PLEASE READ THESE TERMS AND CONDITIONS /TERMS OF USE AND ALSO THE “Privacy Policy” LOCATED AFTER “Terms and Conditions” BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCT OR SERVICES FROM WWW.BOOMBOOMYA.COM. These Terms and Conditions /Terms of Use constitute an agreement (the “Agreement”) between BoomBoomYa / SAM’S 21, a California LLC (“BoomBoomYa,” “we,” “our,” or “us”) and you (“you,” “your,” “your representative/s,” or “User” or “User as Free Sign-Up Member or VIP Executive Sponsor”). This Agreement sets forth the legal terms and conditions governing your use of this website (the “Site”) and your purchase and/or use of any BoomBoomYa goods, membership, sponsorship and services (collectively referred to hereinafter as “Offerings”). Your use of the Site and all information, data, text, software, images, sounds, programs, or other materials contained therein, or your use or purchase of any Offerings, confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any Offerings.
This Agreement, the BoomBoomYa Privacy Policy, and any other terms and policies incorporated herein by reference (collectively, the “Other Policies”), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
INTRODUCTION
Welcome to BoomBoomYa.com. BoomBoomYa.com offers a unique economic and profit-sharing platform designed to benefit all people who join the BoomBoomYa platform /community as members or sponsors. Our business model or profit model ensures that everyone, including our Free Members and Executive VIP Sponsors, can benefit /profit from our system.
USER CONDUCT
You agree to sign up as a Free Member or an Executive VIP Sponsor to use the Site and the Offerings. Then you agree to use the Site and the Offerings only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree to act in good faith and avoid any actions that could harm BoomBoomYa or its members. This includes refraining from any malicious activities, fraud, or actions that could damage the reputation or operations of BoomBoomYa, the benefits of BoomBoomYa and its members and sponsors.
BENEFITS FOR FREE SIGN-UP MEMBERS and VIP SPONSORS
All Active* Free Sign-Up Members Enjoy The Following Benefits:
- Profit Sharing: Enjoy 10% of BoomBoomYa.com’s total annual profit income. As BoomBoomYa grows, your cash benefits will be more rewarding!
- Special Discount: Enjoy $100 OFF to join BoomBoomYa’s Executive VIP Sponsor program with the coupon code attached to the Confirmation Email.
All Active* Executive VIP Sponsors Enjoy These Exclusive Benefits:
- Profit Sharing: Enjoy 50% of BoomBoomYa.com’s total annual profit income. As BoomBoomYa grows, your share with fellow sponsors will continue to increase, making your cash benefits even more rewarding!
- VIP Access: Get access to your personal Executive VIP Sponsor account.
- Marketing Tools: Utilize exclusive Executive VIP Sponsor marketing tools.
- Referral Fees: Earn referral fees up to 100%.**
- Business Opportunities: Explore unique business opportunities.
- Stock Options: Receive double stock options when BoomBoomYa.com goes public.
*Active: To qualify for BoomBoomYa.com’s annual profit-sharing benefits, Free Sign-Up Members or Executive VIP Sponsors agree to shop with BoomBoomYa.com advertisers at least once a month and provide their shopping receipts as proof of purchase upon requests from BoomBoomYa.
** Terms & Conditions apply.
OBLIGATIONS AND LIABILITIES OF MEMBERS and SPONSORS
Since BoomBoomYa operates as an economic and profit-sharing platform, every member, whether a Free sign-up or an Executive VIP Sponsor, benefits from BoomBoomYa and its programs. Therefore, every member and sponsor agrees to protect the interests of BoomBoomYa against any malicious actions that could jeopardize the interests of all members. Specifically:
- Protection of Interests: Members and Sponsors must act in good faith and avoid any actions that could harm BoomBoomYa or its members. This includes refraining from any malicious activities, fraud, or actions that could damage the reputation or operations of BoomBoomYa.
- Compliance with Terms and Conditions: Members or sponsors must comply with all terms and conditions set forth by BoomBoomYa. This includes adhering to the rules regarding membership, sponsorship, participation in programs, and any other guidelines provided by BoomBoomYa.
- Payment of Fees: Executive VIP Sponsors must ensure timely payment of their yearly sponsorship fees. Failure to do so will result in the termination of their membership/ sponsorship and associated benefits.
STOCK OPTIONS ALLOCATION
Eligibility: Only verified current Executive VIP Sponsors of BoomBoomYa are eligible to receive stock options when BoomBoomYa.com goes IPO. Every eligible member /sponsor must provide valid proof of identity, such as a government-issued ID or passport and Tax ID numbers to verify his/her true legal name for processing.
Verification: Each member or sponsor is allowed to register with only one legal identity and one email address. Multiple registrations using different identities and email addresses by the same individual are strictly prohibited. Stock options will be allocated based on the member’s true legal name as shown on his/her valid ID or passport.
Allocation: Early sponsors will receive higher allocations of stock options. Sponsors who join later will receive smaller allocations of stock options.
Proof of Identity: Members or sponsors must submit a copy of their valid ID or passport for verification purposes. The name on the ID or passport must match the name used during registration.
Fraud Prevention: Any attempt to circumvent these terms by using multiple email addresses or false identification will result in disqualification from receiving stock options. BoomBoomYa.com reserves the right to take legal action against individuals found to be engaging in fraudulent activities.
General Conditions of Receiving Stock Options: BoomBoomYa.com reserves the right to modify these terms and conditions at any time without prior notice. By participating in the stock options program, members agree to comply with all these terms and conditions.
MEMBERSHIP or SPONSORSHIP ACCEPTANCE
BoomBoomYa reserves the right to accept, decline, or reject any Free Membership Sign-up or Executive VIP Sponsorship Sign-up if the individual has been previously rejected, dismissed, terminated, has unpaid issues, cannot provide legal identity upon BoomBoomYa’s request, or poses any safety issue. This special term or condition applies to everyone visiting, viewing, or using BoomBoomYa. Please stop any further activity on BoomBoomYa if you do not agree and accept this special term and condition.
MEMBERSHIP or SPONSORSHIP TERMINATION
- Breach of Terms: If a Free Sign-Up Member or paid Executive VIP Sponsor breaches any terms or conditions, the membership or sponsorship will be considered self-terminated. All benefits associated with the membership will be canceled and terminated as a result of their actions.
- Non-Payment of Fees: If an Executive VIP Sponsor fails to pay the current yearly sponsorship fee, their sponsorship will be considered self-terminated. All benefits will be canceled and terminated due to non-payment.
- No Obligation for Reinstatement: BoomBoomYa has no obligation to hold or reactivate any previous benefits for members or sponsors whose membership or sponsorship has been self-terminated. Members or sponsors who wish to rejoin must start a new membership or sponsorship and will not be entitled to any previous benefits.
- Agreement to Terms: By participating in BoomBoomYa, you as our member or sponsor agree to these obligations and liabilities. If you do not agree to these terms, you must stop any further activity on BoomBoomYa.
INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND PROTECTION OF CONTENT
All materials and content on this site, including but not limited to research data, user data, member data, distributor data, employer data, the company name, the BoomBoomYa brand, marks, logos, and the site’s look, feel, text, pictures, data, format, materials, graphics, sound files, distribution programs, business patterns, the Win-Win-Win-Win business pattern, BoomBoomYa’s business model, BoomBoomYa’s profit model and other files of BoomBoomYa.com/SAM’S 21, constitute the intellectual property of BoomBoomYa or its owners/licensors. BoomBoomYa and its owners/licensors reserve all intellectual property rights in and to the site and all materials, including any modifications, improvements, or derivative works. Your use of the site and materials does not grant you any ownership rights; it is solely for the benefit and profit of BoomBoomYa and its owners in their favor. Additionally, all content on this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of BoomBoomYa or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of BoomBoomYa, and all software used is the property of BoomBoomYa or its software suppliers, both protected by U.S. and international copyright laws.
PROTECTION OF BENEFITS AND PROFITS
To safeguard the interests and profits of the BoomBoomYa community, any infringement or attempt to replicate our business model or profit model will result in legal action. This is to ensure that the benefits and profits of our community are protected.
NON-COMPETE AGREEMENT
You agree that BoomBoomYa is operated with the copyrighted Win-Win-Win-Win business model and its unique features that benefit the users. In order to protect the interests of all parties, including the owners and investors of BoomBoomYa, all individuals who join, use, work with, or work for BoomBoomYa or benefit from BoomBoomYa, including their family members and associates, agree not to compete with BoomBoomYa. This non-compete agreement is valid for the duration of their lifetime. Any actions taken against the interests and profits of BoomBoomYa will result in liability and responsibility for any losses incurred by BoomBoomYa.com.
MALICIOUS ACTION
You understand and agree that any of your behaviors as a user or a member that causes or will cause www.boomboomya.com or any of us to be badly affected or experience any kind of loss of any nature will be treated as your malicious behavior(s) and you agree irrevocably to accept our demand(s) and the demand(s) from us for compensation to fully cover such damage(s) or loss(es).
BREACH
You agree to be fully liable and responsible for any liquidated damages resulting from any breach of these terms or conditions, including any misuse or violation by you or your party.
LEGAL ACTION
BoomBoomYa.com reserves the right to take legal action against any individual or entity that violates these terms and conditions. This includes, but is not limited to, infringement, malicious competition, or any actions that harm the interests and profits of BoomBoomYa.com
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, BoomBoomYa shall not be liable for any direct, indirect, incidental, special, consequential, intentional or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) any use of the Site or Offerings by you, your family members, or any associated parties; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BoomBoomYa, its owner, partners, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account or status. Additionally, you agree to be liable and responsible for any and all costs related to any action or claim that you bring against BoomBoomYa for the interest of yourself or your party.
LINKS TO OTHER SITES
This Site may contain links to third-party websites, which may have privacy policies that differ from our own. These links are provided solely for the convenience of our Site visitors. We are not responsible for the content or privacy practices of such sites. We encourage you to review the privacy policies and terms of use of any third-party websites or services.
PRODUCT INFORMATION
BoomBoomYa is only selling its own BoomBoomYa Executive VIP memberships to eligible users. BoomBoomYa is an affiliate of all the other product and service providers whose products and services are promoted and offered on BoomBoomYa.com. Most products and services displayed on the Site are available for purchase via the Site and Qualified Distributors in the United States while supplies last. The prices displayed on the Site are quoted in US dollars and are valid and effective only in the United States. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of products displayed on the Site.
PRODUCT REFUND POLICY
BoomBoomYa.com markets and promotes products or services provided by other companies through their respective affiliate programs. BoomBoomYa.com does not sell these products or services directly. The BoomBoomYa Executive VIP Membership is the only product sold by BoomBoomYa.com directly. Therefore, if you, the user or purchaser, have any issues with the products or services provided or offered by other companies, you agree to and should contact those companies directly for your best interest.
BoomBoomYa only guarantees the quality of any product that carries the BoomBoomYa trademark. Any guarantee is limited and subject to the terms of specific warranties attached to or packaged with certain products or services. Please place any order for any product or service based on your own judgment and decision. BoomBoomYa reserves the right to refuse a refund or exchange for any BoomBoomYa products or services if the product or service does not meet the return criteria.
BoomBoomYa only guarantees the quality of any product that carries the BoomBoomYa trademark. Any guarantee is limited and subject to the terms of specific warranties attached to or packaged with certain products or services. Please place any order for any product or service based on your own judgment and decision. BoomBoomYa reserves the right to refuse a refund or exchange for any BoomBoomYa products or services if the product or service does not meet the return criteria.
BoomBoomYa is only responsible for the refund of your paid BoomBoomYa Executive VIP Membership during the first 16 days of your membership if you do not make any profit or gain any interest from the membership program. Beyond this, BoomBoomYa holds no further responsibility. This policy is in place to prevent any misuse or intentions. Please stop any further activity on BoomBoomYa if you do not agree and accept this special term and condition.
DISPUTES
BoomBoomYa, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed or promoted by us or through us, shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Additionally, you agree to be liable and responsible for any and all costs related to any dispute or action or claim that you bring against BoomBoomYa for the interest of yourself or your party.
GENERAL
We operate this Site from our offices within the United States of America and make no claims that the contents or submissions are appropriate or may be downloaded outside of the United States of America. Access to the contents or submissions may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of the Company and Its Owner, Owners, Licensors, and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Laws, and Complete Agreement.
APPLICABLE LAWS
These Terms of Use are governed in accordance with the laws of the city where BoomBoomYa is located, United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
REVISIONS AND MODIFICATIONS
We may revise these Terms and Conditions / Terms of Use at any time. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms on this Site’s particular pages. BoomBoomYa reserves the right to make the final interpretation of this Agreement.
COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of the Company on this Site, these Terms and Conditions / Terms of Use, including our Privacy Notice, constitute the entire agreement between you and the Company with respect to the use of the Site. Please stop any further activity on BoomBoomYa and leave www.BoomBoomYa.com if you do not agree and accept all these Terms and Conditions of this Agreement.