepts no responsibility for and does not endorse nor control such Third-party Content. This means that you, and not TML, are entirely responsible for all Third-party Content that you upload, download, post, email, transmit or otherwise make available via Boomplay or the Boomplay Service.
TML does not guarantee the accuracy, integrity nor quality of such Third-party Content. You understand and agree that by accessing and using Boomplay, Materials and Boomplay Service, you may be exposed to Third-party Content that may be offensive, indecent, infringing, hazardous, illegal or objectionable in your community. You agree to assume and accept all risks associated with the use of any Third-party Content, including any reliance on the accuracy or completeness of such Third-party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third-party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-party Content.
You acknowledge that you may not rely on any Third-party Content submitted to TML including, through the Boomplay Service. Under no circumstances will TML or its licensors be liable in any way for any Third-party Content, including, but not limited to, any errors or omissions in any Third-party Content or any loss or damage of any kind incurred as a result of the access and use of any Third-party Content posted or transmitted via the Boomplay Service. By accessing and using the Boomplay Service, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility.
In addition, all Third-party Content made available or accessed through the use of the Boomplay Service is the property of the applicable Third-party Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Prohibited Activities
Notwithstanding anything to the contrary in this Agreement, you are strictly prohibited from:
(i) using Boomplay, Materials or Boomplay Service for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
(ii) using Boomplay, Materials or Boomplay Service to, or in any way that would, violate any applicable laws, regulations or ordinances;
(iii) removing any proprietary notices from Boomplay, Materials or Boomplay Service or any copies thereof;
(iv) causing, permitting or authorizing the modification, creation of derivative works;
(v) selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Boomplay, Materials or Boomplay Service, including, without limitation, through sublicense, to any other entity without the prior written consent of TML;
(vi) translation, reverse engineering, decompiling or disassembling any software of Boomplay;
(vii) accessing, creating or modifying source code related to Boomplay, Materials or Boomplay Service in any way;
(viii) collecting any information or communication about the users of the Boomplay, Materials or Boomplay Service by monitoring, interdicting or intercepting any process of or communication initiated by Boomplay, Materials or Boomplay Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(ix) attempting to hack the Boomplay, Materials or Boomplay Service or any communication initiated by the Boomplay, Materials or Boomplay Service or to defeat or overcome any encryption and/or other technical protection methods implemented by TML or its licensors with respect to the Boomplay, Materials or Boomplay Service and/or data and/or content transmitted, processed or stored by TML or other users of the Boomplay, Materials or Boomplay Service;
(x) taking any steps to interfere with or in any manner compromise any of TML's security measures; or
(xi) using Boomplay, Materials or Boomplay Service to develop, generate, transmit or store information that:
(a)infringes any third party's intellectual property or other proprietary right;
(b)is defamatory or harmful; or
(c)in any way obstructs or otherwise interferes with the normal performance of another person's use of the Boomplay Software or Services, using any unlicensed or unauthorized copies of the Materials and Software.
You acknowledge that TML may be required to disclose information to third parties asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize TML to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Except where TML specifically requests or solicits comments or submissions, TML does not accept, solicit nor consider any creative ideas, suggestions, comments or materials (collectively, "Comments") from the public.
If a Comment is received from you by TML, you understand, acknowledge and agree that:
(i) it may be utilized by TML free of any right, claim, title or ownership interest in the Comment(s),
(ii) you waive your right to assert any ownership right, claim, title and interest of any kind in the Comment(s) (including, but not limited to unfair competition, Intellectual Property, moral and/or similar rights or implied contract),
(iii) you hereby grant TML a non-exclusive, perpetual, irrevocable, worldwide license to the Comment(s) in every media and for every purpose now known or hereinafter discovered, and
(iv) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit.
(v) You completely release TML (and its subsidiaries, providers, licensors, and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, "Claims"), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by TML.
End User Representations and Warranties
You represent, covenant and warrant that:
(i)You possess the legal right and ability to enter into this EULA and to comply with its terms;
(ii)you will use Boomplay, Materials or Boomplay Service for lawful purposes only and in accordance with this EULA, other applicable policies and/or agreements and all applicable laws, regulations and policies, including without limitation the Privacy Policy;
(iii)you will not attempt to decompile, reverse engineer nor hack website, or the Boomplay Service nor to defeat or overcome any encryption and/or digital rights management technology implemented by TML with respect to the Boomplay, Materials or Boomplay Service and/or data transmitted, processed or stored by TML, the Boomplay or the Boomplay Service;
(iv)you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by TML or TML's providers and licensors to protect the content and files distributed within the Boomplay Service, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files; and
(v)you will not take any steps to interfere with or in any manner compromise any of Boomplay's security measures.
We have zero-tolerance toward any objectionable or unlawful content and abusive users. We reserve the right, at any time and without prior notice, to take down, remove or disable access to content at our discretion for any reason including without limitation, if the content violates the EULA or if we find the content is objectionable, unlawful or otherwise harmful to the Boomplay Services or our users, and block access to and/or terminate the Accounts of any user who posted objectionable or unlawful content.
If you wish to complain about objectionable or unlawful content posted by other users, please either report directly on the platform or contact us at [email protected]. Upon receipt of your complaint, we’ll respond promptly and remove such objectionable or unlawful content and eject the user who posted such objectionable or unlawful content. We also have the right to remove any content you post on Boomplay if, in our opinion, your content is objectionable or unlawful content or does not comply with this EULA.
Notification of Copyright Infringement
TML does not take copyright infringement claims lightly and will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Boomplay, Materials or Boomplay Service, please notify TML via [email protected].
A notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the Notice), and must include substantially all the following:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(iii) a description of the exact name of the file on Boomplay and the location of the file (if available) that you claim is infringing; and
(iv) information sufficient to permit TML to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach Boomplay's copyright agent for Notice of claims of copyright infringement, please Kindly Email: [email protected]
The copyright agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through Boomplay, Materials or Boomplay Service.
Where a notice of copyright infringement has been made regarding any content within the Boomplay Service, the disputed content may be taken down or pending until the resolution of the claim/dispute.
For the avoidance of doubt, TML shall not be liable for any infringing content hosted or featured on Boomplay, Materials or Boomplay Service and the infringing party shall bear full responsibility and liability for any claim of copyright infringement made.
Indemnity
You agree to indemnify, hold harmless and defend TML, providers and licensors of TML, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, "Indemnified Parties"), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your
(i) violation or breach of any term of this EULA or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law;
(ii) use or misuse of Boomplay, Materials or Boomplay Service; or
(iii) your infringement or the infringement by any other user through your Account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person or entity.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of TML or Boomplay used herein are trademarks or registered trademarks of TML or providers and licensors of TML. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the bona fide originating mark owner.
Governing Law
This Agreement, its subject matter and formation, shall be governed by the laws of Hong Kong to the exclusion of any conflict of law rules. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, Boomplay, Materials and/or Boomplay Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to with this Agreement shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any request for arbitration, claim or cause of action arising out of or related to the use of the Boomplay, Materials or Boomplay Service or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous
TML reserves all rights not expressly granted herein. TML may modify this EULA at any time for any reason, in its sole discretion, by posting the revised EULA on Boomplay. You may not assign any rights granted to you hereunder. Nothing in this EULA shall constitute a partnership or joint venture between you and TML. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.
The failure of TML at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with Boomplay, Materials or Boomplay Service is in conflict or inconsistent with this EULA, this EULA shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere within the Boomplay Service, these terms and conditions shall take priority and precedence.
This EULA and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to TML under this EULA are cumulative and in addition to, not in lieu of, any other rights and remedies which TML may possess at law or in equity.
The terms set forth in this EULA and any agreements included or referred to in this EULA constitute the final, complete and exclusive agreement with respect to Boomplay, Materials or Boomplay Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of this EULA and shall have the right to enforce it against you. Upon termination, cancellation, suspension or expiration of this EULA for any reason, you agree to cease all access and use of the Site, Software and Services.
If you have any questions or concerns about this EULA or any issues raised in this EULA or on this Site, please contact us: [email protected]
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply:
By downloading Boomplay from Google Play, Apple App Store or any other application store (each an “App Store”), you specifically acknowledge and agree that:
(i) To the extent of any conflict between (a) the Terms of Service, Terms of Use or such other terms which the App Store designates as default end user license terms for such App Store (all of which together are referred to as the "App Store Terms"); and (b) the other terms and conditions in these Terms, the App Store Terms shall apply with respect to your use of Boomplay that you download from such App Store.
(ii) You hereby acknowledge that the owner of the relevant App Store does not have any responsibility or liability related to compliance or non-compliance by TML or you (or any other user) under this EULA or the App Store Terms