Terms of Service
The mobile version of the Website (the "Mobile Site") and the SpotMe iPhone application (the "iPhone App") allow users to access the services provided by Boomerang Digital, Inc. through a mobile device. If you use the Mobile Site or iPhone App you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the services maintained by Boomerang Digital, Inc.
To be eligible for the services provided by Boomerang Digital, Inc. you must be at least 13 years old. By registering for, accessing, or using the the services maintained by Boomerang Digital, Inc., you represent that you are at least 13 years old.
Our Relationship with You
Boomerang Digital, Inc. is a service provider and acts as your agent only with respect to the services provided through its Website, Mobile Site and iPhone App. Otherwise, Boomerang Digital, Inc. is exclusively an independent contractor.
Boomerang Digital, Inc. Services
When you sign up at this Website, Boomerang Digital, Inc. will establish an account that permits you to use the Website Services ("Account"). You must provide your first name, last name and email address, and you must select a password. You must keep your password confidential and not disclose it to others. Each person for whom Boomerang Digigal, Inc. establishes an Account becomes a "User".
Creating a Group: Any User can Create a Group ("Group") and invite people to join it. The User that creates the Group is the "Group Creator", and the Users that join the Group are "Group Members". Groups make it easy to track finances. Group Creators and Group Members can use Groups for sharing information. By default, Group Members have access to information relating to the Group including transaction history, bills shared by the Group Creator ("Bills") or Group Members, and information regarding other Group Members.
Transactions: Any user can create a lending, borrowing, split bill or settlement transaction ("Transactions"). Transactions are solely a way to share information between Group Members and do not constitute or guarantee any actual payments that have occurred or may occur between Users in the future. BOOMERANG DIGITAL, INC. IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A PAYMENT. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE BOOMERANG DIGITAL, INC. IN SUCH DISPUTES.
Privacy and Information Sharing
User Content Submissions
Once you have registered for an Account, you may upload certain materials and information to the Website ("User Content"). You must not upload User Content unless you own all necessary rights, or have permission from the rightful owner of the User Content, to grant Boomerang Digital, Inc. all of the license rights granted in this Agreement. You must not submit any User Content that: (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; or (d) advertises products or services competitive with those provided by Boomerang Digital, Inc. or its partners' products and services, as determined by Boomerang Digital, Inc. in its sole discretion. For any User Content, you grant Boomerang Digital, Inc. a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, translate, adapt, distribute, prepare derivative works of, transmit, display, publish, perform delete (in whole or in part), and incorporate the User Content for any purpose and without acknowledgment to you. You retain all rights in your User Content, subject to the rights granted to Boomerang Digital in this Agreement.
Although Boomerang Digital, Inc. will not necessarily pre-screen or review User Content, Boomerang Digital, Inc. reserves the right to refuse, review, or delete any User Content in its sole discretion, for any reason or no reason. You remain solely responsible for: (i) any errors or omissions in your User Content; (ii) any liability arising out of your User Content or Boomerang Digital Inc.‚'s failure to display your User Content; and (iii) any liability arising out of your use of any content from the Website. Under no circumstances will Boomerang Digital, Inc. or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content or by your reliance of any content obtained through the Website.
Content on the Website, including User Content, has been licensed to Boomerang Digital, Inc. in accordance with various licensing agreements between Boomerang Digital, Inc. and the persons or entities who license the rights to such content ("Licensed Content"). You understand that Licensed Content is owned by Boomerang Digital, Inc.‚Äôs licensors and is protected by intellectual property laws. Boomerang Digital Inc. grants you a limited, non-exclusive, non-transferable, revocable right to access the Licensed Content solely for your own non-commercial use.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available on the Website are those of the respective authors or producers and not of Boomerang Digital, Inc. or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates.
Boomerang Digital, Inc. has not reviewed, and cannot review, all of the User Content posted by you or any third party to the Website and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by accessing the Website, you may be exposed to content that is harmful, offensive, indecent, objectionable, or inaccurate. Under no circumstances will Boomerang Digital, Inc. or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Website, and to seek qualified professional assistance as applicable.
Liability of Boomerang Digital, Inc.
IN NO EVENT SHALL BOOMERANG DIGITAL INC., its EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS OTHERWISE REQUIRED BY LAW.
This Agreement be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Contacting Boomerang Digital, Inc.
If you have any questions or concerns about this Agreement or this Website, please send us a description by email to firstname.lastname@example.org.