Terms & Conditions
Updated March 22, 2022
Thank you for using Boostcollective.ca (“Boost Collective”). These Terms of Service (the “Agreement”) is a binding contract between you and Boost Collective (the “Company”). By accessing Boost Collective or making any purchase from the Company, you agree to be bound by this Agreement in full. By accessing Boost Collective, making a Boost Collective account, using the Boost Collective Platform or purchasing any of the Boost Collective Services, you indicate your acceptance of this Agreement and its terms and conditions.
Additional terms and conditions may apply to additional areas of the website or to particular negotiations or content posted on the site, in conjunction with the actual Terms of Service Agreement.
Boost Collective holds the right to make changes to the Agreement at any time. Customers who use the Boost Collective agree to follow any change or modification and are bound to the modified Terms of Service Agreement. The current revision date of the Terms of Service is listed above.
Boost Collective provides certain services, including social media engagement and subscriber services (collectively, the “Services”). The Services may be purchased online through Boost Collective. By purchasing any Services, you agree to pay the indicated purchase price and further agree that (a) you have the authority make such a purchase, (b) you have the authority to use or access the social media account linked to the purchase, and (c) you will not use the Services for any fraudulent or illegal purpose whatsoever.
You acknowledge and agree that all sales are final and that refunds will only be offered if our team not possible to complete your order. Other refunds will only be granted in the sole discretion of the Company.
TERMS OF ACCESS AND USE
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. By accessing the Site and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction, and that you are either an individual acting on your own behalf, or the authorized agent of another individual or business. Your use of the Site and the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Site and the Services. The rights granted to you by these Terms may be revoked by Boost Collective at any time, in its sole discretion.
REGISTRATION AND ACCOUNTS
In order to use certain features of the Site or Services, you may be required to register for an account ( “Account”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.
USER CONTENT AND ACTIVITY
The features and functionality of the Site and/or Services may allow users to submit, upload, store and/or share reviews, comments, questions, messages, audio, images, artwork, photographs, text and other content, information or materials ( “User Content”) directly through the Site and/or Services, and users shall be able to share such User Content using the features made available by the Site and/or Services from time to time. The functionality of the Site and/or Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to and share. Other features of the Site and/or Services may enable users to privately submit and share messages between users or to upload files to store and share for private use. The foregoing activities described in this paragraph are sometimes collectively referred to herein as “User Activity”.
You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication and/or other exploitation of your User Content. Between you and Boost Collective, Boost Collective does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying or otherwise submitting User Content to any part of the Site and/or Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Site and Services.
Accordingly you represent, warrant and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you, in the public domain throughout the world or used by you with the express consents, permissions or licenses necessary from the original owner(s) of such materials for use by you and us pursuant to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) Boost Collective shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Services or otherwise in connection with these Terms; and (e) none of your User Content or Direct Messages contain material which is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”;
Boost Collective reserves the right to reject and/or remove any User Content, Direct Messages or other content that Boost Collective believes, in its sole discretion, violates these provisions. Boost Collective takes no responsibility and assumes no liability for any User Content and/or Direct Messages that you or any other users or third parties post, use, store or share through the Site and/or Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content or Direct Messages that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. Boost Collective is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Boost Collective shall not be liable for any damages you allege to incur as a result of such User Content.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree not to submit User Content and/or Direct Messages, or otherwise take part in User Activity that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or other third party;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or contains any information or content that you know is not correct and current.
In addition to the restrictions listed above, you may not:
rent, transfer, assign, resell or sublicense access to the Site and/or Services to any third-party;
combine or integrate the Site and/or the Services with hardware, software or other technology or materials not provided by us;
modify or create any derivative product based on the Site and/or the Services;
decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and/or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code;
use the Site and/or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site, Services or servers or networks connected to the Site and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or Services;
use any high volume, automated, or electronic means to access the Site and/or Services (including, without limitation, robots, spiders or scripts); or
frame the Site and/or Services, place pop-up windows over its pages, or otherwise affect the display of its pages, without our prior written consent.
Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.
As between you and us, we retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. All rights in and to the Site and the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. All trademarks, logos and service marks ( “Marks”) displayed on the Site or Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by Boost Collective.
We respect the intellectual property rights of others. If you believe that any content on our Site and/or Services infringes upon your copyright or the copyright of someone you represent, please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Â§ 512(c)(3) and include the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) a description of where the material that you claim is infringing is located on the Site and/or Services, and information reasonably sufficient to permit us to locate the material;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated Copyright Agent for notice of claims of copyright infringement is:
180 Northfield Drive West, Waterloo, Ontario, Canada, N2L0C7 Email: email@example.com
In accordance with the DMCA and other applicable law, Boost Collective has adopted a policy of terminating, in appropriate circumstances and in Boost Collective’s sole discretion, users who are deemed to be repeat infringers. For the avoidance of doubt, the foregoing sentence in no way limits Boost Collective’s right to limit access to the Site and Services and/or terminate the Accounts of any users for any reason, in Boost Collective’s sole discretion, including, without limitation, in the case of users who infringe, or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notice. Thus, if you are not sure that material located on or linked to by the Site and/or Services infringes your copyright, you should consider first contacting an attorney.
LINKS TO THIRD-PARTY WEBSITES OR SERVICES
You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site ( “Third Party Services”). For example, we may include links to various digital music services. If you elect to use such Third Party Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that Boost Collective is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third Party Services or any transactions or use thereof. Where the Site includes any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third Party Services.
HOLD HARMLESS AND LIMITED LIABILITY
You agree to use the Site and/or Services at your own sole risk, and agree to hold harmless Boost Collective and its licensors and/or any of our or their respective successors and assigns from any and all liability, harm, damages, costs (including attorney's fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Site or Service, any violation of these Terms or of applicable law, or any third party claim of infringement of any Intellectual Property Rights, or any other right, arising from the hosting, making available or any other use of your User Content on the Site and/or Services. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards Boost Collective for the use of the Site and/or Services or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.
ALL INFORMATION, CONTENT AND MATERIALS PROVIDED VIA THE SITE AND/OR SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE OR SERVICE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW. NEITHER BOOST COLLECTIVE NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE OR SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
We may change these Terms from time to time, and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately upon your assent thereto. Continuing use of the Site and the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
All content, including text, images, sound, video, and code (collectively, the “Intellectual Property”) found throughout Boost Collective is the intellectual property of the Company and is protected by applicable U.S. and foreign copyright, trademark, and patent laws. These belong expressly to Boost Collective or other copyright owners who have given express authorization to use their information on the Boost Collective website.
LIMITATION OF LIABILITY
Under no circumstance shall the Company be responsible for any damages, liabilities, or losses, whether sounding in contract, tort, or otherwise, arising out of your use of Boost Collective or the Services. You understand and acknowledge that your use of the Services and the Platform is at your own risk.
You agree to indemnify, defend and hold harmless Boost Collective from any claim arising out of, relating to, or connected with your use of Boost Collective or the Services. You must also indemnify, defend, and hold the Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement.
You agree to solely use the website for lawful purposes, and not to compromise the security of the website, render it inaccessible to others or cause damage to the content, service or website. As a user you agree to refrain from any action that may add, subtract or modify the content of the site. You agree to refrain from accessing content without permission and will not use the website in any way other than the way it is intended.
The company shall keep confidential any information you submit to the Company as it relates to your Boost Collective account or processing of any order for Services. Any other material or information sent to the website will be considered non-confidential. You hereby grant the Company the royalty free irrevocable permission to use, display and distribute in whole or in part, the submission in any manner it sees fit.
CORRECTION OF INACCURACIES
Boost Collective reserves the right to correct any errors or inaccuracies in the content on the website, or to change and update the content at any time without giving prior notice. However, Boost Collective does not guarantee that errors, inaccuracies or omissions will be corrected immediately.
This Terms of Service Agreement with Boost Collective constitutes the entire agreement between all parties with respect to the subject matter hereof.
TERMINATION OF SERVICE
The term of this Agreement will begin upon purchasing Services from Boost Collective and/or upon making a Boost Collective account and will end when terminated by either party. If Boost Collective determines, in its sole discretion, that you are abusing the system, the company (without limiting any other rights or remedies available to it) withdraw your participation and withhold any amount to you.
DELIVERY OF THIRD-PARTY MARKETING CAMPAIGNS
You may not run other marketing campaigns while your Boost Collective marketing campaign is running. We use public statistics to measure the results of our campaign, which other campaigns may interfere with. If you do run other marketing campaigns simultaneously with Boost Collective’s marketing campaign, then you agree that the Company is responsible for every fan, follower, view, comment, like, visit, and/or vote that you gain during the duration of your Boost Collective marketing campaign. Running other marketing campaigns simultaneously with Boost Collective’s marketing campaign does not make you eligible for any partial or full refunds.
DELIVERY: PLAYLIST CAMPAIGNS
Upon placing an order, you will immediately receive an order confirmation email and your campaign will begin within seven days, usually less. Your campaign will continue to run until you have been added to the number of playlists advertised.
We do not guarantee streams, listeners, followers or fans for any Spotify playlist you select to be added to. Any playlist follower count, estimated stream count, and other playlist statistics mentioned on the Boost Collective website (and its subdomains), by Company employees, in any chats, emails, phone conversations, or any other correspondence is not a guarantee of streams, listeners, followers, or fans. Any estimations or statistics provided by the Company regarding Spotify playlists are guidelines designed to help our customers better plan their campaigns.
DELIVERY: SERVICE DURATION
We cannot and do not make any guarantees about how long a service will take to successfully complete. Any time frames mentioned on the Boost Collective website (and its subdomains), by Company employees, in any chats, emails, phone conversations, or any other correspondence is not a guarantee of how long it will take a service to successfully finish. Any estimate provided by the Company regarding how long a service may take to successfully finish is simply a guideline designed to help our customers plan ahead.
DELIVERY: PAUSING CAMPAIGNS
By signing up for Boost Collective’s services, you agree that Boost Collective reserves the right to pause your campaign for any reason and without any notice. It is always our goal to deliver your order as quickly and safely as possible; however, there may be certain circumstances such as a page actively losing followers or an upgrade performed to a Social Network that may make pausing your campaign necessary. Pausing a campaign does not make you eligible for any partial or full refunds.
You may not change, modify and/or remove your account, username, photo and/or video, or link while your Boost Collective marketing campaign is running. Doing so may make your account, photo and/or video inaccessible and cause an interruption of our service. You agree that any changes, modifications and/or removal of your account, username, photo and/or video without prior notice and approval from Boost Collective, will make your affected order(s) subject to terminations and ineligible for any type of refund.
SOCIAL MEDIA ACCOUNTS
The company shall in no way be liable for any accounts, photos, videos, and/or tracks and that are removed due to our services being implemented or your interaction with Boost Collective. It is nearly impossible to determine why Soundcloud suspends or delete accounts or content. All purchases of Services are made at your own risk. Due to this we cannot refund after services have been completed if this has occurred to an account/content.
PAYMENTS & REFUNDS
The worth for Boost Collective services is provided on the respective service page. Boost Collective reserves the right to modify such price from time to time without serving a prior notice. The price or payment shall refer to the updated price of the package.
The pricing page forms the part of the TOS.
Boost Collective accepts payments through Stripe.
The payment created for the Services by the consumer to Boost Collective is refundable if we are unable to fulfill the service(s) advertised.
OVER-DELIVERY OF SERVICE
Boost Collective may over-deliver the Services it guarantees, including but not limited to delivering extra placements or Boost Collective credits than ordered. This over-delivery amount (“Extras”) should be considered a buffer, in the event of a small loss of followers or subscribers. Extras are not covered by the Company’s Retention Guarantee and Extras are not eligible for replacement in the case of a loss that is equal to or less than the over-delivery amount.
We not affiliated with Soundcloud, Spotify, Apple or Facebook. Soundcloud, Spotify, Apple and Facebook brands are registered logos of their individual owners.
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