These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Been Boom Labs (Been Boom, LLC) (together with its subsidiaries and affiliates, “Company”, “we”, “us”, or “our”) concerning your access to and use of the websites kickstar.io, kickstarservice.io, and ksresearch.io, and other related websites, mobile applications, features, and services (collectively, the “Site”), including, without limitation, all Content (as defined below) as well as all software, products, and services offered and/or operated by Company and/or third parties through the Site (collectively, the “Products and Services”), available for your use subject to the terms and conditions set forth in this document, as may be revised from time to time by Company (collectively, the “Terms”)

You agree that by accessing or using the Site in any way, including, without limitation, evaluating, downloading, purchasing, and/or using any of the Content or Products and Services offered on the Site, or by browsing the Site, or by viewing Third Party Content accessible via the Site, you expressly acknowledge that you have read and agree to be bound by all of these Terms and the Important Notice, which is hereby incorporated herein by reference. IF YOU DO NOT AGREE WITH SUCH TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE REFER TO THE SECTION ENTITLED “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old (the “Minimum Age”). Persons under the Minimum Age are not permitted to use or register for the Site.

If you breach any of the Terms, your authorization to use this Site and any authorized use of Content will automatically terminate, any Content downloaded or printed from the Site, whether authorized or unauthorized, must be immediately destroyed and, in certain instances, you may also be required to immediately stop using Company’s Products and Services. The company reserves the right to pursue any additional remedies available in law or equity.

Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about you.

1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics (excluding Third Party Content (as defined below)) on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark and other intellectual property laws and international conventions. You are not permitted to use the Marks without the prior written consent of the owner of the Mark.

Except as expressly provided herein, the Company and its licensors do not grant any express or implied license to the Site, the Content, or the Products and Services. You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, sell, reverse engineer, create derivative works based on, or otherwise exploit for any commercial purposes whatsoever, the Site, the Content, or the Products and Services without our express prior written permission.

If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You may not modify or alter the Content in any way. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Certain sections of the Site feature content of Third-Party Products (defined below) owned by third-party creators or associated rightsholders of that content (the “Third Party Content”). Third Party Content is protected by copyright or other proprietary laws and is for display and demonstration purposes only.

We respect the intellectual property rights of others and expect our users to do the same. To promote the lawful use of our Products and Services, and in accordance with the Digital Millennium Copyright Act, (“DMCA”), we will take down content in response to verified DMCA takedown notices and/or other intellectual property infringement claims. 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe in good faith that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide written notice via mail or email to us at:
Been Boom, LLC.
Attn: Copyright Notice
Address: 1309 Coffeen Avenue STE 9595, Sheridan, Wyoming, United States.
Email: contact@beenboom.com

Please note that in accordance with this DMCA Policy, upon receipt of your notice, we will take whatever action, in our sole discretion, including without limitation, removing or disabling access to specified content.

2. THIRD-PARTY PRODUCTS

In addition to the Products and Services offered by Company, this Site may advertise, offer, and make available information, products, or services provided by third parties, including third-party links to other websites (collectively, the “Third Party Products”). Third-Party Products are governed by separate agreements or licenses with those third parties. The company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Products, including, without limitation, any liability resulting from the availability of, or any content located on or through such third-party sites and services, and any incompatibility between Third Party Products and the products and services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third-Party Products or seek to do so.

3. COMPANY SERVICE PROVIDERS

We may use service providers to provide certain services in connection with the Site, the Content, and our Products and Services. As such, information submitted through this Site may be accessed and used by a Company service provider in accordance with the Privacy Policy.

4. PURCHASE OF PRODUCTS AND SERVICES

In addition to these Terms, when purchasing or using Products and Services on this Site that are offered by Company, including without limitation, tickets to attend or participate in any event we organize or merchandise offered by us, you will be subject to any agreements or licenses applicable to those Products and Services (“Specific Agreements”), including without limitation, participation agreements. Specific Agreements may contain terms and conditions in addition to those in the Terms, but all terms and conditions of the Specific Agreements and the Terms apply. In the event of a conflict between the Terms and any Specific Agreement, the Specific Agreement controls with respect to your rights to the Product and Service.

5. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) any registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

6. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You acknowledge that we are not responsible for transferring, safeguarding, or maintaining your password or private keys or any crypto-asset associated therewith. We have no liability whatsoever for any failure by you to keep your passwords or private keys secure and private. IF YOU LOSE ACCESS TO YOUR ACCOUNT, PRIVATE KEYS, OR PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTO ASSET YOU HAVE ASSOCIATED WITH YOUR ACCOUNT AND/OR PRIVATE KEYS MAY BECOME INACCESSIBLE AND WE ARE NOT RESPONSIBLE FOR SUCH LOSS.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. GOVERNING LAW

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

10. DISCLAIMER

THE SITE AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND BEEN BOOM LABS (AS DEFINED BELOW) AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SITE, THE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE PRODUCTS AND SERVICES AND WE AND BEEN BOOM LABS WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE PRODUCTS AND SERVICES.

NEITHER WE NOR BEEN BOOM LABS WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE, APPLICATION, OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER WE NOR BEEN BOOM LABS WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SITE, OR ITS CONTENTS, WHETHER OR NOT MADE BY ANY US, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Neither the Site nor the Products and Services are intended as or provide, any investment or financial advice. With respect to any financial or investment decisions, we recommend you conduct your own research to properly evaluate the risks and benefits of any investment or financial transaction. We recommend you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels, and investment advisors, in connection with any investment or financial transaction. You agree to be held completely and fully responsible for your decisions. We do not guarantee the completeness or accuracy of any information provided to you through the Site and we are not liable for any errors in actions taken in reliance thereon, including with respect to the release of any funds.

11. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

13. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Been Boom, LLC.
1309 Coffeen Avenue STE 9595, Sheridan, Wyoming, United States.
Email: contact@beenboom.com