Site Terms of Service, an Enforceable Legal Agreement.
These Terms of Service and our Privacy Policy (together with the “Terms”) govern all use of https://gemes.bboooster.com and this site’s services (together with the “Site” or “Services”). The Site is owned by PE Bohdan Zheliak located at 17/36 Kolessy St, Lviv, Ukraine, 79000. The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or their Services, and (or) by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.
Responsibility of Website Visitors
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material s content, use or effects. By operating the Website, we do not represent or imply that it endorses the published materials, or that it believes such materials to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted there. ANY DAMAGES THAT THE USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY THE USER TO THE SITE OWNER DURING THE 12 MONTHS BEFORE THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the making of any changes to this Agreement constitutes acceptance of those changes.
This Agreement constitutes the entire agreement between this website and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of this website, or by the posting by this website of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by our laws, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed by such Rules.
The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party's original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by its terms and conditions; we may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The Site will not be liable for any damages incurred as a result of any loss, disclosure, or third-party use of information, regardless of whether such disclosure or use is with or without the User’s knowledge or consent. The Site shall have no liability for any damages related to the User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in tided below.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDE THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Liability Is Limited
THE SITE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BECAUSE OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFER, OR ANY ACT BY SITE USERS. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT THE USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY THE USER TO THE SITE OWNER DURING THE 12 MONTHS BEFORE THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
The Site will not be liable for any damages incurred as a result of any loss, disclosure, or third-party use of information, regardless of whether such disclosure or use is with or without the User’s knowledge or consent. The Site will have no liability for any damages related to the User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the website and webpages to which our website links, and that link to us. We do not have any control over that external website and webpages, and we are not responsible for their contents or their use. By linking to external websites or webpages, we do not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of the external website and web pages.
Third-party products, links, and actions
The Site may include or offer third-party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third-party products and any linked site have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of this linked site, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about this site, sellers, other users or members, and third parties.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for our users and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
Termination
We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, we can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnity
If your activity or any activity on your behalf creates potential or actual liability for us, or any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defence and judgment, liabilities, legal fees, damages, losses, and other expenses about any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Service.
Intellectual Property
The Site grants the User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site's owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without the written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms, Site's Disclaimer or on other pages of the Site.
All rights not expressly granted in these Terms are reserved by the Site.
Privacy
Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and their Services, User consents to the collection and use (as outlined in the Privacy Policy) of the information, including the transfer of this information to Ukraine and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. Users must also update their data on the Site if that email address changes. The Site reserve the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to confuse with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allow a User to create an avatar or upload a picture, the User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to confuse.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to tools@bboooster.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site's security measures are reasonable in terms of their level of protection but are not helpful if the interactions of you or any other User with the Site are not secure or private.
User Generated Content
If the Site allows Users to generate their content, you are responsible for compliance with these rules and the rules outlined in the Site appendices, such as Rules, Guidelines and Requirements. The Site reserve the right to modify the User-generated content to bring it into compliance with our requirements and/or for its visual or other improvements.
Disputes
We are based at 17/36 Kolessy St, Lviv, Ukraine, 79000 and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Ukraine, without regard to any choice of laws or rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location at 17/36 Kolessy St, Lviv, Ukraine, 79000 will be the only permissible venues for any disputes arising out of or in connection with these Terms or the Site and Services.
ARBITRATION
Notwithstanding anything that may be contrary to the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near 17/36 Kolessy St, Lviv, Ukraine, 79000, under the rules of the Ukrainian Arbitration Association.
Advertising
The Site may include advertisements, which may be targeted for relevance to the Site, queries made, or other information to improve relevance to the Site’s users. The types and extent of advertising on the Site will change over time. In consideration for User access to and use of the Site, User agrees that the Site and third-party providers and partners may place advertising anywhere on the Site. For the remaining terms that will apply to our advertising practices, including the use of your information, see our Privacy Policy.
General
These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between the User and the Site.
Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.
Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.
If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or their Services.
There shall be no third-party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.
Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Terms Contact
If you have any questions about these Terms, please address them to tools@bboooster.com.
Last Updated
These terms were last updated on *2023-05-20*