Terms and Conditions of Use

Thumbln™ is a service developed, owned and hosted by Aerial Research P/L trading as Boomtastic Apps™, with Aerial Research P/L being the legal entity.

Terms

By accessing the boomtasticapps.com or thumbln.com web sites (the “web sites”) or Thumbln™ mobile application (the “mobile application”), you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, you are prohibited from using or accessing the web sites and mobile application. The material contained in the web sites and mobile application is protected by applicable copyright and trade mark law.

Licence

Permission is granted to download the mobile application via Google Play or Apples iTunes.

This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the material
  2. attempt to decompile or reverse engineer any software contained on the web sites or the mobile application
  3. remove any copyright or other proprietary notations from the material
  4. transfer the material to another person or “mirror” the material on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Boomtastic Apps at any time. Upon termination of this license, you must destroy or uninstall any downloaded material in your possession whether in electronic or printed format.

Disclaimers

The material on the web sites and mobile application is provided “as is”.

Boomtastic Apps makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, our non-infringement of intellectual property or other violation of rights.

Further, Boomtastic Apps does not warrant or make any representations concerning the accuracy, likely results, mobile network availability, mobile network reception on the web sites or the mobile application.

Your Information

All information, data, text, images, messages, or other material (”Content”) you enter using Thumbln is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content. You represent and warrant to Boomtastic Apps that:

  1. You have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you perform via Thumbln;
  2. Your use of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; or contain any matter that is libellous or otherwise in contravention of law; and
  3. Your Information will be true, accurate, current and complete at all times. All information you provide to us through any feature on the web sites or mobile application will be referred to as “Your Information.” Boomtastic Apps will only use Your Information in accordance with our Privacy Policy.

We reserve the right to reject any Content in violation of this policy.

Refer to the Privacy Policyfor details on what personal information is stored by Thumbln and how it is used.

Limitations

In no event shall Boomtastic Apps or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the content on the web sites or mobile application even if Boomtastic Apps or a Boomtastic Apps authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Boomtastic Apps shall not be liable if anything happens to you while using our service. Our service helps you to easily arrange lifts with friends or professional service providers, including the exchange of location information. It is your responsibility to assess the risk in accepting a lift from or offering a lift to any particular individual.

Boomtastic Apps can never guarantee the accuracy of your GPS position or other data so do not rely on it. Our service is intended for personal use only and we do not guarantee a certain uptime although we will attempt to minimize outages.

You are solely responsible for adding as Friends people you would trust to give you a lift or provide them a lift.

The mobile application will only work as long as you have network available on your mobile device and is dependent on platform enabled geo-positioning features such as GPS and Wi-Fi. If you are out of network or without an accurate GPS fix, the application might not work.

The service also relies on the ability to send you Push notifications. If you are outside the data network or have Push notifications disabled, the application might not work.

Also, a started request might stop due to system restrictions. It is your sole responsibility to restart the services and check if they are running and working correctly.

Revisions and Errata

The material appearing on the web sites or mobile application could include technical, typographical, or photographic errors.

Boomtastic Apps does not warrant that any of the material on the web sites or mobile application are accurate, complete, or current.

Boomtastic Apps may make changes to the material contained on the web sites or mobile application at any time without notice. Boomtastic Apps does not, however, make any commitment to update the material.

Links

Boomtastic Apps has not reviewed all of the sites linked to the web sites or mobile application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Boomtastic Apps of the site. Use of any such linked web site is at the user’s own risk.

Changes to These Terms

Boomtastic Apps may revise these terms of use for the web sites and the mobile application at any time without notice. By using the web sites or the mobile application you are agreeing to be bound by the then current version of these Terms and Conditions.

Governing Law

Any claim relating to the web sites or the mobile application shall be governed by the laws of Australia (and disputes will be addressed within the court system of South Australia) without regard to its conflict of law provisions.

Right to Contact You

By accepting these Terms and Conditions you give Boomtastic Apps the right to contact you in the future. You also accept that Boomtastic Apps’s chosen partner(s) may contact you in the future.