Set forth below are the terms and conditions (these “Terms and Conditions”) governing the Metroboom Inc web site located at, or linked to through, the root URL www.metroboom.online, which may expand or change from time to time (the “Website”). As used herein, the term “Metroboom” refers to Metroboom Inc., the sole owner and operator of the Website; the term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation. CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Copyright Policy / DMCA

Metroboom Inc. (“Company”) has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act (DMCA). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A repeat infringer is a user for whom Metroboom has received more than two notices of claimed infringement or for which Metroboom has had to remove content more than twice. Notwithstanding the preceding sentence, SoundClick reserves the right (pursuant to our Site Terms of Use) to immediately terminate the account of any user for egregious infringing activities at Metroboom’s sole determination and discretion.

Report Copyright Infringement

Please only report infringement of your own copyright, or the copyright of someone you are authorized to represent. If you believe that someone else’s copyright is being infringed, please tell them and direct them to this page. Complainants may notify Metroboom concerning any Content and/or Name being used on the Website in violation of their rights by sending an email to [email protected].

Eligibility and Approval

1.1 You may browse the Site without subscribing but in doing so you accept and agree that certain areas of the Site will not be available to you unless you subscribe the Site. You will be asked if you wish to subscribe each time you try to access any part of the Site that requires subscription. To subscribe to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.

1.2 We, in our sole discretion, will have the right to refuse to allow you to subscribe to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for subscription to the Site.

1.3 You must be at least 16 years of age to use the Site. This Site may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Site with the involvement of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using the Site, you agree to these Terms and our privacy policy and that you shall be responsible for the conduct and acts and/or omissions of your children in using the Site as if these were your own. 

Use of Materials Found on the Website: 

The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Metroboom program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Metroboom server, except where explicitly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using any Metroboom logo or trademark, please contact Metroboom.

Use Of The Site

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

3.2 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

Miscellaneous

Metroboom shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.