| Premium Subscription | $1.99 |
| Tax 1 % | $0.00 |
| Tax 2 % | $0.00 |
| Tax 3 % | $0.00 |
| Total per month (CAD) | $1.99 CAD |
Last updated: February 1, 2016
Thank you for choosing BoomTune ("BoomTune", "we", "us", "our"). By signing up or otherwise using the BoomTune service, website and applications (herein referred to as "BoomTune Service" or "Service"), you are entering into a binding contract with BoomTune. Your agreement with us includes these Terms and Conditions of Use and our Privacy Policy (collectively referred to as the "Agreement Documents"). You acknowledge that you have read, understood, accept and agree to be bound by the Agreement Documents. If you do not agree with or fully accept the Agreement Documents, then you should not use the BoomTune Service.
Occasionally, we may, at our sole discretion, make changes to the Agreement Documents. When major changes are made, we will provide you with a notice either on the BoomTune website or by sending you an email. In some cases, we may notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes and agreement with the new version of the Agreement Documents. If you do not want to continue to use the BoomTune Service under the new version of the Agreement Documents, you may terminate your account and the Agreement Documents by signing into your account and deleting it via the Account Settings control. If you held an account with Premium Service, you may qualify for a full or partial refund (see Payments, recurring billing cancellations and refunds later in this document).
BoomTune provides a playlist and playlist library service. All multimedia content (herein referred to as the "Multimedia Content") is provided by other service providers. BoomTune does not host or claim ownership of any streamed third-party content accessed by users of the Service. This Service provides users with a simple way to bookmark their favourite web content that is already freely available through third-party websites. It does not provide any way to download the content and it does not charge membership fees for accessing third-party content. Some services are provided to you free-of-charge (currently referred to as the "Free Service" or "Free Subscriptions") while others require payment before you can access them (currently referred to as the "Premium Service" or "Paid Subscriptions").
BoomTune currently offers limited usage of the Service free-of-charge, however, we reserve the right, in our sole discretion, to modify or terminate the Free Service at any time without prior notice and with no liability, to the greatest extent permitted under the law. By using the Free Service, you agree to hold only (1) Free Service account at any given time. Holding multiple Free Service accounts is a violation of the Agreement Documents and will result in removal of the violating accounts without any notice.
BoomTune currently provides unlimited usage of the Service with no restriction on the size or number of playlists through our Premium Service. Premium Service is provided in exchange for a recurring subscription fee either paid monthly or yearly. BoomTune reserves the right to change the availability of the Premium Service. In addition, we reserve the right to modify, suspend or discontinue any Premium Services with or without notice and we will not be liable to you or any third-party service for any such modifications, suspension or termination. In the event that the subscription fee is changed, we will attempt to notify you 30 days in advance by sending you an email. It is your responsibility to ensure your contact information is up-to-date and accurate. Refunds will not be issued in the event that you fail to receive the notification due to your contact information being incorrect. If you cancel your Paid Subscription, or if your subscription to the Premium Service is interrupted (for example, if your recurring payment is not completed successfully), your account will be downgraded to a Free Service account and the limitations and restrictions associated with the Free Service will be applied. You will regain access to all of your Premium Service features once your Paid Subscription is resumed. For example, if you have 20 playlists, each with 30 items, associated with your Paid Subscription, downgrading your account would restrict you to accessing only the number of playlists and playlist items currently allowed for Free Subscriptions. The other playlists and items will remain associated with your account however you will be unable to access them until your Paid Subscription is resumed.
The BoomTune Service is the property of BoomTune or BoomTune's licensors. We grant you a limited, non-exclusive, revocable license to make use of
the BoomTune Service. This license shall remain in effect until and unless terminated by you or BoomTune. We do not grant you any licenses regarding
the Multimedia Content you access while using the Service as such licenses must be between you and the third-party content provider that is providing the
Multimedia Content. You promise that you are using the Service for your own personal, non-commercial use and that you will not redistribute or transfer the
BoomTune Service.
The BoomTune Service is licensed, not sold, to you and BoomTune retains ownership of all copies of the BoomTune applications even after installation
on your personal computers, mobile devices and/or other relevant devices ("Devices").
All BoomTune trademarks, service marks, trade names, logos, domain names and any other feature of the BoomTune brand ("BoomTune Brand Features") are
the sole property of BoomTune or its licensors. The Agreement Documents do not grant you any rights to use the BoomTune Brand Features whether for
commercial or non-commercial use.
Third party software or plugins (for example, open source software libraries) included in the BoomTune Service are licensed to you under the relevant third
party software library's license terms as published in the plugins' or library's source code.
BoomTune integrates third party services by using their associated application programming interface ("API"). These third parties may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand that BoomTune does not endorse and is not responsible or liable for the behaviour, features or content of any of the integrated Third Party Services or for any transactions you may enter into with them.
All Multimedia Content (audio, video, advertisements and all other content) that originates from the embedded third-party content players is provided by Third Party Services. As such, BoomTune will not, and has no obligation to, monitor, review or edit the Multimedia Content or restrict access to any of the Multimedia Content. BoomTune does not endorse any of the advertisements or opinions you may see in the embedded content players. YOU AGREE TO INDEMNIFY AND HOLD BOOMTUNE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF ANY CLAIM RELATED TO THIRD-PARTY CONTENT ACCESSED WHILE USING THE BOOMTUNE SERVICE. ALL CLAIMS MUST BE MADE IN ACCORDANCE WITH THE RELEVANT THIRD-PARTY SERVICE PROVIDER'S TERMS AND CONDITIONS OF USE.
If you provide feedback, ideas or suggestions to BoomTune in connection with the Service ("Feedback"), you authorize BoomTune to use that Feedback without restriction and without compensation to you.
BoomTune respects intellectual property rights and expects you to do the same. By using the Service, you agree to follow these rules.
The following is not permitted in any circumstances:
BoomTune reserves the right to terminate your account with or without notice should you engage in any activity that, in our sole discretion, violates the user guidelines or the Agreement Documents. You also agree that BoomTune can recycle your username in the event of account termination or deletion.
BoomTune does not host, own or claim to own any of the Multimedia Content accessed while using the Service. All Multimedia Content is freely available on the internet from third-party service providers. If you believe that any of the Multimedia Content infringes your intellectual property rights or other rights, we encourage you to contact the third-party service that is hosting the Multimedia Content in question. BoomTune will not accept or handle copyright complaints since the Service is not the source of the Multimedia Content.
BoomTune will make reasonable efforts to keep the Service operational, however, there may be technical difficulties, maintenance or upgrades, from time to time, that result in temporary interruptions. BoomTune reserves the right, periodically and at any time, to modify, disable or discontinue functions or features of the Service both with or without notice and without liability to you. In the event that the Service is permanently discontinued, BoomTune will refund you the Paid Subscription fees for the remaining period after discontinuation.
For customer support regarding your account or payment related questions ("Inquiries"), please contact us by submitting a support ticket. We will use reasonable endeavours to respond to all Inquiries in a reasonable time frame however we make no guarantee or warranties of any kind that they will be responded to within any specific time frame.
Premium Service can be purchased by either (1) paying a monthly subscription fee; or (2) paying a yearly subscription fee. When you register for Premium Service,
you gain immediate access to the Premium Service features. If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full
refund of all monies paid within (14) days (the "Cooling-off Period"), however, note that refunds will not be provided if you have used the Premium Service at any
time during the Cooling-off Period. The Premium Service is considered "used" once you have used features not available to users of the Free Service, for example,
having more playlists than are allowed with a Free Subscription or having more Multimedia Content in a single playlist than is allowed with a Free Subscription.
Refunds are not automatically paid, so, you must contact Customer Support before the end of the Cooling-off Period if you would like to receive a full refund of
all monies paid. Subscription fees are recurring and will automatically renew at the end of the subscription period unless you cancel your Paid Subscription through
your account management page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current
subscription period, and your account will be downgraded to a Free Subscription. Subscription fees you have already paid us will not be refunded if you cancel your
subscription (1) after the Cooling-off Period, (2) during the Cooling-off Period but you have already used the Premium Service, or (3) before the end of the current
subscription period.
BoomTune may change the Paid Subscription price from time to time and we will communicate any price changes to you in advance. Price changes will take effect at
the start of the next subscription period following the date that the price was changed. As permitted by local law, you accept the new price by continuing to use the
Service after the price change takes effect. If you do not agree to the price changes, you have the right to reject the change by cancelling your Paid Subscription
prior to the price change going into effect.
You may terminate the Agreement Documents at any time. The Agreement Documents will continue to apply to you until terminated by either you or BoomTune. However,
you acknowledge and agree that the perpetual license granted to you in relation to Feedback is irrevocable and will therefore continue after expiry or termination of the
Agreement Documents for any reason. BoomTune may terminate the Agreement Documents or suspend your access to the Service at any time, including in the event of
your actual or suspected unauthorized use of the Service or non-compliance with the Agreement Documents. If you or BoomTune terminate the Agreement Documents, or
if BoomTune suspends your access to the Service, you agree that BoomTune shall have no liability or responsibility to you and BoomTune will not refund any
amounts that you have already paid, to the fullest extent permitted under applicable law. This section will be enforced to the extent permissible by applicable law.
Sections 6, 7, 9, 12, 13, 14, 15, and 16 herein, as well as any other sections of the Agreement Documents that, either explicitly or by their nature, must remain in
effect even after termination of the Agreement Documents, shall survive termination.
WE AIM TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE BOOMTUNE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOUR USE OF THE BOOMTUNE SERVICE IS AT YOUR OWN RISK. BOOMTUNE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (ii) INJURIES OR DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF OUR SERVICES (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THOROUGH OUR SERVICES BY AND THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. BOOMTUNE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND BOOMTUNE WILL NOT BE PART TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL BOOMTUNE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BOOMTUNE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The BoomTune service is controlled by BoomTune from its facilities in Canada and offered through servers located in the United States of America. BoomTune makes
no representations that the Service is appropriate or available for users outside of Canada. Those who access or use the Service from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
BoomTune may assign the Agreement Documents or any part of them , and BoomTune may delegate any of its obligations under the Agreement Documents. You may not assign the Agreement Documents or any part of them, nor transfer or sub-license your rights under the Agreement Documents, to any third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless BoomTune, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Agreement Documents; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content that you are responsible for caused damage to a third party. This defence and indemnification obligation will survive these Agreement Documents and your use of the Service.
If you have any questions about BoomTune or the Agreement Documents, please contact customer service using the "Contact Us" link that can be found at the bottom of the homepage.
