TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT
PLEASE READ THESE TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT ("AGREEMENT") CAREFULLY BEFORE USING YOUR BOOM TV PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “BOOM TV PRODUCT” IS THE BOOM BOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE BOOM TV PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND BOOMTV, INC. (“BOOMTV”) GOVERNING YOUR USE OF THE BOOMTV PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED BOOMTV SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE BOOMTV PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR BOOMTV PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE BOOMTV PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE BOOMTV PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE BOOMTV PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED BOOMTV PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 07 DAYS AFTER PURCHASE FROM BOOMTV FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.
(a) Subject to the terms of this Agreement, BoomTV grants you a nonexclusive, nontransferable right to use the Software solely on a single BoomTV Product on which it was originally installed. (b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. BoomTV retains ownership of all copies of the Software, and BoomTV reserves all rights not expressly granted to you. The rights granted herein are limited to BoomTV 's intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, recompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of BoomTV and its licensors.
Open Source Software
Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by BoomTV on its web site. BoomTV is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified BoomTV Software or its use on BoomTV Products. Consent to Use of Data
Refund Policy (Only applies to customers who bought their box from www.Boomiptv.com)
If you are the original purchaser of the BoomTV Product and you are not satisfied with the BoomTV Product, you may email us at [email protected] for a Return Material Authorization (RMA) request within Seven (07) days of receiving the product. Please include your original BOOMTV order number and order date in the email. BoomTV will then provide you with an RMA number and address where you may send the BoomTV Product. Product should be undamaged and in the original packaging, including all accessories. If you are eligible for refund, 20% of your actual amount will be deducted from the original purchase price including any sales tax and excluding any costs of shipment and handling. If you return the product in bad condition or missing items we will charge you additional fees.
Limited Warranty. BoomTV warrants to you that, for a period of 90-days from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your BoomTV Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and BoomTV 's entire liability under this warranty will be for BoomTV at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.
BoomTV Warranty Policy & Procedures:
1- Get RMA Number from BoomTV:
If a defect arises during the Warranty Period, contact BoomTV Support as set forth on www.Boomiptv.com in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE.
2- Return the RMA Unit to BoomTV:
If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective product to BoomTV.
3- Terms and conditions to avail the warranty:
If the new unit you purchased from our website has a hardware fault and does not work on arrival, BoomTV will replace the box at no cost and will pay the shipping both ways.
If there is a hardware or software fault with in the warranty period of 90 days, BoomTV will fix or replace the unit with the refurbished at no cost. You are responsible for shipping defective product to BoomTV. BoomTV pays for shipping from BoomTV back to you only.
If the hardware is damaged in any way (warranty void, tampered with or anything broken), no warranty will be honored. If you want the broken unit back, you will pay for shipping from BoomTV to you and an inspection fees of $50.
In case You send us a working product with out any issues during the warranty period, BoomTV will charge you $50 as inspection fees. You are responsible for shipping defective product to BoomTV. BoomTV pays for shipping from BoomTV back to you only.
Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges.
After 90 days , or if you do not have proof of purchase, no matter when you purchased the product, the service of the Boom Box will not be free of cost. In that case, you are required to pay for shipping the defective product back to BoomTV and also pay for shipping from BoomTV back to you along with the service charges.
Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- BoomTV products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by BoomTV; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by BoomTV; (e) to a product or part that has been modified, except by BoomTV; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any BoomTV serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.
Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY BOOMTV, ITS SUPPLIERS AND LICENSORS. BOOMTV DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL BOOMTV, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BOOMTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of BoomTV, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.