These General Terms and Conditions (the "Terms of Service", "TOS" or "Agreement") set forth the legal terms and conditions governing your use of the the services, features, content, website located at www.baboomz.com and the related mobile application referred to as "Baboomz" (collectively referred to herein as the "Site"), operated by Kulture Marketing Limited (hereafter “we”, “our”, or “us”) (hereafter, collectively referred to as the “Services”).
Some of the App and/or the Services may be subject to additional terms and conditions specified by us from time to time; your use of such App and/or Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the App and/or Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
In order to be eligible to use the Services, you warrant and undertake that:
We may, in our sole discretion, refuse to offer or cancel access to the App and/or Services to any person or entity and change the eligibility criteria for access to the App and/or the Services at any time. The Services are offered only for your and your child use, and not for the use or benefit of any third party.
For the purposes of the Terms of Service, the term “Content” includes, without limitation, information, data, text, images, videos, audio clips, written posts and comments, software, sounds, scripts, graphics, messages, tags, comments, interactive features, and any content generated, posted, transmitted, distributed or otherwise made accessible on or through the App and/or the Services, and which may be shared through third party applications.
It is important that you read and understand the Terms of Service before using the Site. If there is anything within them that you do not understand, then please contact us at email@example.com to discuss what this means for you.
The App, the Services and the Content are our property or the property of our licensors. We grant you limited, non-exclusive, revocable permission to access the Services, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, entertainment purposes (“Access”). Your Access shall remain in effect until and unless terminated by you or us. You promise and agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Services or the Content.
The software applications contained within the App and Services are not sold, to you, and we and our licensors retain ownership of the Content and the App even after the App is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All of our trademarks, service marks, trade names, logos, domain names, and any other features of our brand (including but not limited to the Baboomz name and branding) (“Baboomz Brand Features”) are our sole and exclusive property. These Terms of Service do not grant you any rights to use any Baboomz Brand Features whether for commercial or non-commercial use.
We are committed to providing enjoyable Services. We therefore ask all of our users to comply, and abide by the following guidelines.
You warrant and undertake that you will comply with all laws, statutes, and regulations in your use of the App and/or the Services. You agree that we may, in our discretion and without notice or liability to you, terminate or suspend your use or access to the Services and any software or applications associated therewith if at any time, we believe in good faith that:
In the event that we terminate or suspend your account in accordance with the Terms of Service, you acknowledge, and agree, that we shall be under no obligation to refund any amounts which you have already paid, to the fullest extent permissible by law.
The App may allow for users to post, upload, and/or contribute Content to the Services. By posting, uploading, displaying or otherwise communicating any Content using the App and/or the Services you warrant and represent that you own and control the rights in any such Content you make accessible, or are otherwise authorised to post, upload, display or communicate such Content and that such Content shall not violate or infringe upon the intellectual property (including without limitation copyright), publicity, personality, or other rights of any third party or imply any affiliation with or endorsement of you or your Content by us or any artists, band, label, entity or individual without express written consent from such individual or entity.
By submitting or uploading Content through the App and/or the Services you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, and transferable licence to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the App and/or the Services and our (and our successors’ or assignees’) businesses, including without limitation for promoting and redistributing part or all of the App and/or the Services (and derivative works thereof) in any media formats, and through any media channels (including, without limitation, third party Apps and feeds), and including after termination of your access to the App / and or the Services, excluding solely any licensing for third party commercial use.
You also hereby do and shall grant each user of the App and/or the Services a non-exclusive, perpetual licence to access your Content through the App and/or the Services.
For clarity, the foregoing licences do not affect your other ownership or licence rights in your own Content, including the right to grant additional licences to your Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licences to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity right, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
You acknowledge that we do not guarantee the accuracy, reliability, authenticity or quality of Content posted on, uploaded to, or otherwise made accessible through the App.
You acknowledge that we in no way guarantee that any Content will be made available on the App or through the Services. We reserve the right to, but do not have any obligation to, i) remove, edit or modify any Content in our sole discretion, at any time, and for any reason whatsoever without notice to you, ii) to remove or block any Content from the App and/or the Services.
You acknowledge the App and/or the Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, and laws.
In addition to the aforementioned, you undertake and agree to comply with the following Rules of Conduct:
Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. You agree that you will not provide any false information to the Site, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and/or device so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. Kulture Marketing Limited may, in its sole discretion, and at any time, with or without notice, terminate your password, account and all created Profile, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
LICENSE TO THE SITE
Kulture Marketing grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your & your child personal use only, provided that you comply fully with these TOS. You shall not interfere (or permit the use of your membership by a third party to interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.
TRADEMARKS, COPYRIGHTS & RESTRICTION
The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the "Material") that relates to the Site (other than and except for "User Content" as defined herein) are owned by or licensed by Kulture Marketing Limited or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Kulture Marketing Limited, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Kulture Marketing Limited or such third party that may own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Kulture Marketing Limited will aggressively enforce its rights to the fullest extent of the law. Kulture Marketing Limited may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.
THIRD PARTY SERVICES
The App and/or the Services may permit you to link to other third party apps, services, or resources on the Internet, and other apps, services, or resources may contain links to any third party services. When you access third party resources on the Internet, you do so at your own risk. You acknowledge and agree that these other resources are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions accuracy, legality, appropriateness, or any other aspect of such apps or resources. The inclusion of any links does not imply our endorsement or any association between us and the operators of the end site accessible by such links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such app or resource.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
ACCOUNTS AND SECURITY
Your account is password protected and you are solely liable for keeping your/your child password and any information submitted by you confidential. As part of the Terms of Service, you agree to keep, at all times, any and all information submitted by you and your account information accurate, true and complete. You will not, under any circumstance, select or use an email address of another person with the intent to impersonate that person, or use a name, subject to the rights of any other person, without their authorisation.
You acknowledge and agree that you will remain solely liable for any and all activities which occur under any accounts created by you for your use, even if such activities were not committed by you. You acknowledge and agree that we are not responsible for any loss or damage as the result of someone else using your account or password without your knowledge. If you username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us as soon as possible and change your password.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
We will use all reasonable endeavours to provide you with an enjoyable experience with respect to your use of the App and/or the Services. Notwithstanding the foregoing, you understand and agree that the Services are provided “as is” and “as available” without any express or implied warranty or condition of any kind.
To the maximum extent permissible by law, you hereby release us and each of our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers and licensors from any and all implied warranties including without limitation, implied warranties of title, quality, performance, merchantability, fitness for a specific purpose and non-infringement.
YOU SHALL USE THE SERVICES AT YOUR OWN RISK.
We will not be responsible or liable for any delays, deletions, failed delivery or failure to store any data, information or Content which you provide for display on the App or through the Services or for transmission through the use of any of the App and/or the Services. You acknowledge that the entire risk arising out of your use of any of the App and/or the Services remains with you to the maximum extent permissible by law.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any software and to stop using the Services.
You further agree that, to the fullest extent allowed by law, in no event shall we, our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for:
We are committed to making the use of our Services an enjoyable experience for all users so please be considerate of any information you make public through the Services including any Content.
We hold no responsibility with respect to any information made publicly available by you, including anything you upload, post, email, transmit or otherwise make available through the Services.
You hereby agree to indemnify and hold us, our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers, and licensors harmless against any claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) arising out of:
We will make reasonable efforts to keep our Services and App operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the App and/or Services.
We reserve the right, at any time, to modify or discontinue (whether temporarily or permanently), functions and features of the App and/or the Services (whether in part or in whole) without further notice or liability to you. You understand and agree that we shall have no obligation to maintain, support or upgrade the App and/or Services or to provide any specific content through the App and/or the Services.
JURISDICTION AND DISPUTE RESOLUTION
The Terms of Service shall be governed by the laws of New Zealand and you and us (collectively, the “Parties”) submit to the exclusive jurisdiction of the courts of New Zealand in resolving any disputes, claim or controversy which arise from these Terms of Service.
Any dispute or difference arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days from the date upon which the dispute arises then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.
You hereby acknowledge and agree that these Terms of Service are reasonable and necessary to protect us, the App, and the Services and that we would be irreparably damaged if you do not comply with the Terms of Service. You hereby agree that we shall be entitled, without bond, security or proof of damage, to appropriate equitable remedies with respect to your breach of these Terms of Service, in addition to any other remedies to which we are entitled to under all applicable laws.
ENTIRE AGREEMENT AND SEVERABILITY
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the fullest extent permitted by law.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer, delegate any of our rights and obligations hereunder without consent and/or notice to you.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registering mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to [firstname.lastname@example.org]
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any part of the Terms of Service. You recognise and agree that waiver of compliance in any particular instance does not mean in any way that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of and consent to such waiver through one of our authorised representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not have any effect on the interpretation of such term.
Address [ Po Box 8993 Symonds Street, Auckland, 1150 ] Email [email@example.com]