It is important that you read all of these terms of service carefully.
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.
In order to access parts of the Site you will have to create a Boostant account (“Account”). Creating your Account you agree to:
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.
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:
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.
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 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.
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:
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:
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.
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.
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.
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.
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.
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:
Boostant will not be liable for any interruption to the Site and its services, whether intentional or otherwise.
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.