TERMS & CONDITIONS
BoomersAbroad.com is a niche portal, an online community and a social network. Our service allows Members to create personal profiles online in order to find and communicate with other Members that have common interests. The services offered by BoomersAbroad.com ("BoomersAbroad.com" or "we") include the BoomersAbroad.com website (the "BoomersAbroad Website"), the BoomersAbroad.com Internet messaging service, and any other features, content, or applications offered from time to time by BoomersAbroad.com in connection with the BoomersAbroad Website (collectively, the "BoomersAbroad Services").
In order to participate in certain BoomersAbroad Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BoomersAbroad Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
BoomersAbroad.com may modify this Agreement from time to time and such modification shall be effective upon posting by BoomersAbroad.com on the BoomersAbroad Website. You agree to be bound to any changes to this Agreement when you use the BoomersAbroad Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on BoomersAbroad.com and that you provide to other Users. Your BoomersAbroad.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BoomersAbroad.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BoomersAbroad.com assumes no responsibility or liability for this material. If you become aware of misuse of the BoomersAbroad Services by any person, please contact BoomersAbroad or click on the "Report Inappropriate Content" link at the bottom of any BoomersAbroad.com page.
BoomersAbroad.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the BoomersAbroad Services at any time, for any or no reason, with or without prior notice, and without liability. BoomersAbroad expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of BoomersAbroad Services if BoomersAbroad determines, in its sole discretion, that you pose a threat to BoomersAbroad and/or its Users.
1.1 To use the BoomersAbroad Services you must register with BoomersAbroads as a Member.
1.2 To register with BoomersAbroads please complete the Registration Form on this Website and submit it to us.
1.3 We will notify you by email when your application is accepted.
1.4 By sending the Registration Form you are warranting to BoomersAbroads that:
1.5. all the information on the Registration Form is true, accurate and complete as at the date it is given;
1.5.1 you will comply with the conditions of membership set out in these conditions of business as varied from time to time; and
1.5.2 you are over 18.
2. Term. This Agreement shall remain in full force and effect while you use the BoomersAbroad Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BoomersAbroad.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees. You acknowledge that BoomersAbroad.com reserves the right to charge for the BoomersAbroad Services and to change its fees from time to time in its discretion. If BoomersAbroad.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BoomersAbroad.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The BoomersAbroad Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BoomersAbroad.com. Illegal and/or unauthorized use of the BoomersAbroad Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BoomersAbroad Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BoomersAbroad Services.
6.1 Your registration will be active from whenever we notify you by e-mail that your registration has been accepted until it is deactivated by either of us.
6.2 You may deactivate your registration by completing the form on this Website at any time. Deactivation will take place within 30 days following receipt of your form.
6.3 If you wish to reactivate your registration you may do so at any time by completing a new Registration Form.
6.4 We reserve the right to deactivate your registration at any time. We will send you an e-mail if your registration is deactivated. Deactivation will take place immediately if we consider any of the information supplied by you is inaccurate or you break the terms of these conditions of business.
6.5 You have a legal right to cancel your registration if you notify BoomersAbroads that you wish to do so within seven working days from when BoomersAbroads notifies you your registration has been accepted.
8. Data Protection
8.1 We will not disclose any information you send to us to any third party except as party of the BoomersAbroads Service. All initial s between Members must be made through the mailbox on the Website.
8.2 We may access any messages posted by you to ensure compliance with these conditions of business.
8.3 We will delete all information about you within one month of your registration ceasing to be active.
9.1 The information on users of the BoomersAbroads Service is provided from the information supplied to us but no independent checking is carried out. We cannot be responsible for any errors in information provided by you or other users of the BoomersAbroads Service.
9.2 We are not and cannot be responsible for the behaviour of Members, whether within the BoomersAbroads Service or outside of it.
9.3 You agree that we are not responsible for any loss or damage incurred as a result of:
9.3.1 use of this Website;
9.3.2 the availability or non-availability of any third party on or through this Website;
9.3.3 any dealings with third parties ed by you or who s you through this Website.
9.4 We do not guarantee that access to this Website will be uninterrupted, timely or error free.
9.5 You agree to indemnify and hold harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content you upload, post or email on or through this Website, your use of this Website, or your breach of the provisions of these conditions.
9.6 You acknowledge that we are not responsible for the availability or content of any third party websites you may access through this Website.
9.7 Neither of us will be liable for any breach of these conditions of business due to any cause beyond their reasonable control.
9.8 We will not be liable to you or any third party for any indirect or consequential loss of any kind including, without limitation, loss of data, profit, revenue or business, howsoever caused
9.9 The total liability of BoomersAbroads for any claim in contract, negligence, tort or other legal liability shall not in any circumstances exceed the amount equal to the sums paid by you to us by way of Membership fees during the preceding twelve months.
10.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or any other affiliates, licensors or partners.
10.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
10.3.1 breaches we deem minor may result simply in receipt of a warning from us or we may suspend your access to the BoomersAbroads Service; or
10.3.2 breaches we deem serious may result in your automatic ban from the Website and termination of your membership. All incidents will be logged and our decision is final in all such cases. Any person whose access has been suspended or terminated must not re-register for, or re-access, the BoomersAbroads Service without our prior consent.
10.4 Any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities, or to legal action being taken against you, or both.
11. Changes to the terms and conditions
11.1 BoomersAbroads reserves the right to change the terms, conditions, and notices under which it offers the BoomersAbroads Service, including any charges associated with the use of the BoomersAbroads Service. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on our Website.
11.2 Any changes to the operative terms and conditions which are capable of adversely affecting you will take effect four weeks after the date of posting (or such later date as BoomersAbroads indicates). 11.3 Any changes to non-operative terms and conditions or those terms and conditions which are not capable of adversely affecting you will take effect immediately upon the date of posting.
11.4 Your continued use of the BoomersAbroads Service after the effective date of such changes constitutes your acceptance of and agreement to such changes.
11.5 If you do not wish to be governed by the new terms and conditions, you must notify us on or before the effective date, and from that date you must cease to use the BoomersAbroads Service.
12. Operation of and additional services
12.1 BoomersAbroads reserves the right to withdraw or modify any aspect of the BoomersAbroads Service where we have legal or technical reasons to do so.
12.2 For security or other reasons, we may require you to change your password or other information that facilitates access to the BoomersAbroads Service.
12.3 BoomersAbroads or its affiliates may offer new or additional services from time to time. Your use of those services may be subject to additional term and conditions which you must comply with.
12.4 We may add new or ancillary services from time to time that require the payment of fees, either to a third party or us on terms that will be provided to you.
13.1 All correspondence with us should be through this Website or by email to
13.2 Copyright in the contents of this Website is licensed to BoomersAbroads. The copying or incorporation of all or any part of the material available on this Website is prohibited although you may print or download extracts from the material for your personal use.
13.4 A person who is not a party to this Agreement has no right under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of the third party which exists or is available apart from that act.
13.5 In the event that any term is held to be invalid or unenforceable, the remainder shall remain valid and enforceable.
13.6 Any agreement between us is subject to the laws of England and Wales and the non-exclusive jurisdiction of the courts of England and Wales .
13.7 We reserve the right to assign this Agreement, and to assign any or all of our rights and obligations under this Agreement. You may not without the written consent of BoomersAbroads assign or dispose of this Agreement.
14. Legal Effect. Sending a completed Registration Form to BoomersAbroads will form a legally binding contract incorporating these conditions of business between BoomersAbroad and yourself.
15. Proprietary Rights in Content on BoomersAbroad.com.
15.1. BoomersAbroad.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the BoomersAbroad Services. After posting your Content to the BoomersAbroad Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the BoomersAbroad Services, you hereby grant to BoomersAbroad.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BoomersAbroad Services. Without this license, BoomersAbroad.com would be unable to provide the BoomersAbroad Services. For example, without the right to modify Member Content, BoomersAbroad.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BoomersAbroad.com could not allow Users to listen to music posted by Members. The license you grant to BoomersAbroad.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BoomersAbroad.com), fully-paid and royalty-free (meaning that BoomersAbroad.com is not required to pay you for the use on the BoomersAbroad Services of the Content that you post), sublicensable (so that BoomersAbroad.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BoomersAbroad Services), and worldwide (because the Internet and the BoomersAbroad Services are global in reach). This license will terminate at the time you remove your Content from the BoomersAbroad Services. The license does not grant BoomersAbroad.com the right to sell your Content, nor does the license grant BoomersAbroad.com the right to distribute your Content outside of the BoomersAbroad Services.
15.2. You represent and warrant that: (i) you own the Content posted by you on or through the BoomersAbroad Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BoomersAbroad Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BoomersAbroad Services.
15.3. The BoomersAbroad Services contain Content of BoomersAbroad.com ("BoomersAbroad.com Content"). BoomersAbroad.com Content is protected by copyright, trademark, patent, trade secret and other laws, and BoomersAbroad.com owns and retains all rights in the BoomersAbroad.com Content and the BoomersAbroad Services. BoomersAbroad.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BoomersAbroad.com Content (excluding any software code) solely for your personal use in connection with viewing the BoomersAbroad Website and using the BoomersAbroad Services.
15.4. The BoomersAbroad Services contain Content of Users and other BoomersAbroad.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BoomersAbroad Services.
16. Content Posted.
16.1. BoomersAbroad.com may delete any Content that in the sole judgment of BoomersAbroad.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BoomersAbroad.com assumes no responsibility for monitoring the BoomersAbroad Services for inappropriate Content or conduct. If at any time BoomersAbroad.com chooses, in its sole discretion, to monitor the BoomersAbroad Services, BoomersAbroad.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
16.2. You are solely responsible for the Content that you post on or through any of the BoomersAbroad Services, and any material or information that you transmit to other Members and for your interactions with other Users. BoomersAbroad.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BoomersAbroad.com prior to posting and does not necessarily reflect the opinions or policies of BoomersAbroad.com. BoomersAbroad.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
17. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BoomersAbroad Services. BoomersAbroad.com reserves the right to investigate and take appropriate legal action against anyone who, in BoomersAbroad.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the BoomersAbroad Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BoomersAbroad.com:
18. Advertising to, or solicitation of, any Member to buy or sell any products or services through the BoomersAbroad Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BoomersAbroad Services in order to , advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BoomersAbroad.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BoomersAbroad.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BoomersAbroad Services, you acknowledge that you will have caused substantial harm to BoomersAbroad.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BoomersAbroad.com $50 for each such unsolicited email or other unsolicited communication you send through the BoomersAbroad Services;
19. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BoomersAbroad.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BoomersAbroad.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BoomersAbroad Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BoomersAbroad Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BoomersAbroad.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: info
20. Member Disputes. You are solely responsible for your interactions with other BoomersAbroad.com Members. BoomersAbroad.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
21. Disclaimers. BoomersAbroad.com is not responsible for any incorrect or inaccurate Content posted on the BoomersAbroad Website or in connection with the BoomersAbroad Services, whether caused by Users of the BoomersAbroad Services or by any of the equipment or programming associated with or utilized in the BoomersAbroad Services. Profiles created and posted by Members on the BoomersAbroad Website may contain links to other websites. BoomersAbroad.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BoomersAbroad.com. Inclusion of any linked website on the BoomersAbroad Services does not imply approval or endorsement of the linked website by BoomersAbroad.com. When you access these third-party sites, you do so at your own risk. BoomersAbroad.com takes no responsibility for third party advertisements which are posted on this BoomersAbroad Website or through the BoomersAbroad Services, nor does it take any responsibility for the goods or services provided by its advertisers. BoomersAbroad.com is not responsible for the conduct, whether online or offline, of any User of the BoomersAbroad Services. BoomersAbroad.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BoomersAbroad.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BoomersAbroad Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BoomersAbroad Services. Under no circumstances shall BoomersAbroad.com be responsible for any loss or damage, including personal injury or death, resulting from use of the BoomersAbroad Services, attendance at a BoomersAbroad.com event, from any Content posted on or through the BoomersAbroad Services, or from the conduct of any Users of the BoomersAbroad Services, whether online or offline. The BoomersAbroad Services are provided "AS-IS" and as available and BoomersAbroad.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BoomersAbroad.com cannot guarantee and does not promise any specific results from use of the BoomersAbroad Services.
22. Limitation on Liability. IN NO EVENT SHALL BOOMERSABROAD.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BOOMERSABROAD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOMERSABROAD.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOOMERSABROAD.COM FOR THE BOOMERSABROAD SERVICES DURING THE TERM OF MEMBERSHIP.
23. Disputes. If there is any dispute about or involving the BoomersAbroad Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either BoomersAbroad.com or you may demand that any dispute between BoomersAbroad.com and you about or involving the BoomersAbroad Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent BoomersAbroad.com from seeking injunctive relief in a court of competent jurisdiction.
24. Indemnity. You agree to indemnify and hold BoomersAbroad.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BoomersAbroad Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BoomersAbroad Website or through the BoomersAbroad Services causes BoomersAbroad.com to be liable to another.
Other. This Agreement is accepted upon your use of the BoomersAbroad Website or any of the BoomersAbroad Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BoomersAbroad.com regarding the use of the BoomersAbroad Services. The failure of BoomersAbroad.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BoomersAbroad.com is a trademark of BoomersAbroad, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.