Terms and Conditions

It is important that you read all of these terms of service carefully.

About Us

Last updated: 21.11.2012

Boostant (“we” or “us”) provides the website (in these terms we call this site and any tools and services provided by Boostant for use with the site, the “Site”) to you subject to these terms and conditions of use (“Terms” or “Agreement”). Please, read the document carefully before using the Site. By using, accessing or just browsing the Site and its services, you agree that you have read and agree to this Agreement and all terms and policies incorporated by reference in this Agreement. If you do not agree with any provision of these Terms, you may not use or access the Site. Our customers and any person to whom customers provide access to their Boostant account are called “Subscribers”. Customers who produce and publish promotions via the Site are called “Sponsors” and persons who participate in promotions are called “Entrants”. In these Terms all users, who use the Site (whether they are Subscribers, Sponsors or Entrants) are called “Users”. Boostant may in its sole discretion, modify or update these Terms and all related terms and policies from time to time, and so you should review this page periodically.When we change the Terms in a material manner, we will update the ‘last modified’ date at the top of this page. Unless otherwise specified, any changes or modifications will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. If you do not agree with the changes, you must stop using the Site. Please, contact us with any questions regarding these Terms.

Account

In order to access parts of the Site you will have to create a Boostant account (“Account”). Creating your Account you agree to:

  • provide accurate and complete information (“Registration Data”);
  • keep your account password secure;
  • keep accurate and complete Registration Data and any other information you provide to Boostant;
  • accept all risks of unauthorized access to Registration Data and any other information you provide to Boostant.

You are solely responsible for the activity that occurs on your account and all charges incurred by your Boostant account. You are not allowed to use anyone else's Account without their permission. If you feel that the security of your Account has been breached or accessed without your permission, you are responsible for notifying Boostant immediately. Personal information you provide to Boostant is governed by the Privacy Policy and applicable laws related to personal information.

Privacy Policy

If we ask you for personally identifiable information, we will tell you how we intend to use it. If not otherwise specified, we will only use this information to contact you about our and our partners’ offerings and services and new Site features. We will not share your personal information with third parties without your permission, except where required by law or in connection with a sale of the business. To learn more about Boostant’s privacy policy, please visit our policy page.

Intellectual Property Rights

The content on the Site, including without limitation, the text, scripts, software, graphics, interactive features, pictures, photos, music, sounds, videos and the trademarks, service marks (“Marks”), logo and other files is called “Content”. Content provided by Users is called “User Content”. Both Content and User Content are either owned by or licensed to Boostant or the Sponsors and are subject to copyright and other intellectual property rights. User Content remains the property of the User. Boostant’s rights to User Contest described in “User and Entrants Rights” section and Section 16 of these Terms. All Marks, company names, product names mentioned in the Site are the property of their owners. Boostant is not responsible for User Content. Boostant does not have responsibility or liability for any loss or damage your User Content may cause to you or other people. We reserves the right to remove any User Content posted, uploaded or stored on the Site without notice or explanation in our absolute discretion at any time.

The Site or user Content may contain links to third party websites, services, products or other information but it does not mean endorsement or recommendation by Boostant.

As the process of backup data depends on equipment, software and services over which we have limited control, you acknowledge and agree that you are solely responsible for making copies of any User Content you post or store on the Site.

User and Entrants Rights

As mentioned above, Boostant does not claim any ownership rights in your User Content. At the same time we need the right to use your User Content to operate the Site and provide services now and in the future. For example, if a Subscriber creates promotion and requests us to collect certain data or information using it on its behalf, we require your permission to use data or the information in the operation of the Site. Hence, by posting, publishing or uploading User Content, you:

  • affirm, represent and warrant that:
    • you own or have the necessary licenses, rights and permissions to use and authorize Boostant to use the User Content, information and data that you post and permit us to collect;
    • the use, posting, display or any other transmission of the User Content does not violate these Terms and will not violate any rights of any person or entity.
  • grant Boostant a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicenseable and transferable right to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, publicly display, and publicly perform the User Content on the Site for any purpose necessary or relating to the Site, its services, products, advertising or Boostant’s (and its successors and assigns) business;
  • grant any User of the Site a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform the User Content as permitted through the functionality of the Site;
  • you grant us a non-exclusive, royalty-free, transferable right to sublicense the User Content to other Users or third-parties for their use in connection with their use of the Site if the User Content is intended to be used by other Users or third-parties.

All licenses from you are non-exclusive because you remains the owner of the User Content and have rights to use it elsewhere. They are royalty-free means that we may use the User Content without the requirement to make payment to you or any third party They are transferable as we need the right to transfer licenses to any successor operator of the Site.

The Site

Boostant grants you a personal, limited, non-transferable and non-exclusive right and license to access and use the Site, its services, tools and capabilities only for your personal use and/or to promote and advertise your own business and the businesses of your customers. You agree that you may not sell, assign, sublicense, redistribute, resell, or otherwise transfer any right in our Site unless that activity is expressly permitted or required by law or has been expressly authorized by Boostant in writing.

Using the Site is subject to these Terms and specifically conditioned upon the following:

  • you will not copy or distribute any part of the Site in any medium without Boostant’s prior written authorization;
  • If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein;
  • you may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose;
  • you may not to use or to launch any automated data gathering system, including without limitation, “robots”, “spiders”, “offline readers”, etc.;
  • you will otherwise comply with the terms and conditions of these Terms.

You may not use the Site or the Content other than for its intended purpose.

Boostant may revoke the licence, described in this section, at any time. You represent and guaranty that you use of the Site and the Content will be subject to this license and will not violate any law or infringe the rights of any third party. Please, contact us If you want to request any rights to use the Content not included in this license.

Copyright Claim

Boostant respects the intellectual property of others, and we ask you to do the same. Without any limitation, it is Boostant’s policy to respond promptly to claims of copyright infringement, to remove, or disable access to infringing material and to terminate use of the Site and its services, or take other appropriate action, against repeat infringers. If we remove or disable access in response to such actions, we may notify the owner or administrator of the affected site or content.

If you are a copyright owner or agent of copyright owner and believe that the Content on the Site or anything else has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

  • the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Code of Conduct

You agree that you will not publish, upload, transmit, store, create or make available in any way the Content or use the Site if it falls under any of the following items:

  • infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
  • contains software viruses, corrupted files, "Trojan Horses" or any other computer code designed to interrupt, destroy, limit the functionality or reduce performance of any computer software or hardware or any other equipment;
  • is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
  • engages in “spamming”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Boostant;
  • posting adult Content on any promotion, unless the posting of such adult Content is permitted by the Official Rules;
  • constitutes, encourages or provides instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • unsolicited promotions;
  • promotion entries or content that violates these Terms or the rules and policies supplied by the promotion Sponsor;
  • collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  • requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
  • is harmful to minors in any way;
  • in the sole judgement of Boostant, may expose Boostant or its affiliates or its users to any harm or liability of any type.

In case of violation if the foregoing, any use of the Site and its Services may result in, termination suspension of your rights to use The Site.

Security of Service

We try to maintain the Site, its services, any data, stored in the Site and all related infrastructure reliable and secure. However, no system is absolutely secure or reliable and the Internet is a weakly secure environment. Hence, the reliability of hosting services, Internet agents, your Internet service provider, and other service providers cannot be assured.When you use the Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Subscribers who choose to provide credit card information on this Site accept these risks to the security of that credit card information.

Third party Content

We may include links to third party sites or information about third party products or services, and the Site and/or Promotion content may contain third party software, components or features. Boostant has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any third party's websites or services. Besides, we are not able to censor or edit the third party content. Thereby, you acknowledge and agree that Boostant is not responsible for any such third party content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such third party content. You use links to third party sites, and any third party content or service provided there at your own risk. You expressly relieve Boostant and its affiliates from any and all liability arising from your use of any third party website or service.

The inclusion of any third party content on the Site does not imply Boostant’s affiliation to the provider of such third party content or its endorsement of such third party content.

You should review and read the terms and conditions and privacy policy of each third party's website and service that you access.

Promotions and Media

Sponsors distribute Promotions and other media utilizing tools/services offered on the sites and Entrants and Users may enter or engage with such promotions and media. If you are an Entrant or User, you acknowledge and agree that Sponsors are responsible for promotions and media distributed through the Site and for ensuring that such promotions and media comply with all applicable laws, rules, and regulations. If you enter a promotion, it is your responsibility to review the official rules of the Promotion including any applicable privacy policy, these Terms, and any additional information or links provided in the Sponsor's terms of use. You are required to agree to the Sponsor's Official Rules including all linked terms, conditions, and policies BEFORE entering any promotion. You acknowledge that Boostant is not responsible or liable for the failure of any Sponsor (or any third party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion. You acknowledge and agree that Boostant does not sponsor, administer or endorse, and is therefore not liable for, the content of any promotion or media distributed through the Site. Sponsors may require you to provide personally identifiable information in order to participate in a certain promotions. If you choose to provide personally identifiable information, you acknowledge and agree that Boostant may also use any information you provide consistent with Boostant's Privacy Policy and these Terms. You acknowledge and agree that Boostant is not responsible or liable for Sponsor's use or distribution of information you provide. To understand, how each Sponsor uses your personal information please see each Sponsor's promotion rules and privacy policy for details. You further agree to hold harmless Boostant and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service. Your agreement to hold us harmless includes, without limitation, all of your claims related to the posting or removal of Content, User Content, or entries to or from the Site.

Warranty Disclaimer

THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES FROM BOOSTANT OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOOSTANT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BOOSTANT DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, EFFICIENT, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. We do our best to make your access and use of the Site safe, but we do not represent or warrant that the Site or any Content are free of bugs, viruses, Trojan horses, or other harmful components which may be transmitted to or through the Site or its services.

Limitation of Liability

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST BOOSTANT, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, to the full extent as permitted under law, neither Boostant nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, expense, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Boostant or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions of the site, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Boostant or any other Released Party's records, programs or Services.

Termination/Modification

Notwithstanding any provision of these Terms, Boostant reserves the right, with and without notice and in its sole discretion, without any notice or liability to you, to:

  • terminate your right to use or access the Site, or any part thereof (even though termination may affect your ability to participate in any Promotion);
  • block or prevent your future access to and use of all or any portion of the Site or Content;
  • change, suspend or discontinue any aspect of the Site or Content;
  • impose limits on the Site or Content.

Boostant will not be liable for any interruption to the Site and its services, whether intentional or otherwise.

Miscellaneous

If any provision of these Terms of Service is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Service and the other provisions shall remain in full force and effect.

Boostant may assign these Terms of Service and your Account to any third party in its sole discretion.

You may not assign or otherwise transfer your rights or obligations under this Agreement without the prior written consent of Boostant.

These Terms constitute the entire agreement between you and Boostant regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Boostant regarding your use of the Site.

The section titles in these Terms are for convenience only and have no legal or contractual effect.