All of the materials published on #Boom Magazine are owned and subject to copyright by #Boom Magazine or their respective authors or organizations, including, but not limited to, images, video, logos, and trademarks.
Articles on #Boom Magazine may contain copyrighted material from other sources. While it is our policy to make every effort to determine the source and accurately attribute the content presented herein, some images and content appearing on #Boom Magazine have been previously published in print and/or online, and may be available through multiple sources. We assert that such content falls within the definition of “Fair Use” under United States Copyright law, Fair Use Doctrine, Title 17 of the U.S. Code, and is used by #Boom Magazine for purposes of news reporting or commentary.
Claims of Infringement:
If you believe that any content appearing on #Boom Magazine infringes on your copyright, does not fall within the definition of “Fair Use,” has not been accurately attributed, or is in error, please let us know and we will make every effort to correct the error or omission, or remove it from this website.
Forward the following information to us, and the infringing material will be reviewed as soon as possible.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and,
(f) a statement by you made under penalty of perjury, that the information in your claim is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly misrepresents that material or activity is infringing, may be subject to liability.
#Boom Media User Agreement
Last revised: May 26, 2013
SEC. 14 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH #BOOM MEDIA. PLEASE READ IT CAREFULLY.
1. Acceptance of Terms of Service
This User Agreement (the "Agreement") applies to all products and services offered by #Boom Media including but not limited to the websites boom.lgbt, web plug-ins and applications, mobile services, applications for smartphones, tablets and other mobile devices, and any other features, content, or applications offered from time to time by #Boom Media (the “Services”). In addition, when using a particular Services, you will be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
By using the Services, you are stating that you understand and agree to be bound by the terms and conditions of this Agreement. If you disagree with anything in this Agreement, please do not use the Services.
2. Changes to Agreement
Members and other users will be notified of any material changes to this Agreement by way of a posting to the applicable Services. Members will also be required to indicate acceptance of the new terms and conditions by way of “click and accept” or similar affirmative action. If you do not agree to the new terms and conditions, you should discontinue your use of the Services. All changes to this Agreement will become effective immediately or upon a Member’s confirmed acceptance, as applicable. Changes will not apply retroactively.
3. Availability of Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such action.
4. Usage Rules
Following are some basic rules that apply to the Services and that you agree to follow. If you violate any of the rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and all legal remedies available, to deny you access to the Services, to suspend or terminate your membership without any right of refund to you and to refuse to provide you with any future membership. You agree not to use the Services to:
1. upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (e) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the technology or any other software we provide through the Services;
3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
5. interfere with or disrupt the Services or servers, networking and computing equipment or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
6. initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Services and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any disruptive action aimed at the Services or the Internet in general;
7. Try to gain access to areas that are private to #Boom Media
8. Violate any applicable local, state, national or international law or regulation;
9. promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to the Services, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to the Services or the Internet in general;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
6. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
7. Links and Third-Party Sites
Our provision of a link to any non-Services site or location is for your convenience and does not signify our endorsement of such non-Services site or location or its contents. We shall not be responsible for any information, software, or links found at any non-Services site or location, or for any transactions conducted at or through any linked non-Services site or location.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND #BOOM MEDIA AND LICENSORS HEREBY EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. #BOOM MEDIA AND LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SERVICES ARE OR WILL BE ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES AND, AS APPLICABLE, THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM #BOOM MEDIA, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF THE SERVICES SHALL CREATE ANY WARRANTY. FURTHER, #BOOM MEDIA AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE.
9. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL #BOOM MEDIA OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY CHANGES TO THE SERVICES OR THESE TERMS OF SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. #BOOM MEDIA AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF #BOOM MEDIA OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD #BOOM MEDIA, ITS LICENSORS AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICES, AS WELL AS EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES OR SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, FEES (INCLUDING ATTORNEYS' FEES) AND EXPENSES THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING OUT OF YOUR (OR, IN THE CASE OF MEMBERS, ANYONE USING YOUR ACCOUNT'S) USE OF, OR CONDUCT WITH RESPECT TO, THE SERVICES.
11. ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THESE TERMS OF SERVICE REPRESENT AN AGREED-UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND #BOOM MEDIA, WITHOUT WHICH WE WOULD NOT ENTER INTO THESE TERMS OF SERVICE OR PROVIDE THE SERVICES.
12. Proprietary Rights
You acknowledge and agree that all content and materials available on or through the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may print or download one copy of the materials or content on the Services on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Otherwise, you may not republish, retransmit, reproduce or otherwise use the materials or content. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To obtain such authorization, contact the #Boom Media legal department by mail at:
Attn: Legal Department
2308 Cherokee St. Suite 2Fl
St Louis, MO 63118
13. Copyright Infringement Claims
#Boom Media respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), #Boom Media has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, please fill out a Notice of Infringement Form and mail it to the following agent of #Boom Media for notice of claims of copyright infringement:
Attn: Legal Department
2308 Cherokee St. Suite 2Fl
St Louis, MO 63118
The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright
owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement.
14. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
Binding Arbitration. You and #Boom Media agree that any dispute, claim or controversy arising out of or relating in any way to the Services, including our websites, user interfaces, mobile applications, these Terms of Service (including any future changes) and this Arbitration Agreement, shall be resolved exclusively through final and binding arbitration instead of in courts of general jurisdiction, except that you may assert claims in small claims court, if your claims qualify. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. This Agreement governs to the extent it conflicts with the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. SUCH AWARD WILL BE BINDING AND FINAL, EXCERPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FAA, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES FOR PURPOSES OF ENFORCEMENT.
You or #Boom Media may initiate arbitration in either Saint Louis City, Missouri or the county in which you reside. In the event that you select the county of your residence, #Boom Media may transfer the arbitration to the City of Saint Louis, Missouri in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator. If the value of the relief sought is $10,000 or less, you or #Boom Media may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and #Boom Media subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or #Boom Media, unless the arbitrator requires otherwise. The payment of all filing, administration and arbitrator fees shall be governed by the AAA Rules, unless otherwise determined by law.
Class Action Waiver.You and #Boom Media agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. NEITHER YOU NOR #BOOM MEDIA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. Unless both you and #Boom Media agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS (VISITOR OR OTHERWISE) OF THE SERVICES.
Severability.If any clause within this Section 14 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 14, and the remainder of this Section 14 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 14 will be unenforceable, and the claim will be decided by a court and you and #Boom Media each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Time to File Claim.To the extent permitted by law, any claim or dispute under these Terms of Service must be filed within one year in small claims court or an arbitration proceeding. The one-year period begins when the claim could first be filed or Notice could first be given. IF A CLAIM OR DISPUTE IS NOT FILED WITHIN ONE (1) YEAR, IT IS PERMANENTLY BARRED.
This Section 14 shall survive any termination of this Agreement.
15. Governing Law and Jurisdiction
You agree that the laws of the State of Missouri will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Missouri, by Missouri residents, notwithstanding your actual place of residence or domicile.
Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and #Boom Media must be resolved exclusively by a state or federal court located in St. Louis City, Missouri. You and #Boom Media agree to submit to the personal jurisdiction of the courts located within St. Louis City, Missouri for the purpose of litigating all such claims or disputes.
This Agreement contains the complete and final statement of the understanding between you and #Boom Media with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and us concerning the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by us of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the #Boom Media to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the Acceptance of Terms of Service, Usage Rules, Links and Third-Party Sites, Disclaimer of Warranties, Limitations on Liability, Indemnification, Allocation of Risk, Proprietary Rights, Arbitration Agreement and Class Action Waiver, Governing Law and Jurisdiction, and General sections of this Agreement.