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BELOW IS A LEGAL AGREEMENT BETWEEN YOU AND BOOMINGEFFECTS.COM. YOU MUST ACCEPT THESE TERMS AND CONDITIONS WHICH GOVERN THE USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE. BOOMINGEFFECTS MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS AGREEMENT.
1. Acceptance of Terms and conditions
These are the terms and conditions on which Boomingeffects allows you to access and use the Website as a guest or a registered user. Please read these Terms and conditions carefully before you begin to use the Website.
When you access and use the website, you accept these Terms and conditions and agree to abide by them.
If you do not agree to these Terms and conditions, then you do not have permission to use the Website.
2. Boomingeffects’ Proprietary Rights
You do not have permission to copy, distribute, reproduce, sell, lease, assign, rent, sublicense or encumber any aspect of the Website.
You do not have permission to modify or create derivative works of any aspect of the Website or any Content other than with respect to your own content.
You do not have permission to disassemble or decompile or attempt to discover any source code contained in the Website or any software or database connected to the Website.
Paid content on the website, whether by Credit Card through the website, or by check via a commercial contract must be paid for by the originator of the Paid Content.
Users wishing to list Paid Content on the Website will be directed to a third-party payment processing site. Upon receipt of a payment confirmation from the third-party payment processing site, Boomingeffects shall list the Paid Content to the appropriate section of the Website.
Paid Content purchased using Boomingeffects’s nominated third-party payment processing site must be paid for with a credit or debit card issued by Visa or Mastercard (or American Express via PayPal). You must be authorized to use the payment method you select.
Under no circumstances shall Boomingeffects be obliged to refund any payments made with respect to prepaid individual listings.
Prepaid Listing Accounts:
If you wish to set up a prepaid listing account you should contact us. Boomingeffects reserves the right to refuse any application prepaid listing account at its own discretion with or without valid reason.
If Boomingeffects does not receive a periodic payment when due, it reserves the right to suspend your account(s) and/or remove all Paid Content posted until the arrears are brought fully up to date including in respect of any charges or processing fees reasonably incurred by Boomingeffects as a result of your non-payment. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PERIODIC PAYMENTS. FAILURE TO SATISFY A PERIODIC PAYMENT OBLIGATION WILL RESULT IN DISRUPTION OF YOUR PREPAID LISTING ACCOUNT.
Boomingeffects reserves the right to increase listing rates at its own discretion. Boomingeffects agrees to promptly notify (via email) holders of prepaid listing accounts of any rate increases and their revised periodic payments.
In the event that Paid Content violates any aspect of these Terms and conditions, Boomingeffects may, in its sole discretion and without warning or refund (i) remove the Paid Content from the Website and/or (ii) take necessary steps to prevent persons who posted the relevant Paid Content from accessing the Website.
Boomingeffects is neither responsible nor liable for the perceived success or failure of any Paid Content posted on the Website.
4. Links to Third Party Sites
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
5. Notification of Claims of Infringement
It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates.
Boomingeffects is not responsible for any Content submitted by a user that infringes another’s proprietary rights.
Boomingeffects may, but is under no obligation to screen or monitor any Content. If notified of Content which allegedly does not conform to these Terms and conditions or infringes a third party’s proprietary rights, Boomingeffects may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Content. Boomingeffects has no liability or responsibility to users for performance or nonperformance of such activities.
6. Access and Linking to the Website
Your access to the Website is provided on a non-exclusive, temporary and revocable basis by Boomingeffects, and Boomingeffects reserves the right to withdraw or amend your right to access to the Website without notice.
Boomingeffects will not be liable if for any reason the Website is unavailable at any time or for any period.
If Boomingeffects disables your account, you will not create another one without our permission.
7. Conduct & Acceptable Use; No Spam
You do not have permission to post, email, or make available through the Website any Content that is objectionable to Boomingeffects or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the Website any Content that:
is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or any information harmful to minors;
is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
is pornographic or any kind of nudity, sexually explicit or perverse content;
is anti-Islamic or in any way derogatory towards Islam;
is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals;
impersonates any another person;
includes personally identifiable information about another person without their permission;
is false or deceptive;
includes links to other websites, except when (1) expressly approved by Boomingeffects in writing, and (2) posted in a posting uploaded by you in the appropriately designated area;
advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to;
violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
on which the Website is stored or any server, computer or database connected to the Website,
for the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and Boomingeffects reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of this Clause 9 from accessing the Website.
8. Disclaimer of Warranties
You use the Website at your own risk.
The Website is provided without warranty and is provided on an “as is, as available” basis.
BOOMINGEFFECTS HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, BOOMINGEFFECTS SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE:
IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU FROM A THIRD PARTY;
OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR
FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.
9. Limitation of Liabilities
To the maximum extent permitted by applicable law, Boomingeffects hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In particular, Boomingeffects is not liable for any damages or losses resulting to you or a third party from:
the use or the inability to use the Website;
services or goods acquired through the Website;
any Content displayed on the Website; or
a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
10. Termination of Access to the Website
Boomingeffects reserves the right to block you or terminate you from accessing the Website for any breach of these Terms and conditions at any time without any notice.
Boomingeffects reserves the right to delete any of your Content from the Website at any time.
Boomingeffects is not liable to you or a third party for any termination of your access to the Website or deletion of your posted Content.
You agree not to try to use the Website after said termination.
11. Violations of Terms and conditions
12. Enforcement of Terms and conditions
Boomingeffects reserves the right to take steps Boomingeffects believes are reasonably necessary or appropriate to enforce and/or verify compliance with any of these Terms and conditions (including, but not limited to Boomingeffects’s right to cooperate with any legal process relating to your use of the Website, and/or a third party claim that your use of the Website is unlawful and/or infringes such third party’s rights). You agree that Boomingeffects has the right without liability to you to disclose any registration data and/or account information to law enforcement authorities, government officials and/or third parties, as Boomingeffects believes is reasonably necessary or appropriate to enforce and/or verify compliance with any of these Terms and conditions(including, but not limited to Boomingeffects ‘s right to cooperate with any legal process relating to your use of the Website, and/or a third party claim that your use of the Website is unlawful and/or infringes such third party’s rights).
You agree that the fact that these Terms and conditions are in electronic format does not affect in any way their validity or enforceability.
These Terms and conditions constitute the entire agreement between you and Boomingeffects regarding its subject matter and supersede any contemporaneous or prior oral or written agreements, representations, understandings or discussions between you and Boomingeffects, whether implied or express.
Boomingeffects’s delay or failure to exercise a right or act on a breach of these Terms and conditions does not waive our right to do so in the future.
The provisions of these Terms and conditions shall be deemed severable, and if any provision is determined to be illegal or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding.
14. Governing Law & Dispute Resolution
These terms are governed by UAE laws.
In the event of any disputes between you and Boomingeffects, the applicable law will be that of UAE governing laws. Boomingeffects is open to first attempting to resolve the dispute in an informal and amicable manner.
However, if either party believes that the dispute cannot be resolved in such a manner, then the parties agree that either party may refer any dispute arising out of, or in connection with, these Terms of and conditions, including any question regarding its existence, validity or termination, to be finally settled by binding arbitration. Such arbitration shall be held under UAE governing laws.
The seat of arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable attorneys’ fees and the cost of the arbitration to the prevailing party.
Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
If the arbitral panel has not been formed, any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both you and Boomingeffects hereto do hereby submit for this limited purpose.
15. Modifications to Terms and conditions
Boomingeffects reserves the right at any time and from time to time to update, revise, supplement and otherwise modify these Terms and conditions and to impose new and/or additional rules, policies, terms and/or conditions on your use of the Website (collectively referred to as “Additional Terms”). Such Additional Terms will be effective immediately and incorporated into these Terms and conditions. Your continued use of the Website constitutes your acceptance of all such Additional Terms. Any Additional Terms are hereby incorporated into these Terms and conditions by this reference.