Terms and Conditions for the Boomtown City Membership

This agreement (hereinafter called ”the Agreement”) is made between

Boomtown ApS.
Axel Torv 1
1609 Copenhagen V
CVR nr. 31 250 757
Denmark (hereinafter called ”Boomtown”)

and

You (hereinafter called ”the Customer”).

1. Boomtown City Membership

A Boomtown City Membership gives the Customer a number of member advantages, described at boomtown.net. The Boomtown City Membership is personal and cannot be transferred.

2. Information about the Customer

The Customer is obliged to give correct and true information about him-/herself when the Agreement is made and to keep the information up to date. The Customer may change or delete the registered information at any time, using the “My Profile” function at boomtown.net. The Customer is solely responsible for keeping the chosen password confidential – it is not kept by Boomtown for security reasons. If the Customer wishes to maintain anonymity on boomtown.net, Boomtown suggests that they ensure the nickname contains no personal information or hints as to their real identity.

The information about the Customer is used by Boomtown in order to identify and communicate with the Customer and to carry into effect the activities, which the Customer carries out on boomtown.net. The information is kept as long as it is necessary in compliance with the purpose. Boomtown uses the necessary security to keep all data, but Boomtown is not obliged to recreate member data. Furthermore, Boomtown is not liable to pay damages for losses occurring as a consequence of lost data in the Customer’s user profile.

3. Price and payment

The Boomtown City Membership is prepaid. The price of the Boomtown City Membership depends on the Customer’s choice of membership period and method of payment. Boomtown may change the prices of the Boomtown City Membership at any time. The changed price takes effect as from the end of the current membership period. The information about the price in force may be found on boomtown.net. An announcement about the price change is mailed to the email address stated by the Customer.

There is a two weeks right to withdraw from the purchase of the City Membership. The right passes away on first use of the City Membership.

If the membership expires, the Customer will automatically be converted to the free Boomtown Basic Membership until a new payment is registered. The Customer keeps his/her protected nick and statistics but loses the City Member advantages.

4. The general obligations of the Customer

The Customer is obliged to use the hardware and software provided by Boomtown in accordance with its purpose and the guidelines that Boomtown may put down at any time. The guidelines may be found on boomtown.net.

The Customer must keep within the laws of the Kingdom of Denmark. The Customer warrants that the Customer’s use of the hardware and software provided by Boomtown is legal in every respect, and that the Customer bears the full responsibility for any claim resulting from the Customer’s illegal use of these. Should the Customer become aware of abuse of the hardware and software provided, Boomtown should be informed about this as soon as possible.

5. The general obligations of Boomtown

Boomtown aims to run the hardware and software provided by Boomtown as safely and stably as circumstances permit. Boomtown may close access to the hardware and/or software completely or partially due to security or operational reasons.

6. Boomtown’s limited liability

Boomtown does not make refunds for any period when the Customer is unable to use his/her membership. Boomtown is in no way responsible for the material or the messages which users type, transmit or send via the hardware and software provided by Boomtown. Boomtown is in no way part of any agreements the Customer may enter into while using the hardware and software provided by Boomtown.

7. Termination

The Customer can resign their membership at any time. The termination takes place via the “Edit profile” on boomtown.net. Boomtown may terminate the membership with one month’s notice. Boomtown does not refund prepaid membership in any case.

8. Breach and rescission

Boomtown can rescind the Agreement immediately or degrade the Customer to Basic Member in case of serious breach. It is considered a serious breach if:

· The Customer uses the hardware and software provided by Boomtown contrary to the purpose and this Agreement,
· The Customer gives wrong or misleading data or does not make the necessary updates
· The Customer does not follow the guidelines given by Boomtown
· The Customer does not pay on time (only for ongoing memberships)

9. Messages in accordance with this Agreement

In accordance with this Agreement, messages can be sent to Boomtown via the support formular found here. Similarly, Boomtown can send messages to the Customer via the email address stated under the customer information at any time.

10. Logging and monitoring

In connection with activities on the hardware and software provided by Boomtown, a registration of the Customer’s activities is made. This information is only registered for statistical purposes. The information is kept as long as it is necessary in compliance with the purpose.

11. Disclosure of personal information

In connection with illegal activities using the hardware and software provided, Boomtown may disclose personal information to the Police. Other than that Boomtown will not disclose any personal information to any third party without the Customer’s consent.

Boomtown has the right to carry out data mining (statistical breakdown of data) and has the right to sell the result in the polls after the data mining. The statistical material is not connected with particular persons and does not lead to user names, email addresses, private addresses or other information that could be used for spam or the like.

12. Amendment of the Agreement

Boomtown can amend these business terms by forwarding an email to the Customer concerning this matter. The amendment takes effect from the following membership period.

13. Governing law and choice of forum

In all matters between Boomtown and the Customer, including controversies about the use and construction of the Agreement, the laws of the Kingdom of Denmark are applicable to this Agreement. All controversies between Boomtown and the Customer must be settled in a Danish court of law and must in the first instance be heard in the district court of Copenhagen.

14. Commencement

These conditions enter into force September 5th 2003.