Last Updated: March 01, 2023
Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.the2boom.com website or mobile application (together, or individually, the “Service”) operated by 2boom (“us”, “we”, or “our”).
By accessing or using our Service, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with all the terms and conditions, then you may not access or use the Service.
Key Points
- These Terms cover your use of 2boom’s online store and related services. They do not alter the terms you agree to when purchasing individual products.
- We grant you a limited license to access and use our Service in line with these Terms.
- You agree not to misuse the Service or assist others in doing so. This includes respecting all intellectual property rights.
- We make reasonable efforts to ensure Service availability, but cannot guarantee continuous access or that it will be error-free.
- You’re responsible for ensuring your equipment and internet access meet system requirements and paying your own access charges.
- We may suspend or terminate your access to the Service at any time for serious breaches or repeat violations of these Terms.
- Our liability is limited regarding your use of the Service.
Your Agreement
These Terms constitute a legally binding agreement made between you and 2boom regarding your access to and use of the Service as a customer. “You” refers to the individual person accessing or using the Service.
Changes to the Terms
We may revise these Terms from time to time in our sole discretion. All changes will be effective immediately when we post the revised Terms on the Service.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to be bound by the changes. You are expected to check this page each time you access the Service so you are aware of any changes, as they are binding on you.
Accessing the Service
We grant you a revocable, non-exclusive, non-transferable, limited license to access and use the Service solely as permitted by these Terms. We reserve all rights not expressly granted to you.
Your right to access and use the Service is conditioned on your compliance with these Terms. You will not access or use the Service for any purpose or in any manner that is illegal or prohibited by these Terms.
You are solely responsible for:
- Providing your own internet access, computer equipment, mobile devices, and all other items required to access the internet and use the Service;
- Paying any internet connection or mobile charges incurred while accessing the Service;
- Ensuring your equipment and internet meet any required technical specifications or configurations to enable proper use of the Service.
We make reasonable efforts to ensure the Service is generally available at all times. However, we cannot guarantee continuous or uninterrupted access. The Service may be unavailable due to system failures, maintenance periods, or other unforeseen circumstances.
We have the right to immediately suspend or terminate your access without notice for any actual or suspected misuse or violation of these Terms.
Account Registration
Certain features or pages of the Service may require you to register for a user account. If you register for an account, you agree to provide true, accurate, and complete registration information and ensure your details are kept updated.
You are responsible for safeguarding your login credentials and agree not to disclose them to any third party. You remain liable for any activities or actions that occur under your account, whether authorized by you or not. You must immediately notify us of any unauthorized use of your account.
We reserve the right to suspend, deactivate, or delete your account if you breach these Terms or engage in any illegal or fraudulent activity. We may also terminate accounts that have been inactive for an extended period.
Intellectual Property Rights
The Service and all materials therein (“Service Content”), including the 2boom brand, trademarks, designs, text, graphics, images, information, software, audio, videos, and other files are the property of 2boom and our licensors.
We grant you a limited license to access and use the Service Content solely for your personal use in connection with your use of the Service. You have no other rights in relation to the Service Content, which you may not reproduce, publish, distribute, or commercially exploit in any way.
User Content
We may allow you to post, submit, publish, display, or transmit content as part of using the Service (“User Content”). You retain ownership of any intellectual property rights you already hold in User Content.
However, by making any User Content available through the Service, you grant us a perpetual, worldwide, transferable, sub-licensable, royalty-free license to copy, adapt, modify, translate, publish, host, store, transmit, publicly display, and distribute it in connection with operating and providing the Service.
You are solely responsible for all User Content you make available through the Service. You represent and warrant that your User Content does not violate any third party rights, including intellectual property, privacy, or publicity rights. You agree to comply with all applicable laws regarding User Content.
We have the right to refuse to post, remove, or restrict access to any User Content for any reason.
Restricted Uses
You may use the Service only for lawful purposes. You agree not to:
- Violate any laws or regulations that are applicable to your use of the Service;
- Infringe the intellectual property or other rights of 2boom or any third party;
- Upload or transmit any malicious code or software that disrupts, damages, or accesses our Service in an unauthorized manner;
- Use any data mining, robots, web crawlers, or similar data gathering, scraping, or extraction methods;
- Circumvent any access or use restrictions put in place to prevent certain uses of the Service.
In connection with using the Service, you further agree not to:
- Harass, threaten, stalk, intimidate, abuse, or defame any person;
- Violate the privacy or publicity rights of another person;
- Upload or transmit offensive, obscene, pornographic, or profane content;
- Upload or transmit messages containing racist, sexist, or otherwise discriminatory content;
- Promote or encourage any illegal activity;
- Impersonate another person or misrepresent your affiliation with someone;
- Disclose the personal information of others without the requisite consent;
- Upload or transmit content that contains falsehoods or misrepresentations.
We have the right to investigate violations of these Terms and any conduct that affects the Service. We may in our sole discretion suspend or terminate your account, restrict your access, or remove content if we believe you are in breach of these Terms.
No Warranties
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS;
- THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
- ANY DEFECTS IN THE SERVICE WILL BE CORRECTED;
- THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE;
- ANY INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, BUT SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Indemnification
You agree to fully indemnify, defend, and hold harmless 2boom and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, expenses, and costs (including but not limited to attorney’s fees) arising from:
- Your access to or use of the Service;
- Your User Content;
- Your violation of any of these Terms or any applicable law or the rights of a third party;
- Any other party’s access or use of the Service using your account or login credentials.
This indemnification obligation will survive termination or expiration of these Terms and your access to the Service.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in San Francisco County, California. You waive any objections you may have to jurisdiction and venue in those courts.
Modifications to the Service
We reserve the right to modify, suspend, or discontinue the Service at any time without prior notice. We may also impose limits on certain features, services, or your access to parts of the Service without notice or liability.
Entire Agreement
These Terms constitute the entire agreement between you and 2boom regarding your access to and use of the Service. These Terms supersede any prior agreements, statements, or understandings regarding the Service.
Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be severed and the remaining provisions will still be enforceable.
No Waiver
Our failure to exercise or enforce any rights or provisions of these Terms does not waive our right to enforce such right or provision later.
Assignment
We may assign, transfer, or otherwise delegate our rights and obligations under these Terms without your consent. You may not assign, transfer, or delegate any rights or obligations under these Terms without our written consent.
Electronic Notices
You agree to receive any communications and notices from us relating to your access and use of the Service in electronic form. We may provide notices by posting on the Service or by emailing you at the address provided to us.
Contact Us
Please feel free to contact us if you have any questions about these Terms.
- Via Email: [email protected]
- By Phone: 1-800-222-2000
- By Mail: 2boom Inc. 100 Main Street, Anytown USA 12345
Disclosures for European Union Consumers
If you reside in the European Union (“EU”), these additional disclosures apply to you under the EU’s Consumer Rights Directive:
Right of Withdrawal
For physical products purchased on our Service, you have a 14-day right of withdrawal from the date of purchase without having to provide reasons or pay any penalties except reasonable costs for return shipping.
To exercise your right of withdrawal, contact us providing your name, billing/shipping address, details of products ordered and (where available) your phone number and email. We will supply instructions to return the goods. We will process eligible refunds within 14 days.
Exceptions: The right of withdrawal does NOT apply to:
- The supply of goods made to your specifications or which are clearly personalized;
- The supply of sealed audio or sealed video recordings or sealed software which have been unsealed after delivery;
- The supply of goods liable to deteriorate or expire rapidly.
Customer Service and Complaints
We aim to promptly resolve any issues or complaints you have regarding your purchases and use of the Service:
- Email us at [email protected] explaining the issue;
- We will acknowledge receipt within 1 business day;
- A customer service representative will contact you within 3-5 business days addressing your concerns.
If we are unable to reach a satisfactory resolution, you may seek to resolve the dispute out-of-court using the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
Disclosures for United Kingdom Consumers
If you reside in the United Kingdom (“UK”), these additional disclosures apply under UK consumer rights legislation:
Right of Withdrawal
For physical products purchased online, phone or mail order, you have a 14-day right to withdraw beginning the day after receiving the last good in your order.
You can withdraw by contacting us in writing or through the contact form on our website, providing your name, address and details of the order. We will supply instructions for returning the goods. We will process eligible refunds within 14 days after receiving the returned goods. You will bear the costs of return shipping.
Exceptions: The right of withdrawal does NOT apply to:
- Sealed audio or video recordings and software;
- Goods that deteriorate rapidly or expire quickly;
- Goods made to your specifications or which are clearly personalized.
UK Dispute Resolution
Complaints can be submitted via email to [email protected]. We aim to respond to complaints within 5 business days of receipt.
For quality disputes, we offer refund, replacement or repair as appropriate. For delays in product replacement or repair, you may have remedies under the Consumer Rights Act 2015.
If we cannot reach an informal resolution within 8 weeks of receiving your complaint, the ombudsman service offered by the UK European Consumer Centre may be an option to resolve certain complaints relating to UK consumers accessing services from outside the UK.
Liability
We provide the Service with reasonable care and skill as far as possible. However, we do not make any promises or guarantees about the Service or its content beyond any that are clearly posted on the Service.
We accept liability for death or personal injury arising from our negligence and for fraudulent misrepresentation. We are not liable for business losses like lost data, profits, income, or business opportunities. Other than the types of liability which we must accept, we exclude all other liability arising from your use of the Service.
Governing Law
These Terms are governed by the laws of England and Wales. If there is a dispute that we cannot resolve directly, you and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.
