Terms of Service
These Terms of Service constitute a binding agreement between you and the operators of Bomplay.com regarding the use of the site located at the electronic address: https://www.Bomplay.com.
The Terms of Service may be modified from time to time, without prior notice to the user. It is your responsibility to regularly check the service and periodically review these Terms of Service. Continued use of the service constitutes your agreement with all revisions.
By accessing the service you guarantee that you are at least 13 years old, have reached the legal age determined by the law that governs your country to view the material presented on the site, that you are accessing the service from a place where the content of the service is legal and permitted, and that you will not allow anyone else to access the Service if you are not allowed to do so. Access to the materials provided by this service from jurisdictions where its content is illegal is prohibited.
The use of the service provided by Bomplay.com by persons under the age of 13 years can only be done under the guidance and supervision of parents and / or guardians.
Provision and Modification of Service
You may, in accordance with the Terms of Service, view the content provided through the Service and, to the extent permitted by Bomplay.com, download content or portions of the content provided by the service to a single personal computer or other storage device. You may not copy, distribute, or perform the content of the service, or create derivative works with such content.
You may, in accordance with the Terms of Service, upload content, store uploaded content, and share uploaded content through the relevant features of the Service.
You understand and agree that the Service is provided to you as it is and as available. Bomplay.com disclaims all responsibility and liability for the availability, punctuality, security or reliability of the Service or any resources or software included in the Service.
Bomplay.com disclaims any responsibility or liability for acts or omissions of third parties whose services, software, content or publicity may be used in connection with the resources provided by the Service, and you agree that Bomplay.com will not be responsible for any such services, software, content or advertising of third parties that may be presented at Bomplay.com.
Bomplay.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice. The service may be subject to interruptions, caused by Bomplay.com or others.
You agree that Bomplay.com will not be responsible for any modification, suspension, interruption or discontinuance of the service and that the service provided by Bomplay.com until the date of elaboration of these Terms continues receiving the necessary updates and the addition of new functionality for a better user experience.
Conditions of Use of the Service
Bomplay.com grants you the permission to access and use the service, as set forth in these Terms of Service and in return you represent, warrant and agree that:
1.You will access and use the service only for your own personal use;
2. You will comply with all applicable laws and regulations in the use of the Service and any content of the Service;
3. You will not use the Service in any way that is unlawful or for any illegal purpose in any way that could damage, disable, overburden, or impair the service, or in any way that may be inconsistent with these Terms of Service;
4. You will not use any automated system, software or device to use the service or obtain content or information from the Service;
5.You will not use any automated system, software or device to generate or send unsolicited communications to any user or others who are on or off the Bomplay.com video platform from or through the Service;
6. You will not collect personally identifiable information including, without limitation, account, names or e-mail addresses from the Service or use the communications systems provided by the Service for the purpose of sending any commercial request, except as expressly permitted by these Terms of Service;
7.You will not upload, post or transmit any material that contains software viruses or any other computer code designed to interfere with the operation of the Service or any other software or hardware or telecommunications equipment;
8. You will not disrupt or interfere with any aspect of the security service, or attempt to do so.
9. You will not alter or modify any content or component of the Service, except the content you have uploaded using the service;
10.You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using a Service) or any component of the Service, or any use or access to any Service, without the prior written permission of Bomplay.com.
Warranty on Service Use and Monetary Transactions
Bomplay.com guarantees to the user the functionality of the service as presented, as well as any and all information that may become necessary and that has as objective to prove the efficiency of the operations that involve the monetary transactions occurred within the content platform , media and entertainment located at the electronic address https://www.Bomplay.com according to the purpose that is intended according to the following definitions:
The currency used in this platform of videos and entertainment Bomplay.com linked to the system of payments and receipts PayPal can be changed at any time with previous notice and without prejudice to the user is the USD. This convenience procedure is intended to facilitate the use of the website in all parts of the world where its use is legal, permissible and acceptable.
Users can through the system of payments and receipts linked to the site Bomplay.com (PayPal) add or withdraw funds according to the characteristics pertinent to the use of the service where this procedure is available and if necessary.
The PayPal payment system linked to Bomplay.com will automatically convert the currency between the currency in the country in which the Bomplay.com video and entertainment platform is being accessed by the user in the currency USD ( US dollar) used within the site Bomplay.com according to the characteristics of the system PayPal payment manager and receipts that the user confers at the moment of the transaction.
Bomplay.com guarantees to the user the payment regarding the monetization of content on the channel of the user on a monthly and periodic basis and the user can withdraw funds from his portfolio Bomplay.com directly to his PayPal wallet at any time after the minimum withdrawal threshold has been reached.
At the moment, the minimum limit for the withdrawal of funds from the Bomplay.com wallet to the PayPal wallet of the user can be changed at any time with prior notice to the user is set at USD 50 (fifty US dollars), the user of the service Bomplay.com can not change this limit until there is a decision by the operators and administrators of Bomplay.com to make available options that allow this change to be made by the user.
The minimum limit to add funds in the Bomplay.com wallet through the user’s PayPal wallet can be changed at any time with prior notice to the user is set at USD 1 (one US dollar), the user of the Bomplay.com service you can not change this limit until there is a decision by the operators and administrators of Bomplay.com to make available options that allow this change to be made by the user.
Bomplay.com guarantees to the user of the platform of videos and entertainment Bomplay.com in any place of the world where the use of this service is legal, allowed and acceptable and being used, the monthly payment and recurring of the gains obtained by monetizing content on the user channel over any and all internal and external ad serving according to the following earnings settings:
The user of the Bomplay.com service can make and make available internal announcements through own options for this purpose made available in the user options menu to be displayed inside the video player once per view before the video starts protected the right to all users skipping the ad after a few seconds of viewing across the Bomplay.com video and entertainment platform.
When activating the content monetization option, the internal ads can be displayed by adding the values referring to monetization to the balance of the account in the user’s Bomplay.com portfolio.
Currently, the values established for the monetization of content in the user channel with the display of internal ads created by other users can be changed at any time with prior notice to the user is set at CPC = USD 10/1000 (ten US dollars) for every 1000 ad clicks and CPM = $ 5/1000 (five US dollars) for every 1000 ad views in the player of the videos that are in the user channel where the monetization option is enabled.
Bomplay.com guarantees the payment related to the earnings by means of monetization of content on the internal ads to the user of the channel where the monetization option is activated by crediting the respective values in the portfolio of currencies Bomplay.com and these values can be withdrawals (withdrawals) daily directly to the user’s PayPal wallet as long as the minimum withdrawal limit has been reached.
Bomplay.com encourages users to contact us in a formal and written manner and this contact may be via e-mail with the partner stores GearBest and Amazon to request affiliation and express written authorization for the use of the promotional videos of display of products to use in house ads, in this way, the user can create affiliate links to earn commission on the sale of products through the tool ‘Create / Edit Advertisement’ and display across the Bomplay.com video and entertainment platform. maximizing your earnings.
Commissions earned on the sales of GearBest and Amazon partner store products that are generated by the user through the use of internal ads or inclusion of the affiliate link in the user’s own and original video’s description of the video are exclusive of the user, inclusion of these links in videos imported from other video platforms that are not owned by the user is not allowed.
The payments of commissions on the sales of products of these respective stores will happen between the store and the user through the account of affiliate created by the own user without interference of Bomplay.com and being the user with 100% of the totality of these gains.
Bomplay.com guarantees to the user the payment in the form of electronic transfer because of the participation of profits in the fraction of 50% of all the net revenue obtained with the network of external advertisers that are displayed in all the pages of the channel of the user , these being the pages generated from the upload of own video made by the user or video sharing (video import option) for the videos that the user is importing from other platforms of videos for dissemination and engagement within the channel of the user crediting the values obtained during the month in the coin portfolio Bomplay.com on a monthly and recurring basis and the user can withdraw the values at any time since the minimum withdrawal limit is reached.
Monetary Donations (Support this Channel Button)
Bomplay.com guarantees to the user the payment of 100% of all the monetary value obtained by the user that in some way captivate the visitors of the channel or other users and receive of these, financial support through the button ‘Support this channel’ providing the resource required for these values to be transferred by the channel supporter directly to the user’s PayPal wallet where the viewing of content is happening according to the characteristics of the service itself.
Bomplay.com guarantees that there is no limit of earnings for the monetization of content nor for the values that the user can receive through financial support coming from channel visitors or other users, being able to the user according to its own popularity in your social networks and people sharing and reach activity aiming the engagement of content upado or imported for your channel to achieve high gains in short time without ceiling limit.
Profit Sharing for Investor Supporters (CROWDFOUNDING)
The currency for the investment table and return forecast on the Bomplay.com video platform is the BRL (Brazilian real), and the amounts referring to the return on investment can be paid in BRL (Brazilian real) by bank transfer ( DOC or TED) for supporters investors residing in Brazil or who have a bank account in a Brazilian-based bank branch, or converted to USD (US dollar), through an express manifestation of the desire to receive the return of the investment through a monetary management system PayPal.
Bomplay.com guarantees the payment to the investor sponsor regarding the return of the investment support made in the form and modality of crowdfounding in the platform of videos and entertainment Bomplay.com according to the following definitions:
Program of incentives and compensation for investors supporters
Support / Minimum Investment: US $ 10,000
support / investment options:
BRL 10,000 to BRL 150,000 = Revenue / Return + 100% Invested capital – tax withholdings.
BRL 151,000 up to BRL 250,000 = Remuneration / Return of 200% + Capital invested – Tax withholdings.
BRL 251,000 up to BRL 350,000 = Repayment / Return of 300% + Capital invested – Tax withholdings.
BRL 351,000 up to BRL 450,000 = Repayment / Return of 400% + Capital invested – Tax withholdings.
BRL 451,000 up to BRL 550,000 = Retribution / Return of 500% + Capital invested – Tax retentions.
BRL 551,000 up to BRL 650,000 = Paid / Return of 600% + Capital invested – Tax withholdings.
BRL 651,000 up to BRL 750,000 = Repayment / Return of 700% + Capital invested – Tax withholdings.
BRL 751,000 up to BRL 850,000 = Repayment / Return of 800% + Capital invested – Tax withholdings.
BRL 851,000 up to BRL 950,000 = Paid / Return of 900% + Capital invested – Tax withholdings.
BRL 951,000 up to> BRL 1,000,000 = Paid / Return of 1000% + Capital invested – tax withholdings + lifetime income – tax withholding until the consolidation of Bomplay.com S / A when the new company rules will come into effect anonymous (For this investment option, the return on investment will be terminated upon consolidation of Bomplay.com S / A and the investor supporter has already received a 1000% return on invested capital.
Bomplay.com guarantees to the investor sponsor that he will make the payment regarding the receipt of the amount referring to the return of the investment not only at the end of the plan, but during the progress of the plan and the progress of the monetary evolution within the established formula for this purpose in 4 (four) payments to be made according to the following definitions:
First payment of Bomplay.com to the investor supporter: Upon reaching 25% of the ceiling of the value of the plan;
Second payment of Bomplay.com to the investor supporter: Upon reaching 50% of the ceiling of the value of the plan;
Third payment of Bomplay.com to the investor supporter: Upon reaching 75% of the ceiling of the value of the plan;
Fourth and last payment from Bomplay.com to the investor supporter: When reaching 100% of the ceiling of the value of the plan.
Bomplay.com warrants that in addition to the standard form of payment referring to the return of the investment support in 4 (four) shares as mentioned above, for reasons of convenience aiming to convey a greater sense of security to the investor supporter will allow this amount of payments can be changed from 4 (four) to up to 10 (ten) payments according to previous express manifestation and common agreement between the parties, the parties being the investor and Bomplay.com.
Bomplay.com guarantees to the investor sponsor that all the investment plans will remain in effect until reaching the ceiling established for the accomplishment of the fourth and last payment, not having time in time period to finish the commitment of discharge of the payment regarding the return of 100% of the amount invested (Investment + Return – Tax withholdings) previously defined at the time of support / investment.
Bomplay.com guarantees to the investor sponsor that it may use other means besides the profit retention formula to comply with the payment disbursement referring to the return of the invested capital plus the gains according to the investment option defined by the framework of the amount invested in the support table of Bomplay.com at the discretion of the administrators and operators of Bomplay.com and the investor supporter can not require that other means besides the formula of retention of profits reserved for supporters investors are used for the discharge of the commitment of payment of the ceiling of 100% of the amount defined at the time and act of the investment support made by the investor supporter.
Bomplay.com may at its discretion, at the moment it deems necessary with prior notice and without prejudice to the supporters investors interrupt, resume, modify, restrict or limit, and also terminate the incentive and reward program on monetary values obtained through of the form and modality of crowdfounding being the user through these terms aware that Bomplay.com is not an investment platform but a platform of content,media and entertainment whose main purpose is to provide the service duly specified in the totality of these Terms of Service being able to the user through the form and modality of crowdfounding to become an investor supporter and to participate in the program of incentive and retribution by means of inclusion in the profit sharing destined exclusively to these users who opt to become supporters.
Profit retention reserved for investor supporters
30% of the net revenue obtained through the network of external advertisers + 70% of the net revenue obtained through sales commission of partner stores / amount of investors supporters = profit retention formula.
Bomplay.com guarantees to the investor sponsor that all of the values obtained through the support of investment through modality of crowdfounding will have as only destination the improvement and maintenance of the platform of videos and entertainment Bomplay.com located at the electronic address https: / /www.Bomplay.com, as well as the construction and development of ways and means including but not limited to partnerships and partnerships that can guarantee the sustainability of the business and its worldwide expansion, having as main objective to meet the requirements necessary to make Bomplay.com S / A.
Your Conduct and Your Use of the Service
The Bomplay.com Service and all its components are intended only for persons who can legally access and use them. The service allows access, storage (upload) and sharing of video material. In addition, the Service can provide you with the ability to communicate with other users of the Service, to interact with online artists, and to upload, store and share content.
You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any type of audio, video, music, text, links, or any other content that you post, post, upload, view or communicate through the Service (collectively, “User Content”). , and for the consequences of posting, posting, uploading or displaying any User Content.
The service provides you with the ability to upload user content either through the Bomplay.com site, or through the Bomplay.com Community. User Content submitted through the Bomplay.com website will generally be made public. When you upload user content through the Bomplay.com Community, you may choose to keep the content private (ie only you or another person with the ability to use the account you create will have access to the content ), to share it with other specific members of Bomplay.com Community, or to make it public.
You agree to the disclosure of any and all User Content that you submit through Bomplay.com, which you upload through the Bomplay.com Community and designate as public, or that you communicate using any other feature of the service that does not expressly provide limited access to User Content. You understand that once the User Content has been published publicly, it can not be deprived of new. You understand and agree that the User Content you communicate using the Service may be recorded, stored, copied and / or retransmitted by Bomplay.com, including but not limited to User Content that you submit through the Community Bomplay.com and designate as public or to be shared with specific members, such as the video content submitted to Blog Bomplay.com.
You agree that you will not use the service to post, transmit or share User Content that you did not create or that you are not permitted to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses and permissions necessary to use and authorize Bomplay.com to use the User Content that you provide in the manner described in these Terms of Service. By uploading, uploading, storing or publishing User Content, you warrant that you do not infringe any other person’s intellectual property rights.
You understand that it is generally prohibited and illegal to record or publish any video that may be considered inappropriate content including but not limited to recordings that may display sexually explicit content and post them on a non-intended service (The service provided by Bomplay.com is not intended for the publication and / or placement of any kind of material that may be considered obscene or pornographic). You also understand that it may be unlawful to post any video or audio recording of another person for commercial purposes without your consent. By submitting or posting User Content, you warrant that each person portrayed in any material contained in the User Content has consented to the recording of such material and its publication as provided in these Terms of Service. Simply posting or displaying User Content through the Service does not necessarily constitute your use for commercial purposes. However, by submitting or posting User Content you also warrant that you have previously obtained any and all permissions, versions, and authorizations required to record, publish, and display User Content for commercial purposes.
You agree that you will not use the service provided by Bomplay.com to post, transmit or share any User Content that may be defamatory or invasive of another’s privacy, graphically violent, physically threatening, or intended for illegal purposes , or otherwise unlawful. By submitting or posting User Content, you warrant that it is not defamatory or invasive of any other person’s privacy, graphically violent, physically threatening, or otherwise unlawful.
You acknowledge that Bomplay.com does not promise that any User Content you submit to it, or that you communicate using the service will be maintained by Bomplay.com. You are solely responsible for creating backup copies that may replace any User Content that you submit to Bomplay.com or post to the Service, at your own expense and expense. You agree that Bomplay.com has no responsibility or liability for the exclusion or failure to store or transmit any User Content. Bomplay.com reserves the right to create limitations of use and storage, at its sole discretion, at any time, with or without prior notice.
Rights to Content on the Service
All content and components of the Service other than the User Content (“Bomplay.com Content”), including but not limited to software, text, photos, audio and video content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service are the property of Bomplay.com, or are licensed to Bomplay.com subject to copyright or other intellectual property rights held by others. Bomplay.com reserves all rights to the content Bomplay.com, User Content, and any other component or content of the service not expressly granted to you by these Terms of Service.
Bomplay.com provides the service for the personal and non-commercial use of spectators, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, non-transferable license to view, on a single computer, the content of the Service. Bomplay.com reserves the right to limit the amount of materials viewed. Commercial use of any Content of the Service, other than your commercial use of User Content that you have submitted, is strictly prohibited. In addition, except for the User Content you submitted, you may not: (i) modify any of the materials provided by the Service; (Ii) copy, reproduce, publicly display or otherwise perform, distribute or prepare derivative works from any portion of the Service content; (Iii) remove, modify or change any copyright, trademark or other proprietary notice or assignment of any of the materials used in the service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. Bomplay.com reserves the right to terminate this license at any time if you attempt to violate or violate any provision of these Terms of Service, in which case you will be required to immediately destroy any materials that you have obtained from this Site.
By submitting, posting or communicating User Content and using the Service, you grant Bomplay.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy , publicly perform, display, reformat, translate, excerpt (in whole or in part) and distribute the user’s content or through any media currently known or hereafter invented for any purpose; (2) to prepare derivative works with the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize licenses of any or all of the foregoing rights.
Bomplay.com will not superimpose any property on your User Content; rather than between Bomplay.com and you, without prejudice to the rights granted to us in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Bomplay.com may obtain and exercise the intellectual property rights over compilations, collective works or derivative works that incorporate the User Content that you provided. In that case, Bomplay.com rights are applicable only to the compilation, collective work, or derivative work; between Bomplay.com and you, without prejudice to the rights granted to us in these Terms of Service, you will retain the full ownership of rights and your User Content.
When you submit or communicate with any User Content that uses the Service, you also authorize Bomplay.com to record and make copies of any information deemed necessary in order to facilitate the posting, maintenance and storage of Content as part of the Service.
Reasonable or Inappropriate Content The Service provided by Bomplay.com may not include any content that may be deemed inappropriate, harmful, inaccurate or otherwise offensive or objectionable material. Including, any type of material that may have been mislabeled or otherwise misleading. Make sure you have the care, common sense, and judgment in using the Service. Bomplay.com does not endorse, support, represent or guarantee the suitability, accuracy or reliability of any content provided by the Service. You acknowledge that any use or reliance on material provided by the service will be at your own risk.
Bomplay.com may review any content provided by the Service, including any User Content uploaded using the Service and reserves the right to refuse to distribute any Content or to remove any Content from the Service that it deems inappropriate. However, you acknowledge and agree that Bomplay.com is not obligated to remove any Content from the Service unless and until it is established in accordance with the law’s requirements that the content is unlawful.
If you believe that any content provided by the service may be illegal or that violates these Terms of Service, you may inform Bomplay.com using the Report button that is added next to the User Content or inform us via our contact form. Bomplay.com will review your message and the content reported and / or reported (assuming it is still available through the Service). Bomplay.com may remove content that, in the judgment of Bomplay.com, is considered illegal or inappropriate. However, understand that deciding whether the content is inappropriate is a trial, and that Bomplay.com is not legally responsible for content that does not originate from the Service provided by Bomplay.com. Neither is Bomplay.com legally responsible for removing content that it deems inappropriate from the service.
Bomplay.com reserves the right to access, read, preserve and disclose any information as it deems necessary to do any of the following: (1) satisfy any law, regulation, legal process or legitimate governmental request; (2) enforce these Terms of Service, including investigation of possible violations thereof; (3) detect, prevent or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of Bomplay.com, its users and the public. You agree that Bomplay.com will not be responsible for exercising or discontinuing any of these rights.
Bomplay.com respects the intellectual property rights of third parties. We prohibit users from uploading, posting or transmitting materials that violate the intellectual property rights of others. If we receive any copyright notice that is not in compliance with the Digital Millenium Copyright Act (17 USC § 512, the “DMCA”), we will promptly remove or disable access to the allegedly infringing material. We will also close accounts for repeat offenders.
If you are a copyright owner or an agent of the copyright and you believe that any content of the Service infringes your copyright, you may contact us.
Names and Trademarks
Bomplay.com, and other Bomplay.com logos and names of services or products are trademarks of Bomplay.com. All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicates any endorsement or endorsement by its owners, unless such endorsement or endorsement is expressly made explicit.
Sponsors, advertisers and third parties
The Service may provide links to sponsor, advertiser, or other third party sites that are not owned or controlled by Bomplay.com. Including content, links, or allowing the use or installation of any material from a third-party site, applications, software, content or advertising does not imply endorsement or endorsement by Bomplay.com. Bomplay.com has no control over, and assumes no responsibility for, the content, privacy policies or practices of third parties. By accessing or using the Service, you agree to release Bomplay.com from any and all liability arising from the use of any third party website, content, service, or software accessed through the Service.
The user of the service provided by Bomplay.com is aware that Bomplay.com may display User Content made available by other video platforms including but not limited to Youtube, Dailymotion, Facebook and / or other upload and storage services of data with sharing options through legal mechanisms duly designed for this purpose.
Your communications or transactions with, or participation in, promotions, sponsors, advertisers or other third parties found through the Service, are solely between you and such third parties. You agree that Bomplay.com shall not be liable for any loss or damage of any kind incurred as a result of any dealing with such sponsors, third parties or advertisers, or as the result of your presence on the Service.
Bomplay.com may, in its sole discretion, terminate your access to the Service, delete any content or information you post or communications made through the Service, and / or prohibit you from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these Terms of Service.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. AND THAT Bomplay.com MAY LIMIT ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, Bomplay.com DOES NOT WARRANT THAT: (1) THE SERVICE WILL MEET THE REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; (6) OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
No advice or information, oral or written, obtained by you from Bomplay.com, will create any warranty not expressly set out in these Terms of Service.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT Bomplay.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Bomplay.com .BR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE.
IN PARTICULAR, AND WITHOUT LIMITATION, Bomplay.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF: (1) access, transfer, or obtaining ANY CONTENT OR COMPONENT OF THE SERVICE, even if IT results in inadvertent transfer of code computer viruses, such as viruses, malware, or spyware; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSION OF DATA; (3) CONTENT OR CONDUCT OF THIRD PARTIES OFFERED BY THE SERVICE; Or (4) provision of these Terms of Service to the contrary.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF LIABILITY AND DAMAGES WILL NOT APPLY TO YOU.
OF THE PROVISIONS OF THIS AGREEMENT WHICH PROVIDE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES OR EXCLUSION OF DAMAGES AND ALLOCATION OF RISK between you and Bomplay.com. That allocation is reflected in the distribution of content FREE TO YOU BY Bomplay.com, and is an essential element of negotiation between the parties. Each of these provisions is severable and independent from all other provisions of this AGREEMENT. THE LIMITATIONS IN THIS SECTION IS APPLICABLE, INDEPENDENT, OF AN ESSENTIAL PURPOSE OF ANY REMEDY under this agreement.
You agree to indemnify and hold Bomplay.com, its subsidiaries, affiliates, directors, agents and employees from and against any claims of third parties arising out of or in any way connected with your use of the Service, including any liability or expense arising from all claims, losses, damages, lawsuits, judgments, costs (direct and consequential) of litigation and legal fees of any kind and nature. Bomplay.com will make every reasonable effort to provide you with a written notice of any claim, lawsuit or action, but Bomplay.com’s failure to provide such notice will not relieve you of such obligations .
If any provision of these Terms of Service is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted and other provisions of the Terms of Service shall remain in full force and effect.
The failure of Bomplay.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, the parties agree that the court shall attempt to give effect to the intentions of the parties as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Choice of Law
The agreement created by these Terms of Service, and any dispute arising out of or relating to these Terms or the provision or use of the Service, shall be governed by the laws of Brazil, without giving effect to the conflict of law clauses.
Arbitrage Waiver & Class Action
You and Bomplay.com agree that any disputes between you and those responsible for the service provided by Bomplay.com will be resolved through mandatory and final arbitration, rather than through legal proceedings. You and Bomplay.com waive any right to a jury trial of any dispute, and will be subject to this arbitration agreement. Neither you nor Bomplay.com can file a complaint against the other as a class action. Neither you nor Bomplay.com can act as attorney general or private class representative, nor participate as a member of a class of applicants with respect to any litigation or claim between Bomplay.com and its users.
As set forth in this arbitration and waiver agreement, the terms “Bomplay.com” and “you” include Bomplay.com and their respective owners, employees, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interests, successors, lawyers and assigns. This arbitration and waiver agreement will be broadly construed, and will cover all disputes between you and Bomplay.com, including but not limited to claims related in any way to the relationship between you and Bomplay.com , your use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.
This arbitration agreement does not prevent you from seeking action by federal, state, or local government agencies. These agencies may, if the law permits, seek relief from us on your behalf. In addition, you and Bomplay.com have the right to bring qualified claims into the small claims court.
The user is aware that these Terms of Service may be changed at any time and without prior notice and it is the responsibility of the user to check them periodically and that by this date and at the time of writing these Terms of Service, the service provided by Bomplay.com is within the normality necessary for the correct functioning of all the functions already available and this condition can be modified at any moment and / or temporarily during the realization of eventual updates that aim at the security of the system and the maintenance of the user data.
The user of Bomplay.com is aware that the last change made in these Terms of Service was made on February 18, 2018.
I LIKE UNDERSTANDING THE TERMS OF SERVICE, AND I AGREE TO COMPLY WITH THEM.