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Terms of Service

Preamble

The service provided through the internet site www.oboom.com is operated by Dedicated Engineering Ltd. with registered seat in UNIT 36F KAM HON INDUSTRIAL BUILDING 8, WANG KWUN ROAD, LOWLOON BAY KL, Hong Kong. The service (so-called Cloud Storage) provides users the opportunity to store files (such as movies, photographs/images and/or documents etc.) to a virtual storage location (virtual online hard drive) and to be able to access and download such files via a link; the link is created specifically for such files. This service is hereinafter referred to as “OBOOM”.

General Provisions

OBOOM provides its services exclusively on the basis of these General Terms and Conditions, hereinafter referred to as “Ts&Cs”. The provisions contained in these Ts&Cs do not constitute any rights for the benefit of third parties.

OBOOM reserves the right to amend the provisions of these Ts&Cs with future effect without the User’s prior consent, provided such amendment is reasonable for the User under consideration of OBOOM’s interests. OBOOM gives notice of such amendments within the scope of its services and will make such amendments public and accessible via www.oboom.com/legal. If the User uses the service after the amendment date, the User agrees to the amended Ts&Cs. Section 7.3 remains unaffected by the above provision.

The User is obligated to acknowledge that all rights to OBOOM’s service, including industrial property rights, are the exclusive property of OBOOM. The above provision applies in no event to files/content stored/uploaded by the User. The User is not authorized to exploit or use such rights or to remove any references to OBOOM’s copyrights in any event without OBOOM’s express written consent. For example, to copy OBOOM’s service, in whole or in part, and to use OBOOM’s service in other online offerings.

These Ts&Cs and any agreements entered into based on these Ts&Cs are governed by the laws of zzzzz. The United Nations Convention on Contracts for the International Sale of Goods, the rules of International Private Law, as well as any reference to such provisions and rules is excluded.

The place of jurisdiction for any disputes arising from or in connection with these Ts&Cs is, to the extent permitted by law, the respective registered seat of OBOOM. OBOOM is, however, entitled to enforce judicial orders at the seat of the User. This applies also, in the event OBOOM brings actions or damage claims against Users.

Should a provision or several provisions of these Ts&Cs be or become invalid or unenforceable, in whole or in part, this does not affect the validity and/or enforceability of the remaining provisions of these Ts&Cs.

General Services

OBOOM provides its Users access to the service; OBOOM is generally authorized to permit only registered Users the use of certain services.

The User has, in general, a claim to the uninterrupted availability of the service. OBOOM will use its best efforts to warrant service availability 24 hours a day and seven days a week. OBOOM reserves the right to restrict the contractually agreed services for the purpose of security related measures, such as maintenance or technical innovations. This provision applies also to measures required for operations. In the event of unscheduled measures, OBOOM will endeavor to provide the Users with reasonable advance notice and to restore the availability of the service. Should OBOOM’s service be unavailable, this does not constitute any claims of the User to warranty or damages or compensation of expenses/costs.

In the event of availability interruptions it is possible that a certain number of requests cannot be recorded and/or logged. Such event does not constitute any claims of the User to warranty or damages or compensation of expenses/costs.

OBOOM is not obligated to provide its services in the event of force majeure. Force majeure events can include:
If the delivery of goods or services by suppliers is delayed or canceled (provided such delay or cancellation is caused by force majeure)
Power failures and interruptions or destruction of power lines beyond OBOOM’s sphere of responsibility
Strike and lock-out
Software based attacks by Users or third parties, such as malicious software or DDoS attacks
Official or judicial orders
But also such cases OBOOM could not have prevented by applying reasonable care. OBOOM is obligated, in general, to perform certain security measures. Such obligation does, however, not obligate OBOOM to exclude the occurrence of force majeure events.

OBOOM may perform changes to OBOOM’s service design and structure, as well as to service upkeep or improvement in the form of technical innovations and/or to implement up-to-date software versions, at any time.

Upload/Storing/Content/Information

Files, which the Uploader/User uploads/stores and which OBOOM stores on behalf of the Uploader/User, are considered to be external third party information. This information is not the property or responsibility of OBOOM.

If the Uploader/User uploads files that link from external third party internet offerings / third party web pages via hyperlinks, OBOOM also considers such information to be external third party information. This information is not the property or responsibility of OBOOM and OBOOM assumes no responsibility or warranty for the availability of external internet offerings / third party web pages.

OBOOM is, in particular, not responsible for such external third party information, if OBOOM has no knowledge of any unlawful acts or the unlawfulness of such third party information and if, in the event of damage claims, OBOOM has no knowledge of any facts or circumstances which constitute an unlawful act or based on which the unlawfulness of such external third party information becomes obvious and/or OBOOM has gained knowledge of such facts or circumstances and took measures without undue delay and has removed such information or blocked access to such information. The above provision does not constitute any rights vis-à-vis third parties in any case.

The User is not entitled to any remuneration for the uploading/storing of files, unless remuneration is agreed between the User and OBOOM.

Prohibited Files/Content/Information

The User is, in general, not authorized to upload or store files and/or make files publicly available using OBOOM’s service that do not comply with these Ts&Cs and/or applicable law. The Uploader represents/guarantees that it possesses all required rights as owner or in the form of a utilization right to the files/content/information uploaded/stored by the Uploader to the extent such rights are required by these Ts&Cs. In addition, the Uploader represents/guarantees that the publishing, storing, editing and/or procuring of the files stored/uploaded by the Uploader does not infringe upon applicable laws, rights of third parties or these Ts&Cs.

Incompatible with these Ts&Cs are, in particular, files/content/information that contain malicious software of any kind, such as computer viruses, infringe upon patent, trademark or copyrights, i.e. intellectual property rights, that violate human dignity (by depicting dying or physically or mentally ill human beings), that have pornographic content, in particular depicting children or young persons and/or misuse of animals, that play-down violence, incite people, are racist, glorify violence and/or war, support terrorism, contain depictions that play-down violence, deny, play-down or even glorify national socialism, that obviously prevent or impair the development of children and/or young persons to become responsible personalities or to seriously jeopardize such development, that contain insults, libel or defamation, that contain private or personal data without consent of the affected individual or without statutory authorization, as well as any information that contains hate/slander/malice/contempt regarding parts of the population and/or groups and, as such, attack human dignity.

OBOOM may block or delete files that infringe upon these Ts&Cs and/or applicable law, in whole or in part, without prior notice, if third parties inform OBOOM of any such infringement or OBOOM gains knowledge of such infringement by its own proactive measures or if courts and/or authorities inform OBOOM of any such infringement and request that such files not be stored or published.

Should the User grossly or repeatedly violate these Ts&Cs and/or applicable laws, OBOOM is authorized to block the User’s access to OBOOM’s service, in part or in whole, or to extraordinarily terminate the User’s agreement with OBOOM in grave cases.

The User indemnifies OBOOM from and against all claims of third parties that such third parties assert based on any violation of their rights by the User due to any infringements. In the event damages or expenditures incurred by OBOOM or OBOOM’s advertising partners are asserted based on infringements upon or violations of these Ts&Cs by files/content/information of the User, the User is obligated to bear or reimburse such damages or expenditures, unless the User is not obligated to bear or reimburse such damages or expenditures.

OBOOM will take measures to protect intellectual property rights or third party rights to the extent reasonable and feasible, in particular as precaution against infringements or to identify infringements in order to remove or prevent such infringements. Should the User be or become aware of the fact that its stored/uploaded files/content/information violate these Ts&Cs or applicable laws or third party intellectual property rights, the User will notify OBOOM without undue delay of such hyperlinks that link to such files/content/information using a Takedown Notice. OBOOM may block or delete access to such files/content/information and OBOOM may integrate such files/content/information into its data filters.

Provisions regarding Security of stored Files/Content/Information

These Ts&Cs do not obligate OBOOM to pass on or provide an overview of the available/stored files under OBOOM’s service.

OBOOM does not open and/or inspect the Users’ stored files/content/information, unless OBOOM is required to do so based on official or judicial orders. OBOOM does not catalog the aforementioned files/content/information or list it in tables of content. OBOOM does not provide a search function with which OBOOM’s service could be searched.

OBOOM has no influence on which individuals or persons are downloading files/content/information stored/uploaded by a User, using OBOOM’s service for stored files/content/information. OBOOM will not disclose to third parties the information under which Internet address files/content/information stored/uploaded by a User can be accessed using OBOOM’s service, unless OBOOM is obligated to disclose such information based on statutory or official orders.

Provisions regarding Deletion of stored Files/Content/Information

Should the User’s stored/uploaded files/content/information violate applicable laws or these Ts&Cs, OBOOM is authorized to refuse the storing/uploading of such files/content/information in advance or to store such files/content/information under a different link. This provision applies, in particular, to files/content/information that contains discriminating, violence glorifying, racist and copyright protected depictions, in such case OBOOM is obligated or requested by third parties to block, delete or otherwise store such files/content/information.

OBOOM is authorized to delete files/content/information stored/uploaded by a User who uses OBOOM’s service free of charge, if the volume provided to the User is exceeded or if the agreement is terminated, for example because the agreement term has expired or the agreement has been terminated or extraordinarily terminated.

OBOOM expressly indicates that the User has no claim whatsoever to a perpetual and/or unlimited storage of its files/content/information. OBOOM also informs the User that the technical environment is subject to change.

OBOOM is authorized to delete files/content/information stored/uploaded by a User who uses OBOOM’s service against a service fee, if the storage volume provided to the User in its account is exceeded or if the agreement has been terminated or extraordinarily terminated.

Provisions regarding Registered/Logged-in Users

General User Duties

The User undertakes to provide its data/information required for the conclusion of the agreement and/or utilization truthfully and completely. OBOOM is to be notified in text form without undue delay, if such data/information has changed.

In addition, the User undertakes to ensure that the User regularly checks its e-mail inbox to ensure that the available storage volume is sufficient for incoming e-mails and that the User is able to immediately inspect the content of incoming e-mails. Furthermore, the User is obligated to ensure that only the User has access to the stated e-mail inbox and that only the User is authorized to send e-mails.

The User guarantees that the requirements for the flawless utilization of OBOOM’s services regarding hardware and software, as well as the connection to the Internet are met and available. The costs for the fulfillment of such requirements are solely borne by the User.

The utilization of OBOOM’s services i.e. OBOOM’s service by the User does not impair the provision of services by OBOOM.

The User is responsible for taking precautions to secure its system. In addition, the User assures that regular back-ups of the files/content/information are made. The User applies software to provide protection against malicious software, such as computer viruses. OBOOM is not liable or responsible for any damages caused by malicious software.

The User is obligated to notify OBOOM in text form without undue delay in the event of any complaints regarding OBOOM’s services.

Duties of the User regarding Access Data

The application for membership requires the registration of the applicant; the User will be provided with the access data after such registration. The User guarantees that it will treat its access data confidentially and that it will not disclose such data to third parties. In addition, the User guarantees to protect such access data from any third party access.

In the event that there is reason for the assumption that third parties or unauthorized persons have gained knowledge or access to the User’s access data, the User is obligated to notify OBOOM of such circumstances without undue delay.

The User is not authorized to provide its access/account to a third party, in any case. Lease or sale is not permitted, in any case.

Amendments to the Agreement

OBOOM may amend the registration agreement, including these Ts&Cs, at any time, provided such amendment is reasonable to the User.

OBOOM will notify the User of the intent to amend the agreement at least eight weeks prior to such amendment entering into force. The User may object to such amendment to the agreement within a six week period after such amendment entered into force via letter, telefax or e-mail.

The amendment to the agreement becomes effective, if the objection to such amendment to the agreement is not properly received as to form and time and the amendment notice was properly provided to the User with reference to the User’s right to object to such amendment to the agreement and further provided that such amendment to the agreement is reasonable.

The amendment to the agreement does not become effective, if the User properly objects to such amendment to the agreement or OBOOM did not provide a proper amendment notice regarding the reference to the consequences of a failure to object. The above provision also applies, if the amendment to the agreement is unreasonable to the User. In the event of an ineffective amendment to the agreement, both parties may extraordinarily terminate the respective agreement as of the amendment date.

Transfer and Assignment of Agreements

OBOOM may transfer all concluded agreements with all rights and duties connected to them to third parties. Such transfer of agreements relates to agreements that were concluded on the basis of these Ts&Cs.

OBOOM will give notice of such transfer of agreement at least eight weeks prior to and including the effective date of such transfer. Such transfer of agreement notice will include a statement that the User may object to such transfer of agreement within a period of six weeks after the effective date of the transfer of agreement via letter, telefax or e-mail. The transfer of agreement does not become effective, if the objection to such transfer of agreement is properly received as to form and time or OBOOM did not properly reference the legal consequences if the User fails to object to such transfer of agreement. In such event, each party to the agreement may extraordinarily terminate the agreement as of the transfer date. The transfer of agreement becomes effective, if the objection to such transfer of agreement is not properly received as to form and time and OBOOM’s transfer of agreement notice was properly provided to the User with reference to the legal consequences, if the User fails to object to such transfer of agreement.

Consent according to Data Protection Law

The User hereby expressly agrees that OBOOM is also authorized to transfer personal data to a buyer in the event of the transfer of agreement. OBOOM may refuse to accept a registration agreement, if the User does not provide its consent to such transfer of personal data. In addition, the User may revoke such consent in future. In such event, OBOOM may extraordinarily terminate the agreement with immediate effect.

Termination of the Agreement

The registration agreement is, in general, concluded for an indefinite period. This provision does, however, not apply, if the agreement is concluded for a fixed term. If a fixed agreement term is not agreed between the parties, the User may terminate the agreement with a notice period of 14 calendar days to month’s end. The registration agreement ends with the expiry of the agreement term, if agreed. The right of both parties to extraordinary termination and termination for good cause, as well as OBOOM’s right to block the User’s access remains unaffected, even if a fixed agreement term was agreed.

In the event the agreement is terminated, OBOOM is authorized to delete all of the User’s data, including the deactivation of the User’s profile, without prior notice, at any time. The statutory preservation and/or archiving obligations remain, however, unaffected therefrom. The User has no claim whatsoever to the return of its data after the termination of the agreement.

Blocking of Access

OBOOM is, in general, authorized to block the User’s access to the service in whole or in part. This applies, in particular, in the following cases:
to ensure IT security
after the User’s access data has been entered incorrectly three times
enforcement of intellectual property rights
In addition, OBOOM is authorized to give the User a warning, if the User violates its contractual duties or other obligations. Such warning may have the consequence that OBOOM blocks the User’s access, in whole or in part, and/or extraordinarily terminates the agreement with the User. OBOOM’s right to claim damages for incurred losses or expenditures remains unaffected therefrom.

Should OBOOM became aware of facts that make misuse of the User’s access data or a violation of these Ts&Cs apparent, OBOOM may block the User’s access entirely or temporarily, if required and reasonable. In such case, OBOOM may demand and assert damages for all costs incurred in connection with all measures required to facilitate the prosecution of such misuse or for the prosecution of such violation of these Ts&Cs.

Advertising Measures

Advertising design and its presentation and publishing is the sole responsibility of OBOOM at its own discretion. This applies, in particular, during the downloading period. The respective advertising form may also be selected by OBOOM at its own discretion.

Data Protection Provisions

The data protection provisions, as well as the data privacy statement, are provided and published by OBOOM at www.oboom.com/privacy.

Exclusion of Liability

OBOOM is not liable for expenditures or damages or recourse claims, in particular for damage claims for lost profits or reimbursement of consequential and indirect damages. OBOOM’s liability pursuant to mandatory statutory provisions remains unaffected therefrom.

Definitions and Terms

A „User“ is defined as a natural person, who uses or has used OBOOM services.

„Uploader“ ” is defined as a User, who uploads or has uploaded files to OBOOM.