We reserve the right, in our sole discretion, to revoke or suspend your membership in and/or access to the Site, at any time without notification or liability to you or any other person, and for any reason or for no reason at all. While we retain the right to revoke or suspend your access to the Site, Boomerang shall have no responsibility to exercise it or to moderate disputes between members.
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of this Site will at all times comply with the terms of this Agreement;
As a condition of your use of this Site, you agree that:
- You may create only one account for your personal use, and all registration information must be accurate, true, current and complete;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
- Boomerang may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
If you elect to create an account:
Ownership of the Site
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
Privacy and Privacy Settings
We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any inappropriate content submitted on Boomerang. Though we strive to enforce these rules with all of our users, you may, when using the Boomerang, be exposed to content that violates our policies and which may be considered offensive. We may, but are not obligated, to terminate Boomerang Accounts and/or remove content from the Site if we determine or suspect that such accounts violate the terms of this Agreement or applicable laws. We take no responsibility for your exposure to content on Boomerang whether it violates our content policies or not.
Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Boomerang and the Site while it is being transmitted. In addition, Boomerang is not responsible for any data lost during transmission.
Rules and Conduct
Boomerang respects the privacy and well being of all our users, and we ask you to be a thoughtful member of the Site and report suspected misrepresentation. We reserve the right to terminate the accounts of anyone we believe to have provided false information or other misrepresentations accounts and delete their User Submissions. However, we may retain any information they have submitted for our records.
You are responsible for all of your activity in connection with the Service. In addition, you may not use the Service for any illegal or unauthorized purpose.
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, harmful, vulgar, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically or otherwise objectionable;
- harms minors or any member of Boomerang in any way;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the service; involves uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information, or anything learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- involves uploading, posting, emailing, transmitting or otherwise making available any Content that advocates the violation of any local, state, federal, or international law; attempts to reformat, redesign, alter, or prevent the display of information or advertising, or attempts to otherwise change the appearance of the Site;
- involves submitting materials owned by or concerning a third party without that party's consent, or redirecting to those materials without consent, or infringing upon any and all rights held by such third party over any such materials;
- involves commercial activities and/or sales without Boomerang's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Boomerang or any third party;
- either (1) impersonates any person or entity, or (2) falsely states or otherwise misrepresents your affiliation with any person. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Boomerang in its sole discretion) an unreasonable or disproportionately large load on Boomerang's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any privacy settings or measures Boomerang may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site. You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
Creating an Account
To use Boomerang Services, you may be asked to register a Boomerang Account and allow us to connect your Social Network account to the Boomerang Platform. When registering for a Boomerang Account, you agree to provide only accurate and complete information and to keep this information up-to-date.
Boomerang relies on the relevant Social Network to authorize you as a user of Boomerang Services. You are solely responsible for any and all access to your Boomerang Account and the Boomerang Site by persons using your Social Network account. If someone other than yourself accesses your Boomerang Account or the Boomerang Site by using your Social Network account or Social Network password, we will rely on that Social Network account and Social Network password and you agree that such access to the Boomerang Platform will constitute access made by you personally. If you become aware that your Social Network account or Social Network password is being used without authorization, please notify us immediately by sending an email to email@example.com
By utilizing your Social Network credentials to log into Boomerang or to use the Site’s services, you expressly authorize Boomerang to receive certain of your information that is available on or through your Social Network account, including, your profile information (including your profile photo), friends or follower names, privacy settings and certain other information; and you also authorize Boomerang to generate and publish on your Social Network news feed and timeline (as applicable) actions you take on the Boomerang Platform or while using the Boomerang Services, and to allow you to interact with your Social Network friends on Boomerang or while using the Site’s services. You agree to allow each such Social Network to receive information concerning the actions you take on the Boomerang Platform or your use of Boomerang Services.
Giving and Receiving Gifts
Boomerang offers you the opportunity to give and receive electronic Gifts provided by various third-party businesses (”Merchants”) to be used for the redemption of products and services at the stores or businesses of the Merchants. Users of Boomerang can choose to purchase Gifts from Boomerang that are not offered free of charge. To purchase a Paid Gift you choose the payment type (PayPal, debit or credit cards), provide the appropriate information (collectively the ”Credit Card Information”) and complete your purchase. Shortly thereafter you will receive a confirmation of the purchase and the amount charged to your PayPal or credit card account by Boomerang. Paid Gifts will not be available for use until full payment has been made.
To redeem a Gift that you have received, you must follow the redemption instructions on the Gift voucher. For all Paid Gifts you must redeem the full value of the Gift in one visit unless the Paid Gift is explicitly labeled a “gift card.” No cashbacks or other credit will be provided by Merchants (unless they are required to do so under applicable laws). You may also be required to present a valid photo ID when redeeming a Gift in the Merchant’s store or other business. Please note that once you receive a Gift you will have a limited time period (as stated on the voucher) to access the Gift voucher and redeem the Gift.
Some products or services may be provided by Merchants only in certain geographical areas and jurisdictions. Boomerang therefore reserves the right to exclude the provision of certain Gifts and Gift vs to certain geographical areas and jurisdictions.
Boomerang is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay $30 for a voucher that gets you $50 of goods or services from a Merchant, the full offer value is $50, the amount paid is $30 (this amount does not expire until it is used or is refunded), and the promotional value is $20 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law).
The promotional value of a Gift voucher may be subject to expiration dates, minimum purchase requirements, and other restrictions. Promotional values may be cancelled, and restrictions associated with promotional values may be modified, at any time. The promotional values are not transferrable, may not be sold, and cannot be combined with other offers.
The promotional value of a traditional Boomerang Gift Voucher will EXPIRE on the date specified on the face of the voucher, unless prohibited by law. The amount paid WILL NEVER EXPIRE.
A Paid Gift issued through Boomerang that remains unclaimed by the owner for more than seven years after becoming payable or distributable is presumed abandoned. The amount presumed abandoned is the price paid by the purchaser for the gift.
- Identification of the Gift and Gift Voucher and the Merchant from which you sought to redeem the Gift Voucher;
- Information regarding the date, time and circumstances under which the Merchant refused to redeem the Gift Card;
- The email address associated with the Social Network account that you used to access the Boomerang Platform; and
- A statement, which is legally binding, in which you certify that the Gift Voucher has never been redeemed with the Merchant.
- Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited.
- Gifts may not be redeemed as payment for taxes, tips, prior balances, shipping or handling. Neither Boomerang nor its Merchants are responsible for lost or stolen Gifts or Gift Vouchers.
If a Merchant or venue refuses to honor any voucher, Boomerang will refund the amount paid upon request in the original form of payment. In order to receive such credit, you must provide the following information, in writing, to firstname.lastname@example.org:
Boomerang provides and sells Gifts to be redeemed at the physical businesses or online stores of its Merchants. However, the Merchants are the issuers of the Gifts and the sellers of the products or services for which Gifts and Gift Vouchers can be redeemed. By receiving a Gift and Gift Voucher, the user acquires only the right to redeem the Gift Voucher at the business of the participating Merchant in accordance with the terms set out in this Agreement and the terms of the specific Gift. Boomerang does not have any responsibility for the quality of the products or services provided by Merchants, and Boomerang expressly disclaims any and all liability for any direct or indirect damages, costs or other losses related to products or services provided by Merchants to users.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Boomerang is not responsible for and does not endorse any such third-party content or services. These other websites are not under Boomerang's control, and you acknowledge that Boomerang is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Boomerang or any association with its operators, or any third-party service providers, products, services, opinions, or websites accessed through the Service. You further acknowledge and agree that Boomerang shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
This Agreement will become effective between you and Boomerang from the moment you open or select a Boomerang gift or create an account by allowing allow Boomerang to connect to your Social Network account. Should you be dissatisfied with Boomerang or the content on Boomerang, or should you for any other reason want to terminate your Boomerang Account, you are entitled to do so without prior notice by removing the software from your Device or terminating your Boomerang Account. However, we may retain any information you have submitted for our records.
The communications between you and Boomerang are done by the use of electronic means, whether you visit the website, send us email, or whether Boomerang posts notices on its website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Boomerang in electronic form and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that Boomerang provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Integration and Severability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BOOMERANG AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS ADVICE OR AS AN ENDORSEMENT OF ANY PLACE, ACTIVITY, EXPERIENCE, OR BOOMERANG. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.
Limitation of Liability
IN NO EVENT SHALL BOOMERANG, NOR ITS DIRECTORS, EMPLOYEES, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Copyright and Trademarks
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You may, to the extent the Site expressly authorized you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Boomerang grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and/or Services and the Content 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, provided that you keep all copyright or other proprietary notices intact. Use, reproduction, modification, distribution, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Boomerang, or from the copyright holder identified in such Content's copyright notice.
If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You further agree that in the event of any actual or threatened breach of this section, Boomerang shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.
Copyright Policy and Digital Millennium Copyright Act Notice
Boomerang reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
Boomerang has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Boomerang's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Boomerang's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (2) Identification of works or materials being infringed; (3) Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Boomerang is capable of finding and verifying its existence; (4) Contact information about the notifier including address, telephone number and, if available, e-mail address; (5) A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; (6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you believe that Content residing on or accessible through the Boomerang’s website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Boomerang will terminate such content provider's, member's or user's access to the service.
Once proper bona fide infringement notification is received by the designated agent, it is Boomerang's policy:
The Designated Agent is Zachary Smith, 600 W Chicago Ave, Ste 700, Chicago, IL, 60654 (email: email@example.com).
If you have any comments or questions regarding Boomerang, or you want to report a malfunction or problem, please email firstname.lastname@example.org or send us mail to our postal address of Boomerang, 600 West Chicago Ave, Suite 700, Chicago, IL 60654 Attn: User Care. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.