© 2019 Boomy Corporation. All rights reserved. Boomy Corporation. 1935 Addison St. Suite A, Berkeley, CA 94704

Boomy End User License Agreement

Last Updated March 04, 2019

BOOMY OVERVIEW

How can I use the Boomy website and app and what is the end product?

The Boomy app enables users to make fully produced creative instrumental songs using simple filters. There are several different services available to users.

Using Boomy for free

All Boomy users can modify and arrange original songs by setting filters and pressing a “Create Song” button. That song can continually be modified until the user is happy with the result. The ownership in all songs modified by the user will belong to Boomy as a work-made-for-hire.

When the user generates a song they like, they can “save” that song. After that song is saved, the user can take certain actions associated with that song (without having to pay anything). The user can stream the song on the Boomy website. The user can download the song in mp3 format. For these songs, the ownership is retained by Boomy, but the user is granted a license to use that song for several purposes. The user is granted a license to sync the song to a moving image (for example, use as background music in YouTube videos), to share the song freely on social media, and generally use the song for any reasonable non-commercial purpose. The user is not allowed to edit, remix, or create derivative works of the song, or distribute the song to streaming services. For these cases, the user will need to purchase the ownership from Boomy (see Purchasing Ownership from Boomy).

All Boomy users can save as many songs as they’d like. However, some free features associated with saving a song – for example, downloading mp3 files – may be limited depending on their usage tier.

Purchasing Ownership from Boomy

After a song is saved, any user has the option to purchase 100% of that song’s ownership for a fee. The user is granted ownership of the song. The user is then free to create derivative works of the song, use the song for any commercial purpose, distribute and monetize the song, and enjoy any other benefits of ownership of the song. After the song has been purchased, boomy disclaims any liability arising from its use.

Even though the user becomes the owners of the song once the transaction is finished through the ownership transfer agreement, the owner grants Boomy an unlimited, worldwide, royalty-free license to stream the song and derivatives of the composition of that song, in order to showcase its product.

Using Boomy Premium

As a premium user paying a monthly subscription, the Boomy user can save unlimited songs (which includes the ability to download unlimited mp3s on those songs and enjoy other free benefits to the song). Boomy reserves the right to change benefits associated with the Premium Boomy service at any time at its sole discretion.

TERMS FOR USE OF BOOMY

I.         Use of Boomy.

 

You (“User”) agree that in addition to the end user license and terms of use presented here, use of Boomy is granted as follows:

 

1.     In consideration of free use of Boomy, any arrangement, sound recording, composition, and/or musical work accessed through the use of the Boomy platform, shall be the property of Boomy Corporation as a work-made-for-hire.

2.     Users can modify Boomy’s original songs by setting filters and pressing the “create song” button, or by accessing editing features.

3.     The song can be modified until the user is happy with the result.  The ownership in all songs modified by the user will belong to Boomy Corporation.

4.     When the user accesses and arranges a song they like, they can save that song.

5.     A saved song can be streamed freely on the Boomy website.

6.     The user can download the song in an MP3 format (up to a certain limit of songs set by Boomy) and the user is licensed to use the song in the following ways:

a.     The user can synchronize the song to any user-created moving images such as background music to Youtube posted videos, provided the user is the primary creator of that video;

b.     To share the song freely on social media;

c.     Use the song for any reasonable non-commercial purpose;

7.     The user may not edit, remix, or create derivative works of the song outside of the Boomy application without purchasing ownership.

8.     The user may not distribute the song to streaming services without purchasing ownership.

9.     The user is permitted to purchase the ownership from Boomy for a fee outlined in the Library section of the Boomy app.

 

II.         Purchasing Ownership.

 

1.     Once a song is saved, the user has the option to purchase one hundred (100%) percent of that song’s ownership for a fee. The user is granted full ownership of the song, which allows the user to copyright that song in the user’s name at www.copyright.gov

2.     Once user has acquired ownership, user is free to create derivative works (different versions) of the song, use the song for any commercial purpose to distribute and monetize the song and enjoy any other benefits of ownership of the song, including acquiring the copyright in and to the song.

3.     Once the user has acquired ownership, said user grants Boomy an unlimited, worldwide, royalty free, license to stream the song throughout the world.

 

III.         Governing Law.   This Agreement shall be governed by the laws and the courts of California.

 

End User License Agreement for the Boomy Music Service

This is a legal agreement between you and the providers of the Boomy music service, stating the terms that govern your use of the Boomy service (Service), and the music on the Boomy (Product). This agreement – together with all updates, additional terms, software, licenses, and all of Boomy rules and policies - collectively constitute the agreement between you and the providers of the Boomy app and music service. This agreement may be variously referred to as the “Agreement”, “End User License Agreement”, “EULA”, “Terms and Conditions”, “Terms of Service” and/or “Terms of Use”.

If you do not agree to these terms, please delete the site from your device and discontinue accessing any content on the Boomy website. You must accept and abide by these terms as presented to you. Changes, additions or deletions are not acceptable, and Boomy may refuse access to the Boomy music service for your non-compliance with any part of this agreement.

By continuing to use the Product and Service, you confirm that:

·       You have read and understood the present agreement in full.

·       You agree with all the clauses of the present agreement.

·       You agree with the fact that you are not able to use materials from Boomy if it is in conflict with the legislation of your country.

 

Boomy is unable to control all Boomy users; therefore you are responsible for usage of the materials represented on the Boomy website.

Definition of the Boomy music service.

Boomy Corporation is the provider of the Boomy content which you access through your web browser, in accordance with certain terms and conditions as set forth in this Agreement, and stream to a compatible device under the terms set out herein.

Age requirements for use of the Service.

The Product and Service are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

System Requirements.

Use of the Product and Service requires a compatible device, Internet access (fees may apply),  and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Product and Service are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

Your Information.

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Boomy Corporation may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Boomy may store and use the Registration Data you provide for use in maintaining your account.

User Account and Security.

Account and Password: As a registered user of the Service, you may establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Boomy of any unauthorized use of your Account or any other breach of security. Boomy shall not be responsible for any losses arising out of the unauthorized use of your Account.

Security: You agree not to violate or attempt to violate any security components of the Service. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the software and/or website components related to the Product or Service for any reason whatsoever (“Usage Rules”). Usage Rules may be controlled and monitored by Boomy for compliance purposes, and Boomy reserves the right to enforce the Usage Rules with or without notice to you.

You will not access the Service by any means other than through the provided web service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the app in any manner or form, or to use modified versions of the app, for any purposes, including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

Usage Rules

Your use of the Product and Service is conditioned upon your prior acceptance of the terms of this Agreement.

You shall be authorized to use the Product and Service only for PERSONAL, NON-COMMERCIAL USE. Commercial use of any media you create with Boomy may be permitted in some cases, for example after purchasing ownership of that song from Boomy.

The delivery of Product or Service does not transfer to you any commercial, ownership, trademark or promotional rights to the Products, Service, or any content associated or delivered by or through the Product or Service. The use of the Product or Service for ANY COMMERCIAL USE IS STRICTLY PROHIBITED under the terms of this Agreement.

You agree that your use of Product and Service constitutes your acceptance of and agreement to use the Product and Service solely in accordance with the Usage Rules, and that any other use of the Products may constitute a ownership infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Boomy reserves the right to modify the Usage Rules at any time.

You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Boomy. Accordingly, in the event that Boomy changes any part of the Product or Service, or discontinues the Product or Service, which Boomy may do at its election, you acknowledge that you may no longer be able to use the Product or Service as prior to such change or discontinuation, and that Boomy shall have no liability to you in such case.

The Service may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Service accessible and viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant Boomy a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to the Product, without any compensation or obligation to you.

Boomy reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time, in its sole discretion, and without liability.

Delivery of Product and Service.

On occasion, technical problems may delay or prevent delivery of your Product or Service, and Boomy reserves the right to discontinue or cancel the Product and Service at any time, without notification. Changes in the Product or Service may also affect your ability to access certain content. You acknowledge and agree that Boomy shall have no liability to you in the case of such delays, changes or cancellations, without exception.

Intellectual Property.

Acknowledgement of Ownership: You agree that the Product and Service, including but not limited to graphic content, audio content, and editorial content, contains proprietary information and material that is owned by Boomy and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to ownership, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Product or Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, and you shall not exploit the Product or Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

Removal of Boomy Content or Other Materials: Notwithstanding any other provision of this Agreement, Boomy and its licensors reserve the right to change, suspend, remove, or disable access to any Products, Service, content, or other materials comprising a part of the Product or Service at any time without notice. In no event will Boomy be liable for the removal of or disabling of access to any such Products, Service, content or materials under this Agreement. Boomy may also impose limits on the use of or access to certain features or portions of the Product or Service, in any case and without notice or liability.

Ownerships: All the materials in the Boomy music service are licensed by Boomy from the owners of the intellectual properties referenced therein. Under the terms of these license agreements, Boomy pays license fees for all the materials subject to the Law.

On Ownership and Related Rights: All the materials are available SOLELY FOR PERSONAL, NON-COMMERCIAL USE. FURTHER DISTRIBUTION, RESALE, BROADCAST OR OTHER USE, EXCEPT AS SPECIFICALLY PROVIDED FOR IN AND BY THE BOOMY PRODUCT AND SERVICE, IS STRICTLY PROHIBITED.

All ownerships in and to the Service and Product, including but not limited to, the Boomy logo, graphics, the compilation of content, postings, links to other Internet resources, descriptions of those resources, the Product’s look-and-feel, iconography, colors, presentation, user interface and user experience, are owned by Boomy Corporation.

All trademarks, service marks, trade names, graphics, company names, slogans, logos, and any other ownership items used in connection with the Service may be trademarks of their respective owners. You are granted no right to copy, distribute or use them otherwise without the prior written consent of the respective owners.

Account Termination.

Account termination by Boomy: If you fail, or Boomy suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to provide Boomy with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Boomy, at its sole discretion, without notice to you, may:

·       terminate this Agreement and/or your Account; and/or

·       terminate the license to the software; and/or

·       preclude access to the Service (or any part thereof)

 

Termination of the Service.

Boomy reserves the right to modify, suspend, or discontinue the Product or Service (or any part or content thereof) at any time with or without notice to you, and Boomy will not be liable to you or to any third party should it exercise such rights.

General Compliance with Laws.

The Service is controlled and operated by Boomy from its offices in the USA. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

Enforcement of These Terms.

Boomy reserves the right to take steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to Boomy’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that Boomy has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Boomy believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Boomy’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

No Responsibility for Third-Party Materials or Web sites.

Certain content, products, services and advertisements available via the Service may include materials from third parties, solely as a convenience to you. In addition, Boomy may provide links to certain third party websites through that content, service, product or advertisement, solely as a convenience to you. You acknowledge and agree that Boomy is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Boomy does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, services and advertisements of third parties.

Disclaimer of Warranties; Liability Limitations.

Boomy does not guarantee, represent, or warrant that your use of the Product and/or Service will be uninterrupted or error-free, and you agree that from time to time Boomy may remove the Product or Service for indefinite periods of time, or cancel the Product or Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Product or Service is at your sole risk. The Product, Service and all products and services delivered to you through the Product or Service are provided “as is” and “as available” for your PRESONAL, NON-COMMERCIAL use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and no infringement.

In no case shall Boomy, Boomy Corporation, or their directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Products or Services, or for any other claim related in any way to your use of the Products or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Product or Service, even if advised of the possibility thereof.

Boomy shall use reasonable efforts to protect information submitted by you in connection with the Product and Service, but you acknowledge and agree that your submission of such information is at your sole risk, and Boomy hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

Boomy does not represent or guarantee that the Product or Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Boomy disclaims any liability relating thereto. You shall be responsible for backing up your own system.

 

Waiver and indemnity.

By using the Product or Service, you agree to indemnify and hold Boomy, Boomy Corporation, their directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the Service, or any action taken by Boomy as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Boomy, Boomy Corporation, their directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Product or Service, or to take any other action during the investigation of a suspected violation or as a result of Boomy’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

Changes.

Boomy reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Product or Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Boomy Product and/or Service following the incorporation of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Notices.

From time to time, Boomy may send you a notice with respect to the Product or Service by sending an email message to the email address listed in your Boomy Account contact information, by push notification to your mobile device, or by a posting on the Boomy website. Notices shall become effective immediately.

Governing Law.

The laws of the USA govern these Terms and your use of the Product and Service. Your use of the Product and Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Boomy or relating in any way to your use of the Product or Service resides in the courts of the USA.

Miscellaneous.

These Terms of Service are integrated with any other specific agreements between you and Boomy constitute the entire agreement between you and Boomy and govern your use of the Product and Service, superseding any prior agreements between you and Boomy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Boomy’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Boomy will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Music availability

The Boomy Service makes every effort to provide a broad music offering. For this reason, Boomy reserves the right to change the music catalogue without notice.

Other Terms and Conditions

Boomy is not responsible for typographic errors.

Boomy reserves the right to change the terms and conditions of the Boomy Product and/or Service at any time. Users are encouraged to review the Terms and Conditions on a periodic basis for modifications.

No Boomy employee or agent has the authority to vary any of the Boomy Product or Service’s policies or the terms and conditions governing any interaction with the Product or Service in the oral form, by means of e-mail or in other way. All changes of Terms of Service of Boomy occur by means of the publication in the corresponding section of the Boomy website.

Boomy Privacy Policy

The Boomy Privacy Policy is a part of this Agreement, the Product and the Service. If you have not already read the Boomy Privacy Policy, you should do so now.

Right to Terminate

We reserve the right to terminate or restrict your use of the Boomy Product and/or Service, without notice, for any or no reason whatsoever.

How Our Streaming Service Works

Boomy is an online interactive music streaming service providing its users with access to interactive music tracks streaming over the Internet to compatible devices. These devices are manufactured and sold by entities other than Boomy.

Boomy reserves the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

© Ownership 2019 Boomy Corporation. All rights reserved.