TERMS AND CONDITIONS
OF THE WEBSITE
1. Owner of the Website.
BOOM IMAGE STUDIO S.p.A (“BOOM“) is the owner and manager of the website www.boom.co, including the app.
Pursuant to articles 7 and 12 of the Italian Law Decree n. 70 of 9.4.2003, BOOM hereby communicates what follows.
Service provider of this terms and Conditions is:
BOOM IMAGE STUDIO S.p.A, with registered office in via Galvano Fiamma, 18, 20129 Milan (MI) ITALY, FISCAL CODE and VAT NUMBER 10189460966, registered email: [email protected], registered c/o Milan Monza Brianza Lodi Chamber of Commerce, share capital 12.857,14 euro.
Email address for communications: [email protected]
BOOM: means the company BOOM IMAGE STUDIO S.p.A.;
WEBSITE: means the website www.boom.co and the app, owned by BOOM;
USER: means an user of the Website, adult pursuant to Italian law and acting as professional pursuant to Italian Consumer Code (“any natural or legal person who is acting for purposes related to his trade, business or profession, or his intermediary”).
SERVICE: means the photo/video shoot service requested by the User to BOOM by means of the Website;
CONTENTS: means the photo/video or other contents realized by BOOM during the execution of the Service and edited through its software and granted in license to the User;
ACCOUNT: means the personal account created by the User.
3. Scope and use of the Website.
3.1. The website offers to its registered Users the possibility of booking, requesting the realization of photo/video shoots to professionals that collaborate with BOOM and obtaining in license the Contents realized.
3.2. The Website is accessible only to Users as herein above defined.
3.3. The general terms and conditions hereby (hereinafter “Terms and Conditions”) apply to all the requests of Service forwarded by Users.
3.4. Terms and Conditions shall be applicable also to new services that BOOM may offer in future, unless otherwise provided.
3.5. BOOM recommends the User to print a copy of the terms and Conditions and/or to save a copy of them on durable medium.
4. Area of application.
4.1. These Terms and Conditions are applicable to all the requests of Service forwarded by the User through the Website.
4.2. These Terms and Conditions may be amendment from time to time, without prejudice to right of withdrawal of the User under article 4.4 herein below. Any amendment and/or new provision shall be applicable at the time of publication in the section of the Website “Terms and Conditions”.
For this purpose, BOOM recommends the User to check frequently the Website in order to check the publication of the latest Terms and Conditions.
4.3. Terms and Conditions applicable are those in effect at the time of the request of Service.
4.4. In case the User does not intend to accept the amended Terms and Conditions, he has the right to withdraw by means of registered letter or email with prior written notice of 7 days.
4.5. This Terms and Conditions do not regulate the supply of services of third parties different from BOOM that may be displayed on the Website through link, banner or other hyperlink. The User shall check in advance the terms and conditions applied by those third parties before entering into any commercial transactions with them. BOOM is not responsible for the supply of services of those third parties.
4.6. The User is responsible for the use of the Website. BOOM shall not be deemed responsible in case of use by any of its User not in compliance with applicable law, the Website or contents, to the maximum extent provided by law.
In particular the User shall be the sole responsible for the communication of info and data correct, false or belonging to third parties without having achieved their consent, or for the improper use of the same.
Moreover, since Contents will be downloaded or in any case obtained through the Website by means of transmission and connective system of the User, each User shall be responsible for possible damages to computers or loss of data caused by its downloading operations. BOOM hereby declines any responsibility for possible damages related to the inability to access the services on the Website or for possible damages caused by virus, corrupted file, error, omission, interruption of service, cancellation of contents, problems related to connection, provider or to telephone connection/telematics, unauthorized access, alteration of data, misuse or failed operation of the User’s equipment.
5. Registration on the Website.
5.1. The User shall access its Account, that is priory created by BOOM, In order to file a request of Service.
5.2. Access to the Website is possible as long as the Website is online. BOOM may at its discretion send offline the Website and may not be deemed responsible for the temporary unavailability, for any reason, of the Website.
5.3. Registration on the Website is free. Registration is confirmed by an email sent to the address provided by the User.
5.4. The Account is personal and can be used only by the User. The User shall promptly give notice to BOOM in case of improper use of its Account. The User may amend login credentials any time by sending a request to [email protected].
5.5. The User grants that Account’s info is complete, correct and true. The User agree to keep and hold Boom harmless for any request, sanctions related and/or in any way connected to the breach of the User of the provision on registration to the Website. The User is the sole responsible of the access to its Account on the Website and is responsible for any damage to BOOM and/or third parties caused by lost, improper use by third parties or lack of security of its Account. Any operation run through the Account is deemed as carried out by the User to whom the Account is referred.
5.6. Each User may register only once. Multiple registration will be cancelled.
5.7. In the personal area “LOG-IN“ of the website, the User may check Services booked, status of each Service and download Contents.
5.8. BOOM reserves the right to refuse, upon its own discretion, the registration of any user. Moreover, BOOM reserves the right to refuse request of Services from anyone that results to be irregular or improper.
5.9. The User may at any time cancel its registration by sending a request to BOOM via email to [email protected].
Description of how the Website works
6. Book a request of Service.
6.1. The User, by entering into its Account, in the section LOG-IN of the Website, may send a request of service to BOOM.
6.2. The User shall fill in the electronic form and submit it electronically to BOOM, following the instructions that will appear from time to time on the Website for the different steps.
6.3. In particular the User shall explicit in its request of Service, by means of a digital calendar:
- Time, place, main characteristics and information on the Contents required;
- Type and quantity of Contents required.
6.4. The User before submitting the request of Service may amend/check data inserted.
6.5. The User may cancel its request of Service within 24 hours from the agreed time for the realization of the Service. In case of cancellation with less than 24 hours of notice, BOOM reserves the right to a liquidated damage fee as agreed with the Users.
7. Acceptance of the request of Service.
7.1. The Service is deemed accepted by BOOM after the User has accepted the terms and Conditions by clicking on the relevant box and has verified the correct submission of the request of Service on the Website.
7.2. The User shall pay the price of Contents required according to the conditions forwarded by BOOM and accepted by the User.
7.3. BOOM shall realize the Service, create and share the Contents with the User.
7.4. User can choose (i) to download the Contents in its Account; (ii) to integrate a third party file storage (as a way of example Google Drive, as the case may be) to its Account; (iii) to receive the Contents by email; or according to what agreed with BOOM.
7.5. If the User accepts to integrate a third party file storage to its Account, BOOM will upload the Contents directly in such file storage folder created by the User for BOOM. BOOM is not responsible for such service of file storage run by third parties. BOOM recommends the User to read carefully third parties terms and conditions. BOOM will not be responsible for the management of the folder, including any possible data contained therein.
7.6. The User can ask BOOM to share the Contents with a third party by submitting a request in its Account and indicating the email of such third party. It is understood that the User shall have achieved the previous consent of the third party before entering its email. The User shall remain the sole responsible for the use of such third party data.
7.7. It is understood that it is the User’s sole responsibility to make places / objects, etc. available for the realization of the Contents.
7.8. Any cancellation/amendments of the request of Service are subject to the terms and conditions agreed by the Parties for each Service.
7.9. Each Service accepted and the related form will be stored in the BOOM database for the time necessary to process it and, in any case, according to law.
To access its Service, the User can consult the “My Profile” – “Shootings” section on the Website.
7.10. Being finalized the Service, BOOM can request the User to evaluate the Service itself. Evaluation is optional. In the event that the User provides an evaluation, such evaluation will be communicated to the relevant photographer partner of BOOM in an aggregate form together with BOOM’s evaluation.
8. Contents of the Website and Intellectual Property Rights.
8.1. The contents of BOOM, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including graphics, colors, charts, tools, characters and design, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property rights of BOOM and of other rights holders. Any reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Website is forbidden unless previously authorized in written by BOOM. It is also forbidden any use of the contents of the Website for commercial and/or advertising purposes.
8.2. Any use of the aforementioned distinctive signs not in compliance with the law and/or unauthorized is prohibited. It is in any way prohibited to use any distinctive sign on the Website in order to take unfair advantage of the distinctive character or the reputation of these or in such a way as to harm them and their owners.
8.3. The User may not in any case alter, change, modify or adapt the Website, nor the material made available by BOOM.
9. Errors and limitations of liability.
9.1. The information relating to the services provided through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors of which BOOM can not therefore be held responsible, except in cases of willful misconduct or gross negligence.
9.2. Except for willful misconduct or gross negligence, any right of the User for damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by non-acceptance or realization, even partial, of a Service, is excluded.
9.3. These Terms and Conditions are written in Italian and English, in the event of a discrepancy between the two versions, the Italian language shall prevail.
10.1. Any complaint shall be forwarded to BOOM by calling 02.49693763 or sending an email to [email protected].
11. Applicable law and jurisdiction.
11.1. These Terms and Conditions and the agreement between the User and BOOM are agreed in Italy and governed by Italian law.
11.2. For the resolution of disputes concerning the interpretation, execution or termination of these Terms and Conditions or for each request of Service, the Court of Milan shall have the exclusive jurisdiction, with the exclusion of any other competent Court.