Revised and valid from May 10, 2018. This version supersedes and replaces all previous versions.
These Terms of Use (“Terms”) govern the use of the Alboom Platform and the services offered by Alboom (“Alboom Services”); including, where applicable, the software included as part of the Alboom Services, including any applications, content, scripts, instruction sets, apps, and any related documentation, when offered by Alboom (or any subsidiaries). These Terms apply to any user (“User”), whether individual or legal entity, accessing and/or using the Alboom Services, unless there is a specific contract signed between Alboom and the User. Additionally, some Alboom Services may have special usage conditions (“Additional Terms”), as indicated. In case of any conflict between these Terms and the Additional Terms, the Additional Terms will prevail. All technical documentation, including manuals, sheets, usage guides, etc., when provided for each Alboom Service, will prevail over these Terms.
Licenses and Alboom Services
1.1. Licenses
Subject to these Terms, Additional Terms, and applicable legal provisions, Alboom grants the User the right to access and use the Alboom Services. This license does not imply the transfer of Alboom’s (and/or its licensors’) intellectual property rights, which will remain solely owned by Alboom. Alboom reserves all rights not expressly granted by these Terms. Alboom may not make some Alboom Services or features available in certain countries. Not all Alboom Services are available in all languages, or adapted to local practices and regulations. Not all Alboom Services are available for all operating systems, and Alboom does not guarantee compatibility with any hardware or software. It is the User’s responsibility to ensure that their use of the Alboom Platform complies with local laws.
1.2. Special Versions of Alboom Services
Alboom may offer services in “free”, “trial” or “evaluation”, and “beta” or “pre-launch” modes, whose use is limited, does not represent the final product experience, and may contain bugs that could cause failures and data loss. Alboom may discontinue these modes, restricting or removing access to Alboom Services, at any time, without prior notice. The choice to use these versions is at the User’s own risk.
1.3. Modifications to Alboom Services
Alboom may modify, update, or discontinue an Alboom Service (including any of its parts or features), or license or service metrics, at any time, without liability to the User or third parties. Alboom will make reasonable efforts to notify the User in advance, providing a reasonable time to download the User Content. Alboom will refund or compensate the User for amounts paid in advance for discontinued Alboom Services.
1.4. Values and License Metrics of Alboom Services
The values and measurement methods for billing Alboom Services are as described on the Alboom Platform interface at the time of contracting and formalized via the Alboom Platform. Offers and promotions may not apply to automatic renewals, in which case renewals will follow the applicable values at the time. Alboom is not responsible for offers of Alboom Services made contrary to its pricing policies, even if such offers were made by Alboom’s official partners.
Content
2.1. Alboom Content
All pre-existing content developed by Alboom (and/or its licensors), and/or that may be developed by Alboom (and/or its licensors) and made available as part of the Alboom Services, including but not limited to image files, text, audio, templates, wireframes, etc., will be considered Alboom’s (and/or its licensors’) intellectual property and may not be used by the User except as expressly authorized. The User may not claim any intellectual property rights over Alboom Content or derivative works.
2.2. User Content
All content developed by the User (and/or its licensors) and hosted on the Alboom Platform, including all information and exchanges between the User and their users. The User declares to own and/or have all necessary licenses and/or permissions for the use of User Content on the Alboom Platform and is solely responsible for the legality and maintenance of User Content. Alboom does not review, verify, or audit content uploaded to the Alboom Platform but may use available technologies or processes to identify certain types of illegal content (e.g., child pornography) or other abusive content or behavior (e.g., patterns of activity indicating spam or phishing, or keywords indicating adult content posted in inappropriate places).
2.2.1. Storage of User Content
The storage services offered by Alboom are subject to (i) optimized compression routines, (ii) technical limits such as file size/type, storage space, processing capacity, and (iii) potentially, unauthorized access and/or data loss. Therefore, Alboom’s storage services should not be considered as “backup”. The User is solely responsible for storing and performing “backups”. The User is solely responsible for extracting User Content from the Alboom Platform before the end of the Alboom Services for any reason. Alboom is not obliged to keep User Content available on its Platform after the Alboom Services have ended. Due to technical limitations and/or to allow proof of use of Alboom Services, some parts of User Content may remain on Alboom’s servers, without this being considered a contractual violation by Alboom.
2.2.2. Sharing of User Content
The User is solely responsible for using the sharing or publishing options for User Content available through the Alboom Platform, including email sending, transmission (live or offline), uploading, or making available through the use of hashtags, or any other means or technology provided by the Alboom Platform. The User acknowledges that other users may use, copy, modify, or otherwise share User Content shared through the Alboom Platform. It is the User’s sole responsibility to inform their users (even if they are given login and password) about the limitations and permissions for sharing or using User Content.
2.2.3. Access Levels to User Content
Alboom does not monitor or control how the User uses User Content. The User is, therefore, solely responsible for determining the limitations and access levels applied to User Content. If the User does not select an access level, Alboom may assume the most appropriate configuration for the performance of the Alboom Platform, which may be the most permissive.
2.2.4. Assignment of User Content
Alboom may allow, through its Alboom Services, the User to assign, for a fee or free of charge, through a license or any legally valid means, part of the User Content to third parties. In this case, Additional Terms may apply, and the terms of assignment may be those defined by the User or by Alboom, at the User’s option.
2.2.5. Use of User Content by Alboom
By using the Alboom Services, the User agrees to grant Alboom a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate User Content as necessary, in response to the options selected by the User (such as when the User opts for private storage or shares their content with others). This license is solely for the purpose of operating or improving Alboom Services. Alboom will only access, view, or listen to User Content in a limited manner, for the non-exclusive purpose of, for example, (i) responding to support requests; (ii) detecting, preventing, or addressing issues of fraud, security, illegality, or technical issues; etc. This use includes generating data from analyzing User Content, which may be obtained through machine learning or any other technique available to Alboom. Additionally, Alboom may disclose information about User Content, (i) when required by law (e.g., when receiving a valid notice or warrant); (ii) to respond to support requests; or (iii) when, at Alboom’s discretion, necessary to protect rights, property, or personal safety, of Alboom, its users, or the public.
2.2.6. Reported User Content
The User agrees that User Content may be “reported” if other users of the Alboom Platform find it offensive or disturbing, infringing third-party intellectual property rights, or violating these Terms.
2.2.7. Public Profile
The User agrees that their public profile, understood as the set of information identifying and individualizing them on the Alboom Platform and all information provided publicly or openly by the User, may be used by Alboom in other Alboom Services, even if not contracted by the User, always with the purpose of offering better integration and user experience and improvement of Alboom Services. Alboom may use the User’s public profile to identify them as an Alboom Services user, including to third parties or for Alboom marketing purposes. The User may opt out of allowing the use or sharing of their public profile.
User Obligations
3.1. Account Security
The User must (i) not share their account information with third parties, except with an authorized account administrator; (ii) not use another person’s account. The User must immediately inform Alboom support upon becoming aware of any unauthorized use of their account. The User must also be responsible for the content of comments made on the Alboom Platform.
3.2. Content Licensing and Permissions
When uploading User Content to the Alboom Platform, the User must ensure they have: (i) all necessary licenses and permissions to use and share User Content; and (ii) the rights necessary to ensure the licenses described in these Terms.
3.3. Prohibited Use of Alboom Services
The User must not use Alboom Services in any way that: (i) violates laws, regulations, or third-party rights; (ii) creates or promotes illegal content; (iii) includes malware or other malicious content or activities; (iv) causes interference, damage, or disruption to Alboom Services or other services; (v) violates Alboom’s policies, as described in these Terms.
3.4. Fees and Payments
The User must pay all applicable fees for the use of Alboom Services as specified on the Alboom Platform interface or contract. All fees are non-refundable except as required by law or as expressly stated by Alboom. If the User does not pay the fees due, Alboom may suspend or terminate the User’s access to the Alboom Services.
3.5. Content Violations
The User must adhere to Alboom’s guidelines for content, including restrictions on harmful or illegal content. Alboom reserves the right to remove or block User Content that violates these Terms or applicable laws.
Termination
4.1. Termination by User
The User may terminate their account at any time, in accordance with the procedures outlined on the Alboom Platform. Termination will result in the loss of access to the Alboom Services.
4.2. Termination by Alboom
Alboom may terminate or suspend the User’s access to Alboom Services, at its sole discretion, if the User violates these Terms, fails to pay fees, or engages in behavior that Alboom deems harmful or inappropriate.
Liability and Indemnity
5.1. Alboom’s Liability
Alboom is not liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of Alboom Services. Alboom’s liability for any claim arising from these Terms is limited to the amount paid by the User for the Alboom Services in the six months preceding the claim.
5.2. Indemnity
The User agrees to indemnify and hold harmless Alboom and its affiliates from any claims, losses, damages, or expenses arising out of their use of Alboom Services or violation of these Terms.
Dispute Resolution
6.1. Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction where Alboom operates.
6.2. Dispute Resolution
Any disputes arising from or related to these Terms or the use of Alboom Services will be resolved through arbitration or mediation, as determined by Alboom.
Miscellaneous
7.1. Amendments
Alboom may amend these Terms at any time. The User will be notified of any material changes and must agree to the updated Terms to continue using Alboom Services.
7.2. Entire Agreement
These Terms constitute the entire agreement between the User and Alboom regarding the use of Alboom Services and supersede all prior agreements and understandings.
7.3. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
7.4. Waiver
Alboom’s failure to enforce any provision of these Terms does not constitute a waiver of such provision or the right to enforce it.
By using Alboom Services, the User agrees to these Terms of Use.
