TERMS OF SERVICE

DISCLAIMER

YOU ARE ONLY ABLE VIEW OR USE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE IF YOU ACCEPT ALL OF THESE TERMS. VIA APP, SMART CONTRACTS, WEBSITE, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU MUST NOT USE THE APP, THE SMART CONTRACTS AND THE WEBSITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

YOUR INSTALL, ENTRANCE OR USE OF THE WEBSITE, APPS OR SMART CONTRACTS CONSTITUTES YOUR AGREEMENTS TO THIS TERMS AND ANY FUTURE REVISIONS.

You are aware that BoomLand does not guarantee any profits in connection with the acquisition of the $BOOM Tokens, and the distribution process of these Tokens is executed via automated smart contracts on the Polygon blockchain network. You are also aware that any content and information contained on the www.boomland.io Website and in the documents mentioned hereinabove are not and shall not be perceived as “an investment advice" or “an investment recommendation" or an intermediary in such activity. Moreover, you acknowledge and fully accept that the activities of BoomLand do not in any way refer to investment, banking, insurance or reinsurance activities.

You are aware that there is a high risk associated with the operation of financial markets or markets related to virtual currencies (cryptocurrencies), in particular in terms of rapid price volatility in these markets, which may result in the loss of all means invested by you. In view of the above, you represent that the exchange (swap) of the $BOOM Tokens is solely your free will, which is preceded by an independently performed analysis of the project operating under the name “BoomLand".

You understand that the blockchain technology is a new technology and you accept all market and technological risks related to the exchange (swap) and use of the $BOOM Tokens and services related to these Tokens, such as e.g., play-to-earn. You also represents that you are not a citizen of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Distribution Process of the Tokens only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts.

You acknowledge and accept that the right to withdraw from the contract in connection with the exchange (swap) of the $BOOM Tokens has been excluded, therefore all transactions of the exchange (swap) of the Tokens are final and there is no possibility of a refund.

Definitions.

  1. Capitalized terms shall have the meaning set forth as below:

  1. BoomLand – jointly the group of:

  1. BoomLand FZ-LLC with its registered office at EIB-621A, Emirates Islamic Bank Building, RAKEZ Business Zone-FZ, RAK, United Arab Emirates, License No.: 45000886;

  2. BOOMLAND GLOBAL spółka z o.o. with its registered office in Gdańsk, at: ul. Zacna 2, 80-283 Gdańsk, Poland, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, under KRS number: 0001058226, NIP: 9571163148, REGON: 526396309 with share capital of 5,000.00 PLN (five thousand 0/100 PLN), paid in full.

  3. Agreement – shall mean these Terms of Service;

  4. Account – an account created by the User in the Service; the User shall make reasonable efforts to ensure the Account’s security, especially the User shall not share the Account or password. If the User suspects that the Account is not secure, including but not limited to its loss or theft, the User shall notify BoomLand and change the Account’s information required to log in. The User is fully responsible for any use of the Account, including but not limited to any swaps, whether authorized by the User or not. Any username may be at any time removed or reclaimed by BoomLand for any reason, especially but not limited to occurrence of third party’s claims that a username may violate that party’s rights. Only one Account per game is supported on a device;

  5. Crypto Assets - cryptocurrency tokens including Non Fungible Tokens (NFT)l

  6. Intellectual Property Rights – means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world;

  7. Platform – means third party distribution platform on which BoomLand distributes the Services;

  8. Restricted Content – means any content or term that:

Restrictions.

  1. Our Services are intended to be played by adults and we do not knowingly collect, and do not wish to collect information about children. Creating an Account or entering the Service is not permitted for persons under the age of 13. The User shall deny access to the Service to children under the age of 13. The User shall be fully liable for any unauthorized use of the Service by minors, including payment instruments, such as credit card or online payments system, such as PayPal.

  2. If the User’s age is between 13 and 17, it is the User’s legal guardian who has to review and agree to this Agreement. If the User accesses the Service from an SNS, the User shall comply with its terms of service/use as well as this Agreement.

  3. It is prohibited to:

  4. use the Service if the User has been previously removed or banned from using any BoomLand’s Service;

  5. create an Account using a false identity or information or on behalf of someone other than User;

  6. swap, sell, rent or give away the User’s Account;

  7. use the Account for commercial purposes or to advertise, solicit, transmit commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

Amendments of the Agreement.

BoomLand at its sole discretion has the right to make any amendments of this Agreement and other relevant BoomLand’s policies at any time. The amended version shall be published on BoomLand’s Services. If the User continues to use the Services, that shall be considered as the User’s consent to the said amendments. The User shall be informed about the changes, If the User does not agree to the said amendments, the User’s license terminates immediately and the User must not use the Service any longer.

License.

  1. Limited License. Upon this Agreement and other relevant BoomLand’s policies, BoomLand grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for the User’s own non-commercial, entertainment purposes. The User must not use the Service for any other purpose. Crypto Assets do not grant any ownership rights over BoomLand's Intellectual Property Rights.

  2. License Limitations. Unless the User complies with License Limitations, it is prohibited to use the Service and BoomLand may revoke the User’s license. Furthermore, the User shall be liable for any breach of law. Under any circumstances the User shall not:

  3. violate any law, including but not limited to intellectual property law;

  4. perform any actions against the community of users, BoomLand’s employees, BoomLand itself, the spirit or intent of the Service or misuse BoomLand’s Services; including but not limited to posting, publishing, uploading or sharing any information, photo or video that can be understood as Restricted Content or violating good manners.

  5. modify or interfere with the Service by using, directly or indirectly, cheats, exploits, automation software, bots, hacks, mods, scripts or any other unauthorized third-party software;

  6. harm the Services, BoomLand’s computers and servers and other users, including but not limited to overburdening the servers, any attack, including distribution of a virus, gaining unauthorized access to the Service or to any other data protected by BoomLand, especially personal data, manipulating Services and its rankings or taking advantage of errors in the Service or modifying any files constituting the Service without BoomLand’s prior written consent.

User Generated Content.

  1. Provided that you own, or get permission from someone who owns a Crypto Assets, you are granted a limited license to create user generated content based on BoomLand’s Service which can be used under the following terms:

  2. such content must not use BoomLand’s Trademarks, service marks and logos;

  3. artwork must contain the phrase clearly state “BoomLand Fanart” or “[NAME OF THE GAMES] Fanart and link to BoomLand’s website: https://boomland.io,

  4. contentbased on Services or User’s NFT cannot be used to generate revenue (e.g. fanart (tokenized or physical) or merchandise (t-shirts, mugs, hoodies, etc)), without an official license agreement signed with BoomLand.

BoomLand, in its sole discretion, may grant particular Users permission to use User Generated Content commercially or in broader scope than provided herein.

Termination of Account and Service.

  1. Notwithstanding with BoomLand’s other remedies, if BoomLand considers that the User violates this Agreement or law, BoomLand may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or parts of it. BoomLand shall not be obliged to compensate the User loss of the Account, Virtual Items and other benefits and privileges relating to use of the Services and lost due to the aforementioned BoomLand’s decision. BoomLand may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service, if BoomLand considers that the User’s actions violate any laws and third parties rights, including but not limited to Intellectual Property Rights and create risk of possible legal actions against BoomLand or its affiliates. Any Account inactive for 180 days may be terminated by BoomLand at its sole discretion. BoomLand has the right to stop supporting or offering the Service at any time and for any reason. In that case the User’s license is immediately terminated. BoomLand shall not be responsible to compensate the User any loss of benefits, privileges or funds that may derive from the Service’s discontinuation.

  2. The User may terminate the User’s Account at any time and for any reason by informing BoomLand that the User wishes to terminate the Account. Please contact us at: legal@boomland.io.

  3. BoomLand may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitable actions, including deleting the User Content, termination of the User’s Account, prohibiting the User from using the Service or take any other actions allowed by the law.

Ownership.

  1. BoomLand is owner and shall have all rights, title and interest, including but not limited to all Intellectual Property Rights or other proprietary rights in connection with:

  1. Games and Service – including without limitation any games, titles, smart contracts, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a BoomLand game client, and the BoomLand game clients and server software.

  2. Accounts – the User shall have no ownership or other proprietary interest in the Account.

  3. Trademarks, service marks and logos contained in the Services.

  4. Virtual Items – the User shall have no right or title in or to any content that appears in the Service.

  5. Except as expressly provided in these Terms of Use, no part of any Intellectual Property Rights owned by BoomLand may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without BoomLand’s express prior written consent.

User Content.

  1. The User warrants that the User Content comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by BoomLand in accordance with its policies. BoomLand has the right to monitor, record or store the User’s interactions with the Services, BoomLand or other players while the User is using the Services (including without limitation communications through in-game text or video chat). BoomLand may also edit, refuse to post, or remove any User Content. However, BoomLand shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. BoomLand shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with BoomLand’s other remedies set forth in this Agreement or by law, the User shall compensate to BoomLand any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.

  2. License to User Content. User hereby grants BoomLand an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles BoomLand to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:

  3. any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;

  4. any transactions with the User Content’s original and copies made in accordance with placing them on the market, renting, lending;

  5. any other distribution, including:

  1. any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services;

  2. any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned in letter (i);

  3. any public performance, display, exhibition, and in relation to User Content computer program layer also in the following fields of use:

  • permanent or temporary duplication of the software in whole or in part, by any means and in any form;

  • distribution, including lending or rental of software or a copy thereof.

  1. BoomLand may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content On the basis of the given consent by User, BoomLand can use and exploit the User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, within the scope regulated by the Privacy Policy and in accordance with The General Data Protection Regulation (GDPR) (EU) 2016/679.

  2. User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law. BoomLand does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.

Interactions.

BoomLand is not responsible for the User’s interactions with other Users and third parties. In particular BoomLand is not responsible, but reserves its right to get involved in disputes arising from the use of the Services. If the User suspects unlawful, harmful or other improper activity of the other users, the User shall contact BoomLand. In case of the User’s disputes with other users, BoomLand shall be released from any claims, demands and damages arising of these disputes.

In-Services Swap Terms.

While using the Service, the User may swap a limited, personal, non-transferable, non-sublicensable and revocable license to „virtual currency”, in-game items (together with virtual currency, the „Virtual Items”) and other goods and services. BoomLand may revise pricing for any reason and at any time. Only BoomLand and its partners are authorized to sell the Virtual Items and other goods and services. BoomLand and its affiliates shall not be liable for Virtual Items and other goods and/or services’ swap from third parties. Virtual Items and other goods or services may be modified, eliminated, managed, regulated or controlled by BoomLand at any time, for any reason. No User’s rights arise from such activity. Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services. All swaps and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable. The User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services or the Account’s termination. The User agrees to pay all fees and applicable taxes incurred by the User or anyone using an Account registered to the User.

Subscription.

  1. Some parts of the Services and/or Virtual Items may be billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services from within the Services on an on-going basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Services (“Subscription Period”).

  2. Payment will be billed on the User’s Platform account when User confirms the Subscription by available confirmation tools within the Services. Trial Subscription is offered free of charge for a certain period of time from activation specified in the relevant offer in the Services. In case the User does not cancel the Subscription within such period, Subscription Fee shall be taken from User’s relevant Platform account when the trial period expires.

  3. User’s Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. User may cancel a Subscription during its free trial period using the relevant Subscription settings of User’s account in the Platform. BoomLand cannot cancel your free-trial subscription if it has already been activated. Subscription is automatically renewable, unless the User turns such Subscription off at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from User’s relevant Platform account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from User’s Platform account due to absence of monetary funds, invalidity of credit card or for any other reasons, Subscription shall be automatically canceled.

  4. Once the User has swapd a Subscription, User can manage it and switch off automatic renewal at any time after the swap in the settings of User’s Platform account.

  5. User cannot cancel User’s current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are final and non-refundable. User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services relating to the Subscription or the Account’s termination. BoomLand in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. User will be provided a reasonable prior notice of any change in Subscription Fee.

  6. If User does not take action to agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end of the current Subscription period. User acknowledges and agrees that all billing and transaction processes are handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions.

  7. If the User has any payment related issues, such User needs to contact the relevant Platform operator directly. BoomLand shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage rising thereof.

Transactions within blockchain technology.

  1. Any swaps (buying Crypto Assets) from the Service will be done through smart contracts on a blockchain using a cryptocurrency wallet including but not limited to Metamask, Sequence etc.. BoomLand shall have no insight into or control over these payments or transactions, nor have the ability to reverse any transactions once initiated by the User. BoomLand shall have no liability to User or to any third party for any claims or damages that may arise as a result of any transactions that User engages in via the Service or using the smart contracts, or any other transactions that User conducts via blockchain network.

  1. Blockchain networks require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the blockchain networks.

  2. User shall be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (“Taxes”) associated with User’s use of the Service (including, without limitation, any Taxes related to User’s ownership or transfer, of any of the $BOOM tokens or NFT).

  1. Except for income taxes levied on BoomLand, User shall: (i) pay or reimburse BoomLand for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to BoomLand pursuant to these Terms of Use.

  1. Crypto Assets, fees, and billing procedures may change over time. The existence of a particular offer for Crypto Assets does not mean BoomLand will maintain or continue to make available that particular Crypto Assets or that particular offer. The scope, variety, and type of Crypto Assets that User may obtain can change at any time and BoomLand has the right to manage, regulate, control, modify, or remove any or all Crypto Assets being in the possession of BoomLand’s in its sole discretion, in which case, unless prohibited by applicable law, BoomLand shall have no liability to User or anyone for the exercise of such rights. Unless prohibited by applicable law, User’s continued use of the Service after notice of the changes will indicate User’s acceptance of those changes. The price of Crypto Assets on secondary markets may vary depending on a variety of factors including where or how User obtains them. The price and availability of Crypto Assets on secondary markets may change without notice.

  1. You expressly acknowledge and agree that your participation in Service, and your receipt and possession of any Crypto Assets, is voluntary and for entertainment purposes only.

  1. You expressly acknowledge that your receipt, swap, or possession of Virtual Items or Crypto Assets does not give you any rights in or claims against BoomLand, that Crypto Assets are not a financial or investment instrument of any kind, that Crypto Assets may not have any real-world monetary value whatsoever, and that BoomLand is not responsible for any value attributable to, or fluctuations or loss in the value of Crypto Assets.

  1. While BoomLand has taken a number of precautions to ensure the security of the Crypto Assets, the technology is relatively new and it is not possible to guarantee that the code is 100% free from exploits, bugs or errors. User accept all risks that arise from using the Service and Crypto Assets, including but not limited to the risk of any funds being lost due to a failure of the Service. Your Crypto Assets may be lost, stolen, or otherwise rendered unusable due to bugs in smart contracts implementing the Service.

Updates.

To provide the Service’s proper performance, BoomLand at its sole discretion, has the right to update its Service without prior notification. To continue using of the BoomLand’s Services the User must accept these updates, including updates of third parties’ software from time to time.

No Warranties.

BoomLand does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as BoomLand does not warrant that its Services will suit the User’s purpose of use.

Risk assumptions.

  1. You accept and acknowledge each of the following:

  2. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any swaprs of Crypto Assets will not lose money.

  3. User is solely responsible for determining what, if any, taxes apply to User’s transactions within Service. BoomLand is not responsible for determining the taxes that apply to User’s transactions.

  4. BoomLand does not store, send, or receive Crypto Assets - they are maintained on the Service blockchain network.

  5. User acknowledges and understands that there are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. User accepts and acknowledges that BoomLand will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain network.

  6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the BoomLand’s ecosystem, and therefore the potential utility or value of Crypto Assets.

  7. Transactions that take place on the Service via blockchain are managed and confirmed via the blockchain network. You understand that your cryptocurrency wallet public address will be made publicly visible whenever you engage in a transaction on the Service.

  8. BoomLand neither owns nor controls any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Service (e.g. Google, Binance, Metamask etc.). BoomLand shall not be liable for the acts or omissions of any such third parties, nor shall be liable for any damage that User may suffer as a result of User’s transactions or any other interaction with any such third parties.

Final Provisions

  1. Limitation of liability. As far as it is permitted by law, BoomLand is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BoomLand’s gross negligence or willful misconduct or from death or personal injury arising from BoomLand’s any negligence or fraud. This Agreement does not affect any statutory rights of consumers. The User undertakes to indemnify, defend and hold BoomLand (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.

  2. Governing Law and Dispute Resolution. This Agreement and any dispute arising out of it or BoomLand’s privacy policy or Terms of Service is governed in all aspects by the law of the United Arab Emirates. Any claim arising out of it shall be resolved exclusively by the competent court having jurisdiction in the United Arab Emirates, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. If you are a citizen of the European Union, you can bring an action before the court of your residence. In case of any dispute arising between the User and BoomLand, the User is strongly encouraged first to contact BoomLand directly to find a resolution by going to BoomLand’s customer support site at: [_].

  3. Severability. If any provision of this Agreement or of the BoomLand Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability and no other provision will be affected.

  4. Right to transfer. BoomLand may transfer this Agreement or relevant policies, in whole or in part, at any time and to any person or entity without the User’s consent. However, BoomLand’s prior written consent is required for the User’s rights or obligations transfer made by the User to be valid.

  5. Additional Policies. BoomLand may publish additional policies related to its Services. The User must agree and comply with these policies to use the Services.

  6. Entire Agreement. This Agreement, together with any documents referred to in it (if any), constitutes the entire agreement and understanding between BoomLand and the User and supersedes any previous agreements or understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent. Whitepaper, Terms and Conditions are the integral part of this Terms of Use and can be found under the links: Whitepaper https://wp.boomland.io/boomland/legal

  7. No Waiver. If BoomLand fails or delays to enforce its rights under this Agreement or other policies, it shall not preclude BoomLand from taking legal or other actions to enforce its rights. Any prior failure or delay shall not constitute a defense. Any waiver of BoomLand to enforce its rights shall be made in writing to be valid and applies only to certain rights, the waiver does not apply for any future claims, demands or damages, unless it is expressly stated.

  8. Notices. BoomLand may notify the User via BoomLand’s website (https://boomland.io), the User’s e-mail or using any other contact information provided by the User. All notices given by the User or required from this Agreement or BoomLand’s other policies, shall be made via BoomLand’s website.

  9. Force Majeure. BoomLand shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond BoomLand’s reasonable control, including labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.

  10. Right to change. BoomLand reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and BoomLand shall publish the current wording of the Agreement with the date of amendments on https://boomland.io.

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