Welcome to Boolaka, an online
community built for creative individuals to connect to one another and get
projects done. Below are our Terms of Service, please
read carefully and if everything sounds good to you, click “I
accept” and get started with your registration process.
Anyone who accesses Boolaka.com is considered a User. Once you
register, you are considered a “Registered User”. While
registration is not mandatory, certain features of the site are
unavailable to non-registered users.
In
a nutshell – Your job here is to enrich the community through
voting and constructive feedback, share your experiences, meet new
contacts, participate in contests and ultimately create visionary
projects.
We
reserve the right to amend this Agreement at any time without
notice. Any amendments made to this Agreement will be located
on this page. Continued use of this website after such changes
take place constitutes your acceptance of the new Agreement.
USE
OF THIS WEBSITE
These
Terms of Service apply to you and your use of this website.
Our
Website may contain links to third party websites that are not owned
or controlled by Boolaka LLC. We have no control over, and therefore
cannot assume responsibility of, the content or privacy policies of
these third party website. Therefore, by accessing Our Website, You
hereby accept that you have no cause for remedy against Boolaka LLC
for any loss or damage suffered by you from your use of any third
party websites which are linked (either directly or
non-directly) from our website.
It
is your responsibility to check the Terms of Service and Privacy
Policy of any third party website which is linked to this website,
and we do not make any representations to you in respect of the
quality of such third party websites.
By
registering an account with Boolaka.com and / or using the website,
and thereby accepting these Terms of Service, we grant you permission
to use the website as set forth in this Terms of Service, provided
that you use the website for your own personal and non-commercial use
only (save as otherwise may be expressly permitted by Boolaka.com in
writing). You may not copy or distribute any part of the website in
any medium without our prior written consent, which we are under no
obligation to give. If at any point whilst you are a registered user
we have cause to believe that you use the website for any reason
other than as set forth in these Terms of Service, or you
misappropriate or infringe the rights in any of the data, films,
music or information contained in the website, then we reserve our
right to cancel your registration at any point and without any
liability towards Boolaka.com, Boolaka LLC or any of its holdings.
In
order to fully access this website, you must create an account with
Boolaka.com, which shall include your profile information, and such
profile shall be visible to other users as part of the Network
Service ("Profile"). You accept that other registered users
of the website may be able to contact you through Your Profile. You
warrant that you shall only contact other user's through their own
Profiles for reasonable purposes only and you shall not subject any
other user of the website to any form of harassment or offensive
material through your use of the Network Service.
You
may not use, or attempt to use, another person's account without
permission. You warrant to Boolaka.com that when you register your
account, you are providing Boolaka.com with accurate and complete
information relating to You. You are solely responsible for the
activity that occurs on your account (including Your Profile), and
you therefore must keep your username and password safe. We shall not
be liable to you for any loss or damage you may suffer from any
unauthorized use of your account. However, we reserve the right to
hold you fully liable for any loss or damage suffered by Boolaka.com
through any misuse of your account (including Your Profile), either
by you or any third party. In the event that you have reason to
believe your account has been misused, you should contact Boolaka.com
as soon as possible info@boolaka.com.
You
shall not use or launch any automated system (such as, but not
limited to, "robots," or "spiders") to contact
any other users of this website. You further agree that you do not
have the right to collect or use any of the personally identifiable
information belonging to any other person on the Website for any
reason whatsoever, including account or log-in names. You are not
allowed to use any part of this website or any information held on it
for commercial purposes except as maybe provided by these Terms of
Service.
We
reserve the right to delete your account and remove any postings by
you on the website at our sole discretion and without any liability
towards you.
WEBSITE INTELLECTUAL PROPERTY RIGHTS
The
content on the website, including without limitation, the text,
website software, scripts, graphics, graphical layout, photographs,
sounds, music, videos, films, interactive features and the like
("Content") and the trademarks (registered and
un-registered) and any logos contained therein ("Marks"),
are owned by Boolaka LLC or are licensed to Boolaka LLC.
All
Content is subject to copyright and other intellectual property
rights. All Content on the Website is provided to you by Boolaka LLC
on an "As Is" basis for your personal use only and you may
not copy, reproduce, use, distribute, broadcast, sell, license, or
otherwise exploit for any purpose whatsoever any of the Content
without the Content owner's prior written consent.
By
accepting these Terms of Service, you agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of the
films streamed through the Website for any commercial purposes. You
agree not to disable or attempt to disable, or to circumvent or
attempt to circumvent, any security feature used to protect the
Content and/or the website, including but not limited to any digital
rights management system. You further agree not to capture or store
(except in transient form solely in relation to the fair use of the
website under the Terms of Service hereunder) any of the films
available for view on the website on a personal computer or other
hardware storage device, unless such films are your own original
work. As a User of the website, you also agree not to capture or
store (except in transient form solely in relation to the fair use of
the website under the Terms of Service hereunder) any of the website
on a personal computer or other hardware storage device, unless such
is your own original work.
NOTICE AND TAKE DOWN PROCEDURE
You
accept that when using this website, you will be exposed to films
embedded by other users, and where applicable, music uploaded by
other registered users of the website. We are not responsible for the
accuracy or fair use of any intellectual property rights in each film
or music file.
If
you have reason to believe that your intellectual property rights are
being infringed in any of the films and/or music, then your sole
remedy against Boolaka.com or Boolaka LLC is to contact Boolaka LLC
at info@boolaka.com
and by registered mail to our registered office, 1063 Gayley Ave, Los
Angeles CA 90024 and, within a reasonable time of Boolaka LLC
receiving such written notice, We shall at our sole discretion remove
any film or piece of music which (in our reasonable view) contains
infringing material. If you have any documentary or written evidence
of any such infringement, then you agree to supply a copy of the same
to Boolaka LLC as soon as reasonably possible by email and by
registered mail to our registered office in each case.
You
further understand and acknowledge that you may be exposed to other
user's submissions on the website (including as part of the Network
Service), and whilst we attempt to moderate postings and / or user
submissions (including films and music), if you are aware of any
material on the website which is inaccurate, offensive, indecent, or
defamatory ("Objectionable Material") to you, then your
sole remedy against Boolaka LLC is to notify Boolaka LLC at
info@boolaka.com
and we shall, at our sole discretion, remove where possible the
Objectionable Material.
You
hereby waive all rights or remedies you have or may have against
Boolaka.com or Boolaka LLC with respect thereto, and agree to
indemnify and hold Boolaka.com and Boolaka LLC, affiliates, and/or
licensors, harmless against any loss or damage suffered by you from
any infringing material or Objectionable Material.
WARRANTY DISCLAIMER
By
using the Boolaka.com you agree that you do so at your sole risk, and
we make no warranties to you, whether express or implied, as to the
quality of the website and the services provided therein, nor as to
its availability from time to time (for example, should we wish to
cancel any part of the website, postpone it, or make it unavailable
for repair, update or modification). You hereby warrant that you will
hold Boolaka LLC harmless for any loss or damage suffered by you from
the website, or your use of the website. The website and the services
contained therein are provided to you on an "As Is" basis,
and we cannot guarantee the safety of your use of the website in
relation to any so called viruses or "Trojan Horses".
Whilst we take reasonable precautions to protect you, you should
exercise caution when using the Website and ensure that any virus
protection software used by you is up to date and in effect.
You
accept that you may, on occasion, be subjected to some films and/or
music which is not suitable for minors, and whilst we use our
reasonable endeavors to warn you of any submissions which may be of a
violent or pornographic nature, you accept that you access the
submissions at your own risk and liability.
LIMITATION OF LIABILITY
We
(including our directors, employees, agents, associated companies and
any affiliates) shall not be liable to you in any way for any direct
or consequential loss or damage (whether punitive or consequential)
suffered by you in using the Website or caused by the Website and the
services therein.
YOU
SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY USER
SUBMISSIONS OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USERS
ON THE WEBSITE.
INDEMNITY
You
agree to indemnify and hold harmless Boolaka.com, Boolaka LLC, its
directors, employees, agents, associated companies and any
subsidiaries, harmless from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to legal fees) arising from your use of
and access to the website and/or in respect of any breach of these
Terms of Service by you.
You
further warrant to hold Boolaka.com, Boolaka LLC, its directors,
employees, agents and any subsidiaries, harmless from any claim or
loss or damage suffered by Boolaka.com and Boolaka LLC resulting from
that. Any violation by you of these Terms of Service (and any future
version) including but not limited to any violation of any third
party right, including without limitation any copyright, property, or
privacy right and/or any breach of privacy and/or obscenity and/or
libel caused by you.
Your
indemnity obligation will survive these Terms of Service and any use
by you of the website.
ABILITY TO ACCEPT TERMS OF SERVICE
By
clicking the "I Accept" button, you confirm that you are
either more than 18 years of age or if You are below 18 years of age,
you confirm that your legal parent or guardian has understood the
obligations and consents you are giving under these Terms of Service
and that you are fully able and competent to enter into the terms,
conditions, obligations, representations, and warranties set forth in
these Terms of Service.
The
website is not intended for use by any children under the age of [14]
years and you hereby confirm that you are above 14 years of age. If
you are below 14 years of age then you may not accept these Terms of
Service nor use the website. No waiver of any term of these
Terms of Service shall be deemed a further or continuing waiver of
such term or any other term. We reserve the right to amend these
Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your
use of the website following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised terms.