TERMS AND CONDITIONS BOOMDIRECT ADDENDUM
( November 6th 2016 )
BOOMDIRECT’S STRATEGIC REORIENTATION COPY TRADING IN PARTNERSHIP WITH BOOMFOREX
Please read the following terms and conditions thoroughly (« conditions »), as well as the appendix attached to the present document before using the Website (« Site »).
By accessing the Site and therefore all other related functions, you are agreeing to comply with and are bound by the amended terms and conditions, on Novembre 6th, 2016.
Please take notice that the primary concerned by this transformation are all BOOMDIRECT’s Members.
TERMS AND CONDITIONS
The following consists of the terms and conditions governing the BOOMDIRECT Site, which you have to read carefully to fully understand the functioning of the site, all services offered as well as its limits. By accessing any part of the Site or any content or services hereof, you agree to become bound by these Terms. If you do not agree to all the Terms, then DO NOT access the Site or use the content or any service on this Site. This Site is intended solely for access and use by individuals who are at least eighteen (18) years old and above. By accessing and using our Site, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By using the Site you accept the risks that online transactions may involve.
2. WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
The Website and its content is provided « as it is » and « as available ». There are no representations or warranties, express or implied, regarding this Site. With regards for the applicable law, Boomdirect disclaims all warranties and representations of any kind, including any implied warranties of merchantability of fitness for a particular purpose, non-infringement of third party rights, freedom from viruses or other harmful of potentially damaging code. Boomdirect does not warrant the accuracy, adequacy, or completeness of the information and materials contained on the Website and expressly disclaims liability for errors or omissions in the materials and information. Furthermore, without limitation neither Boomdirect or its affiliates will be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in this Website, any incompatibility between the Website and user files, browser or other accessing program, or any other problems experienced but the user due to causes beyond Boomdirect’s control.
Regardless of the above paragraph, may Boomdirect or its affiliates be held responsible by a court of law, its responsibility can’t in any case exceed your advertising coupons value.
You agree to indemnify and hold Boomdirect, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Services, such as but without limitation, the display posting or the transmission of information or elements on the present site by you or by the users of your account.
4. PENALTY CLAUSE FOR LEGAL PURSUIT
You agree that all legal fees and expenses incurred by a legal pursuit against BOOMDIRECT are covered by the Member who initiates the legal procedures. No amount paid by the Member can be claimed. In the event of a dispute, the Court of Cyprus is assigned to hear both parties.
5. USE OF THE SITE AND PROHIBITIONS
This Site as a personal purpose only and Members on this Website are prohibited to use the services of the Site in connection with any commercial endeavors or ventures. The Boomdirect platform is a social trading network offering ranking positions as well as a ranking supervision. You understand and agree, however, that you will use this Site with a full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.
Furthermore, it is prohibited to post, upload, publish, pass on or to broadcast in any other ways on this Site, information or other elements that :
(a)could be considered as a criminal act, including, but without limitation, any crime related with pornographic activities, threats, intimidation, hatred, aggression or fraud;
(b)could slander, harass or threaten others, abuse of others, either damage or violate otherwise any right established by contract, morals, confidential policy, by the protection of the private or public life or any other law;
(c)could violate intellectual property rights such as, but without limitation, copyrights and trademarks;
(d)could be considered as a wrongful use or the Site or that would be against the law or that could harm the use of this Site by other members, including the posting or the transmission of information or software containing viruses or other harmful elements;
(e)contain unrefined or offensive elements, including but without limitation, elements intended for an adult public;
(i) an advertising, a solicitation or an offer to becoming a membership to any organization;
(ii) surveys, contests or chain-letter petitions;
(g)Encourage or favor one of the forbidden actions expressed in these terms and conditions or incite to it or promote it. Boomdirect has the right at anytime to remove any information, element or contents posted broadcasted, published, passed on or used by you or anyone using your account, on the present site, in its entire discretion and without preliminary notice.
6. NO INVESTMENT RECOMMENDATIONS OR FINANCIAL ADVICE PROVIDED
No aspect of the Site is intended to provide, or should be construed as providing, any investment advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice. If you choose to engage in transactions based on content on the website, then such decision and transactions and any consequences flowing therefrom are your sole responsibility or the responsibility of those who used your account doing so. Every member that wants to do some investments has the responsibility to verify and make research before making a transaction.
You acknowledge and agree that any information posted on the Site by you or anyone using your account (other than confidential information as defined by the Boomdirect Policy on personal information) such as comments, suggestions, ideas, feedback or any other information about the Services ("Submissions"), provided by you to Boomdirect are non-confidential and shall become the sole property of Boomdirect. Boomdirect shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. LINKS & FRAMINGS
The framing, the recovery, the exploration, the extraction and the collection of data of the contents of this Site, under any forms and by any means whatsoever, are formally forbidden. As well, it is forbidden for you to create a mirror of elements contained on this Site.
9. HYPERLINK TOWARD THIS SITE
As a user of Boomdirect you may post and therefore make a direct link between this site and another one if:
(a) you reproduce no element of the contents of this Site;
(b) you do not create any border environment around the Site or around any other content on the Site;
(c) the hyperlink does not suggest that a product or service is recommended by Boomdirect;
(d) the hyperlink posted on this Site contains no unrefined or offensive element, including without limitation, element that were intended for an adult public, contains pornographic elements and;
(e) that the hyperlinked Website to this Site contains no information, no contents and no element which could damage the functioning of the present site or which is slanderous, obscene, excessive or threatening, or consists of an intrusion of private life, violate any intellectual property right or any other law. Boomdirect may, at any time, withdraw your right to post a hyperlink on this Site, without your consent.
10. LINKS TO THIRD PARTY SITES
Certain links provided herein permit you to leave this Site and enter non-
- Boomdirect Websites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of Boomdirect and Boomdirect is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. You further acknowledge and agree that Boomdirect 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 use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
11. INTELLECTUAL PROPERTY RIGHTS
The Website allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the Site and all intellectual property rights related thereto shall remain the property of Boomdirect and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You will not modify, adapt, translate, prepare derivative works from, decompile, disassemble or otherwise attempt to any information which benefits an intellectual property right of any kind. Shall you witness any wrongful use of information that would violate any intellectual property right weather it is yours or another member’s you must report back to Boomdirect immediately.
Boomdirect, Boomdirect.net, Myboomdirect, Myboomdirect.net, BoomTV, BoomUniversity and BoomUniversité are trademarks belonging to BOOMDIRECT LTD or to one of the members of its group in Cyprus. All names of any products, services of business that appear on the Site also belong to Boomdirect or to one of its members or to their respective owners. Therefore it is prohibited to use one of the trademarks without the express and written permission of Boomdirect Ltd or from the owner of the said trademark.
13. NON ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Amendments to this Agreement can be made by us from time to time without specific notice to your end. Amendments of minor importance and the clarifications come into force and effect at the date of their publication, which is posted on the homepage of the Website. The important amendments come into force and effect the day of their publication. The date of publication of every document is indicated at the end of each document itself. The Agreement posted on the Site reflects the latest agreement and you should carefully review the terms before you use our Site again. If you access the Site after an amendment of the present conditions, you agree to become bound by these new conditions.
15. REGISTRATION / RESTRICTIONS
(a) notify us immediately if you suspect any unauthorized use of your Member account or Member profile or access to password;
(b) disconnect your account after using the Site. Boomdirect shall not be held responsible for any damage caused by your failure to comply with this paragraph.
16. CONFIDENTIAL INFORMATION
Boomdirect’s policy regarding confidentiality is an integral part of the present conditions and therefore binds you to these.
If you do not subscribe totally and without limitations to these present conditions, you can ask for a refund in the amount of your predetermined coupons value, in accordance with the compensation plan annexed to the present, within (10) days of the payment of theses coupons and any attributed clients will be reclaim with the according commissions. Your account will be suspended and put inactive indefinitely if a claim is refunded and considered as a breach of conditions to receive commissions.
Failure for Boomdirect to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. This Agreement shall be governed by and construed in accordance with the substantive laws and any action taken on this Site against one of those laws will be punishable by the said law.
In the event that any provision of these Terms is found invalid or unenforceable pursuant to any judicial decree or decision, the remainder of these Terms shall remain valid and enforceable according to its terms. Any dispute, controversy or difference which may arise between the parties, in relation to or in connection with this Agreement, is hereby irrevocably submitted to the exclusive jurisdiction of the Cyprus courts to the exclusion of any other courts.
This Agreement will remain in full force and effect during your whole membership to this Site. You may terminate your membership at any time for any reason by following the instructions on the Site. Boomdirect shall be entitled to terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect and therefore still apply to you.
First published May 10th 2016
Latest update November 6th, 2016
Publication date November 6th, 2016
APPENDIX I ADVANTAGES FOR BOOMDIRECT MEMBERS
1) NO LIMIT TO YOUR GAINS : With the new model, you have no limit to what you can acquire. Your investments are unlimited!
2) SPONSORSHIP COMMISSION : If eligible, remuneration are paid every sunday on each of the five (5) levels of your genealogy. You will be paid a percentage of sponsorship commissions from your downline :
- Level 1 = 10% of commissions
- Level 2 = 10% of commissions
- Level 3 = 10% of commissions
- Level 4 = 10% of commissions
- Level 5 = 10% of commissions
3) MONTHLY COMMISSION : If eligible, receive a monthly pay, the first of the month, based on your social trader rank and the amount of money in the BoomDirect monthly global commission:
50% of the spread of 1.0 pip per trade made on the selected Forex pairs and the CFD's will be transferred in the global monthly commission for each member:
Referred by the Shared Advertising Program
Referred by a commercial affiliate
BoomDirect trading on BoomForex
4) SHARED ADVERTISING COMMUNITY PROGRAM : BoomDirect’s Shared Advertising Community Program is voluntary for members who want to invest in commercial advertising at a cost between $50 and $250:
- 50% of this new customer’s revenues are paid to you directly as sponsorship commission.
- 50% of this new customer’s spread revenues are paid directly into the global monthly income.
5) ELITE TRADER : Refer an Elite trader on the BoomForex platform and receive 10% of his salary.