Boomeo Website Terms of Use

ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED BY IMG ESPORTS, LLC AND OUR PARENTS, SUBSIDIARIES AND AFFILIATES, IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

1. Acceptance

www.boomeo.com (the “Website”) is a website operated by IMG Esports, LLC. IMG Esports, LLC is a limited liability company based in New York at 11 Madison Avenue, Seventeenth Floor, New York, New York 10010. By visiting and using the Website provided by IMG Esports, LLC and our parents, subsidiaries and affiliates (collectively “IMG Esports” “we” or “us”) you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms of Use”), the IMG Esports privacy policy (the “privacy policy”) and the IMG Esports cookies policy (the “cookies policy“) incorporated herein by reference. Where permitted by local law, IMG Esports reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By visiting and using the Website, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. We recommend that Website users review the most up-to-date version of the Terms of Use periodically. We do not guarantee that the Website, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. The materials provided on the Website are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.

You must be at least 18 years of age to access or use the Website. If you are accessing or using our Website on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms of Use.

2. Personal Information

The personal information you submit to IMG Esports and which is collected from you is governed by the IMG Esports privacy policy and cookies policy. To the extent there is an inconsistency between these Terms of Use and the privacy policy and/or cookies policy, the privacy policy and/or cookies policy as applicable shall govern. You are responsible for providing information that is accurate, current and complete. If you provide information that is not accurate, current or complete, or if IMG Esports has reason to believe that information you provided is not accurate, current or complete, IMG Esports has the right to prohibit you from any and all future use of the Website.

3. Use Restrictions

The content on the Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from IMG Esports licensors, and other materials (the “Contents”) is protected by intellectual property rights under both United States and foreign laws. Ownership of the Contents – in other words, ownership of all intellectual property rights in such Contents – remains with IMG Esports or our licensors. All rights not expressly granted herein are reserved to IMG Esports and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as otherwise stated herein, you may not, without IMG Esports’ written permission, “mirror” any Contents contained in the Website or any other server and you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Contents other than as expressly authorized by IMG Esports, LLC in writing. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.

IMG Esports authorizes you to view and download a single copy of the Website and Contents. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2017, IMG Esports, LLC. All rights reserved”. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. IMG Esports reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice. If, for any reason, you create any derivatives, modifications or improvements to the Contents (“Derivatives”), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights”) vest in IMG Esports immediately upon creation. You hereby assign to IMG Esports with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by IMG Esports or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.

4. Submission of Ideas

The Website may allow you to create, post, store, and share content, including messages, text, questions, photos, video and other materials (collectively “User Content”). Except for the license which you grant below, you retain all rights and to your User Content, as between you and IMG Esports.

You agree to ensure that all User Content: complies with all applicable laws; is not defamatory, offensive, immoral, violent or pornographic; and does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Service. You warrant that all User Content complies with these requirements.

Any User Content you upload will be considered non-confidential and non-proprietary.

You retain all of your intellectual property rights in your User Content but you hereby grant to IMG Esports an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to exercise all intellectual property rights in your User Content including to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you submit, post or otherwise share User Content on or through the Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that use by IMG Esports or its licensees of your User Content will: (a) not infringe the intellectual property rights of any third party; (b) not be defamatory; (c) not disclose an individual’s personal data or (d) otherwise infringe the rights of any third party. For the avoidance of doubt, we may also use your User Content as part of any advertising and promotional material related to New York Fashion Week, other fashion events and/or the App or associated websites and social handles. We also have the right to disclose your identity to any third party who is claiming that any User Content uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy or is defamatory to that third party. We will not be responsible, or liable to any third party, for the content or accuracy of any User Content uploaded by you or any other user to our Service.

All User Content, may be deleted unread or destroyed, at IMG Esports’ discretion.

The views expressed by other users on our Service do not represent our views or values.

You are solely responsible for securing and backing up your User Content.

5. Hyperlinks

from the Website The Service may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, applications and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). IMG Esports does not investigate, monitor, control or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.

IMG Esports is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Service. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Service does not indicate IMG Esports’ approval or endorsement thereof. If you choose to leave the Service to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third Party Pages or Third-Party Applications please read their contractual terms carefully before making such purchase. Remember, your contract for those goods or services will be with that third party and not with IMG Esports.

When you use Third Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third party’s privacy policy. Some of the links included on our Service might be affiliated links. These links may result in IMG Esports receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.

6. No Reliance on Information

The material and Contents on the Website are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although IMG Esports makes reasonable efforts to update the information on the Website, IMG Esports makes no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Website is accurate, complete or up-to-date.

7. Liability of IMG Esports and Its Licensors and Partners

The use of the Website and/or the Contents is at your own risk. The Contents of the Website could include technical inaccuracies or typographical errors. IMG Esports may update the Website and/or may change the Contents at any time. However, please note that any of the Content on the Website may be out of date at any given time, and IMG Esports is under no obligation to update it. IMG Esports does not guarantee that the Website, or any of the Contents on it, will be free from errors or omissions. Subject to applicable law, IMG Esports will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Website, or use of or reliance on any Contents displayed on the Website. IMG Esports will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 Contents on it, or on any website linked to it. Except as otherwise expressly permitted herein, you agree not to use the Website for any commercial or business purposes, and subject to applicable law IMG Esports have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Website. To the extent permitted by applicable law, IMG Esports exclude all conditions, warranties, representation or other terms which may apply to the Website or any Contents on it, whether express or implied. Nothing in these Terms of Use excludes or limits IMG Esports’ liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

8. Indemnity

You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by IMG Esports as a result of your use of the Website or Contents other than as permitted under these Terms of Use. You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms of Use.

9. General

IMG Esports makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Website and Contents may not be legal by certain persons or in certain countries. If you access the Website and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of IMG Esports and its Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, Viruses, Trade Marks, Applicable Laws, Waiver and Severability and Complete Agreement.

10. Applicable Laws

Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and IMG Esports hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.

11. Waiver and Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12. Notice and Take Down Procedures

If you believe the Contents (or any part thereof) accessible on or from the Website infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Website by contacting IMG Esports (address identified below) and providing the following information: 1. identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; 2. identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content; 3. your name, address, telephone number, and (if available) email address. 4. a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law; 5. a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner; 6. a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.

Our address for intellectual property rights issues relating to the Website is as follows: IMG Esports Attn: Debra Shuwarger 9601 Wilshire Blvd. Beverly Hills, CA 90210 [email protected]

In an effort to protect the rights of intellectual property rights owners, IMG Esports maintains a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.

13. Trade Marks

Unauthorized use of any IMG Esports trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.

14. Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. IMG Esports will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

15. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of IMG Esports on the Website, these Terms of Use, including the IMG Esports privacy policyand cookies policy, constitute the entire agreement between you and IMG Esports with respect to the use of the Website and Contents.

16. Contact Us

To contact us, reach out via our support or email [email protected].