TERMS & CONDITIONS

SINGLE USER

(Scroll down to get to the multi user terms & conditions)

BOOM LIBRARY | End-User License Agreement (Single User)

This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee” / “You”) and BOOM Library GmbH. By licensing or using the audio effects, source files, and documentation (“CONTENT”), you agree to these terms.

1. Grant of License

BOOM Library grants a worldwide, non-exclusive MEDIA LICENSE for commercial and non-commercial use in your productions (“PRODUCTION”), such as film, television, streaming series, music releases, video games, broadcast, advertising, podcasts, AR/VR experiences, theme-park installations, and any other audiovisual or audio-only work fixed in a tangible medium and intended for distribution or public communication.

Single User: This license is granted to one individual only.
Royalty-Free: No additional fees or attribution are required for synced use.
Rights Included: Mechanical, synchronization, public performance, and broadcast rights.
Condition of Use: You must combine the CONTENT with other elements (e.g., voice, music, or visuals). You cannot use the CONTENT “in the clear” or as a standalone product.

2. License Purchase, Terms and Taxes

BUY OUT: Full payment grants a perpetual license.
SUBSCRIPTION: Minimum 3-year term. During the active term, the Licensee may download, audition, edit, and integrate the CONTENT into PRODUCTIONS as defined in §1. CONTENT is deemed ‘used’ for the purposes of preserving the perpetual PRODUCTION license if it has been integrated into a PRODUCTION that was finalized — i.e., committed to a distribution master or equivalent — at any point during the active term. Upon expiration of the term:
1. PRODUCTIONS finalized during the active term remain licensed in perpetuity;
2. Raw CONTENT that has not been integrated into a finalized PRODUCTION must be deleted from all devices and backup systems within thirty (30) days of expiration;
3. The Licensee shall, upon BOOM Library’s request, sign a confirmation document as set out in Annex A.
Ownership: Rights are only transferred once the full LICENSE FEE is received.
Taxes: VAT is charged according to applicable laws; B2B customers may be subject to the reverse charge mechanism.

3. Prohibited Uses (Limitations)

You are strictly forbidden from using the CONTENT for:

Standalone Redistribution: Reselling, trading, or sharing raw or processed files.
Sound Libraries: Inclusion in any sample library, virtual instrument, or “stem” pack where the CONTENT is the primary value.
Primary Sound Products: Products where CONTENT comprises >50% of the total time (e.g., soundscape albums or ambient videos without narration).
AI/ML Training: Developing or training Neural Networks, Artificial Intelligence, or Machine Learning models.
Hardware: Pre-installed sounds in physical devices/toys (requires an “Audio Developer License”).
Real-time Exploitation: You may not embed or include the CONTENT in any software, application, or hardware where it functions as a real-time audio tool, effect, or processor (e.g., Impulse Responses used in convolution reverbs) rather than a fixed element of a PRODUCTION.

4. Representation & Liability

Warranty: BOOM Library owns the CONTENT and will indemnify you against ownership claims.
“As Is” Clause: CONTENT is provided without warranties. BOOM Library is not liable for business loss or damages arising from the use of the product.
Refunds: Refunds are governed by the statutory right of withdrawal set out in §6. By expressly consenting at checkout to the immediate commencement of performance (i.e., the start of the download), the Licensee acknowledges that the right of withdrawal is extinguished at that point and that no refunds will be granted thereafter. Statutory warranty rights for defects remain unaffected.

5. Violation & Protection

This CONTENT uses digital fingerprinting and online monitoring. Violation of this agreement or bypassing copy protection may result in criminal and civil penalties.

6. Consumer Information & Right of Withdrawal

Statutory Right: EU consumers generally have a 14-day statutory right of withdrawal.
Expiry: This right expires once performance begins (e.g., the download starts) with the consumer’s express consent.
Contracting Party: Purchases with EU billing addresses are concluded with BOOM Library GmbH. Purchases with non-EU billing addresses may be concluded with Smartsound LLC, an authorized reseller for all brands operated by BOOM Library GmbH. The applicable contracting party will be identified on the order confirmation and invoice.

7. Final Provisions

Governing Law: German law applies.
Jurisdiction: The exclusive place of jurisdiction is Mainz, Germany.
Termination: This Agreement terminates automatically upon any material breach by the Licensee/CUSTOMER. Upon termination:
1. All rights to use, access, or store raw or unsynchronized CONTENT cease immediately, and the Licensee/CUSTOMER shall, within fourteen (14) days, delete all copies of the CONTENT from all devices, archives, and backup systems within its reasonable control, and confirm such deletion in writing upon BOOM Library’s request;
2. PRODUCTIONS that were finalized and delivered to the relevant audience or distribution channel prior to the date of termination remain licensed in perpetuity under the terms of this Agreement, provided that the underlying breach did not consist of an unlicensed use within those PRODUCTIONS;
3. BOOM Library reserves all rights to seek damages, injunctive relief, account of profits, and any other remedies available under applicable law; and
4. Sections relating to liability, governing law, jurisdiction, and confidentiality survive termination.

8. Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: BOOM Library GmbH, Martinsstraße 9, 55116 Mainz, Germany, service@boomlibrary.com

I hereby withdraw from the contract for the purchase of the following digital content:

Ordered on:

Name/Address of Consumer:

Date:

By clicking ‘I accept’ at checkout (or by accessing or using the CONTENT, whichever occurs first), the Licensee agrees to be bound by these terms. The Licensee confirms having had a reasonable opportunity to read this Agreement before acceptance.

Annex A — Subscription End-of-Term Confirmation

The undersigned, [Licensee name], confirms with respect to the BOOM Library subscription license (Order No. [ ]) that, as of the expiration date of [ ]:

All raw CONTENT downloaded under this license that has not been integrated into a finalized PRODUCTION has been permanently deleted from all devices, archives, and backup systems within the undersigned’s reasonable control.
The PRODUCTIONS listed in Schedule A.1 are the finalized works that rely on the CONTENT and that, in accordance with §2 of the Agreement, remain licensed in perpetuity.
The undersigned undertakes not to make any further use of raw CONTENT other than as embedded in the listed PRODUCTIONS.

Date: [ ] Signature: [ ] Name and Title: [ ]

QUIET PLANET PRODUCTS LICENSE AGREEMENT (SINGLE USER)

By purchasing this product, you agreed below to the terms of this agreement, you agreed to the terms, conditions and limitations of use contained in this agreement. You purchased a license to use copyrighted audio files from Quiet Planet LLC. The rights associated with this license are available to you only.

The license for this product is granted to you only as a single user license. If you need to purchase a multiuser license, please refer to the multiuser license agreement (MULA) or contact us directly. The license for this product can be granted as a SUBSCRIPTION or as a BUY OUT, depending on the License Term stated below.

The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the audio file. Unauthorized resale of Quiet Planet LLC audio products is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files, in whole, part, to third parties. Licenses to companies or entities, such as corporations, partnerships, and trusts, are available under separate terms and conditions. Please contact Quiet Planet LLC for details. All rights not expressly granted are hereby reserved.

ALLOWED USES

Quiet Planet LLC granted you the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty free). The sounds licensed under this agreement may be reproduced by you, provided that your product contains an additional element: i.e. voice, music, image, etc. Examples of allowed uses are inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products. The rights under this license are limited and granted to a single sole user and do not extend to a company.

PROHIBITED USES

The audio files licensed under this agreement, may not be used in any product that is primarily nature audio and therefore would compete with other present and future Quiet Planet LLC products. Primarily, for the purposes of this agreement, is defined as containing pure nature sounds (without voice, music, human or machine sounds or other non-natural sounds) for at least 50% of the total elapsed time of the product. Examples of prohibited products would be environmental soundscape albums, internet radio programming consisting of only nature sounds, nature videos without narration, some mobile applications, and ringtones. If in doubt inquire with Quiet Planet LLC before using. Uses prohibited under this license may be licensed under separate agreement—contact Quiet Planet LLC for details.

Furthermore, the audio files licensed under this agreement, or any new audio content derived from or based on the audio files, may not be used in whole or in part in:

Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
Usage of the CONTENT, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.

WARRANTY

Quiet Planet LLC warrants that it has full authority to license the audio files of its products under the terms of this agreement, and that our products do not infringe on the rights of any third party.

LICENSE HOLDER

You warranted that the name entered under “Licensee” during completion of the purchase order is your full and correct current legal name.

LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Quiet Planet LLC at a nominal fee. Quiet Planet LLC shall keep a composite list of all licensees.

DERIVATIVES

All derivatives of licensed audio files, whether created in part or whole of the file licensed by this agreement, either by mixing, editing, processing or any other means remain bound by the terms and restrictions of this Agreement.

LICENSE TERM

License is bound to the named Licensee. We do offer two ways of purchasing a valid license: as a SUBSCRIPTION or as a BUY OUT. Altogether payments for the purchase of the license either as a BUY OUT or as a SUBSCRIPTION are defined as the “LICENSE FEE” in this agreement.

Any rights to the product as stated in this agreement are only transferred to you after the full LICENSE FEE has been paid by you and received by us. Without receipt of the payment of the LICENSE FEE, you do not own a valid license!

1. BUY OUT

Upon full payment of the LICENSE FEE the license to the product is granted to you in perpetuity. BUY OUT licenses can only be granted to named individuals, including single person businesses. Any company or business that has more than one member (including founders, members, staff and employees), needs to purchase a SUBSCRIPTION license.

2. SUBSCRIPTION

The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly LICENSE FEE payment. The minimum TERM of a SUBSCRIPTION is 3 (three) years. The LICENSE FEE is to be paid as a yearly upfront payment. The SUBSCRIPTION TERM automatically extends for additional 12 months periods, if the SUBSCRIPTION is not cancelled in writing (email sufficient) at least 7 days prior to the next auto-renew date. For each additional 12 months period, the yearly upfront payment of the LICENSE FEE is due.

All rights to CONTENT are terminated at the date the TERM of the SUBSCRIPTION expires (except as defined as “Sustained Use” in the GRANT OF LICENSE). Upon expiration you shall delete all CONTENT from the hard drives and any other storage media, physical or otherwise or any other copies no matter how stored (other than in and in connection with any PRODUCTIONS).

DUPLICATION AND STORAGE

You may transfer the licensed audio files to one local hard drive and also make one additional backup copy for your personal use. This license does not allow you to upload to a server or make copies available to other un-licensed users.

BREACH

In the event of a breach of this agreement, action may be taken against you by Quiet Planet LLC, the owner of the copyrighted materials, or its successor in interest. Licensee agrees that any court action to enforce the terms of this agreement will occur in the State of Washington, Kitsap County, or in the current state and county of the registered home office of Quiet Planet LLC. The non-prevailing party in any action brought for breach of this agreement will be responsible for payment of the prevailing party’s attorney fees, costs, court fees, and resulting damages.

LIABILITY

The Licensee shall not hold Quiet Planet LLC responsible for any loss of business or business profits resulting directly or indirectly from the performance of any Quiet Planet product. Quiet Planet LLC’s liability is limited solely to replacement of the product.

Quiet Planet LLC
POB 1200
Port Townsend WA 98368 USA
info@quietplanet.com

MULTI USER

(Scroll to the top to get to the single user terms & conditions)

BOOM LIBRARY | Enterprise License Agreement (Multi-User)

This Enterprise License Agreement (“MULA”) is a legal agreement between the CUSTOMER (the business entity) and BOOM Library GmbH. By licensing or using the audio effects, source files, and documentation (“CONTENT”), you agree to be bound by these terms.

1. Grant of License

Authorized Users: The CONTENT may be accessed by the specific number of AUDIO USERS (employees or contractors) designated at the time of purchase.
Workstations: Users may install the CONTENT on professional workstations and notebooks used for production.
Termination of Access: When an individual is no longer employed or contracted by the CUSTOMER, they must delete all CONTENT from their personal devices.
Scalability: CUSTOMER may add more AUDIO USERS during the term for a prorated increase in the LICENSE FEE.
Assignment / Change of Control: This Agreement may not be assigned or transferred by the CUSTOMER, in whole or in part, without BOOM Library’s prior written consent, except in the case of a merger, acquisition, or sale of all or substantially all of the CUSTOMER’s assets, in which case the Agreement passes to the successor entity under the same number of AUDIO USERS, subject to written notice to BOOM Library within thirty (30) days of the transaction.
Rights Included: Mechanical, synchronization, public performance, and broadcast rights.
Condition of Use: CONTENT must be combined with other elements (voice, music, visuals). Standalone use or resale is prohibited.
Royalty-Free: No additional royalties or source attributions are required for synchronized use in a PRODUCTION.

2. License Types, Terms and Taxes

BUY OUT: Perpetual license upon full payment of the LICENSE FEE.
SUBSCRIPTION: Minimum 3-year term. During the active term, the CUSTOMER may download, audition, edit, and integrate the CONTENT into PRODUCTIONS as defined in §1. CONTENT is deemed ‘used’ for the purposes of preserving the perpetual PRODUCTION license if it has been integrated into a PRODUCTION that was finalized — i.e., committed to a distribution master or equivalent — at any point during the active term. Upon expiration of the term:
1. PRODUCTIONS finalized during the active term remain licensed in perpetuity;
2. Raw CONTENT that has not been integrated into a finalized PRODUCTION must be deleted from all devices and backup systems within thirty (30) days of expiration;
3. The CUSTOMER shall, upon BOOM Library’s request, sign a confirmation document as set out in Annex A.
Ownership: Rights are only transferred once the full LICENSE FEE is received.
Taxes: VAT is charged according to applicable laws; B2B customers may be subject to the reverse charge mechanism.

3. Prohibited Uses (Limitations)

The CUSTOMER and its users may not:

Standalone Redistribution: Reselling, trading, or sharing raw or processed files.
Sound Libraries: Inclusion in any sample library, virtual instrument, or “stem” pack where the CONTENT is the primary value.
Primary Sound Products: Products where CONTENT comprises >50% of the total time (e.g., soundscape albums or ambient videos without narration).
AI/ML Training: Developing or training Neural Networks, Artificial Intelligence, or Machine Learning models.
Hardware: Pre-installed sounds in physical devices/toys (requires an “Audio Developer License”).
Real-time Exploitation: You may not embed or include the CONTENT in any software, application, or hardware where it functions as a real-time audio tool, effect, or processor (e.g., Impulse Responses used in convolution reverbs) rather than a fixed element of a PRODUCTION.

4. Representation & Liability

Warranty: BOOM Library warrants ownership of the CONTENT and provides indemnification against third-party ownership claims.
Liability: BOOM Library is not liable for business interruptions, loss of profits, or any damages arising from the use of the CONTENT. All CONTENT is licensed “as is.”
Refunds: Refunds are governed by the statutory right of withdrawal set out in §6. By expressly consenting at checkout to the immediate commencement of performance (i.e., the start of the download), the Licensee acknowledges that the right of withdrawal is extinguished at that point and that no refunds will be granted thereafter. Statutory warranty rights for defects remain unaffected.

5. Violation & Protection

This CONTENT uses digital fingerprinting and online monitoring. Unauthorized distribution or bypassing copy protection subjects the CUSTOMER to criminal and civil penalties.

6. Consumer Information & Right of Withdrawal

Statutory Right: EU consumers generally have a 14-day statutory right of withdrawal.
Expiry: This right expires once performance begins (e.g., the download starts) with the consumer’s express consent.
Contracting Party: Purchases with EU billing addresses are concluded with BOOM Library GmbH. Purchases with non-EU billing addresses may be concluded with Smartsound LLC, an authorized reseller. The CUSTOMER warrants that it enters into this Agreement in the exercise of its commercial or independent professional activity. The CUSTOMER acknowledges that the consumer right of withdrawal does not apply, and that this Agreement is governed by the rules applicable to commercial transactions.

7. Final Provisions

Governing Law: German law applies.
Jurisdiction: The exclusive place of jurisdiction is Mainz, Germany.
Termination: This Agreement terminates automatically upon any material breach by the Licensee/CUSTOMER. Upon termination:
1. All rights to use, access, or store raw or unsynchronized CONTENT cease immediately, and the Licensee/CUSTOMER shall, within fourteen (14) days, delete all copies of the CONTENT from all devices, archives, and backup systems within its reasonable control, and confirm such deletion in writing upon BOOM Library’s request;
2. PRODUCTIONS that were finalized and delivered to the relevant audience or distribution channel prior to the date of termination remain licensed in perpetuity under the terms of this Agreement, provided that the underlying breach did not consist of an unlicensed use within those PRODUCTIONS;
3. BOOM Library reserves all rights to seek damages, injunctive relief, account of profits, and any other remedies available under applicable law; and
4. Sections relating to liability, governing law, jurisdiction, and confidentiality survive termination.

By clicking ‘I accept’ at checkout (or by accessing or using the CONTENT, whichever occurs first), the CUSTOMER agrees to be bound by these terms. The Licensee confirms having had a reasonable opportunity to read this Agreement before acceptance.

Annex A — Subscription End-of-Term Confirmation

The undersigned, [CUSTOMER name], confirms with respect to the BOOM Library subscription license (Order No. [ ]) that, as of the expiration date of [ ]:

All raw CONTENT downloaded under this license that has not been integrated into a finalized PRODUCTION has been permanently deleted from all devices, archives, and backup systems within the undersigned’s reasonable control.
The PRODUCTIONS listed in Schedule A.1 are the finalized works that rely on the CONTENT and that, in accordance with §2 of the Agreement, remain licensed in perpetuity.
The undersigned undertakes not to make any further use of raw CONTENT other than as embedded in the listed PRODUCTIONS.

Date: [ ] Signature: [ ] Name and Title: [ ]

QUIET PLANET PRODUCTS LICENSE AGREEMENT (MULTI USER)

USERS AND WORKSTATIONS:

CUSTOMER shall be entitled to use the CONTENT within the given license specifications (“altogether MEDIA LICENSE”) for the TERM and the number of AUDIO USERS as specified during the purchase process. For the avoidance of doubts, the users can be, without limitation, the employees of the CUSTOMER, CUSTOMERs contractors and subsidiaries, like for example audio programmers, level designers, artist, etc., while AUDIO USERS are defined as employees and/or contractors of the CUSTOMER and sound designers working under written contract of CUSTOMER actively accessing and working with the CONTENT.

“WORKSTATIONS” are personal computers, notebooks and digital workstations for audio and post-production which are being used by AUDIO USERS.

In the event that an AUDIO USER is no longer employed by CUSTOMER or under written contract by CUSTOMER, all CONTENT obtained under this AGREEMENT, including any incomplete product which in any way uses CONTENT, with the exception of any PRODUCTION (as defined below) must be deleted from the former user’s hard drives and any other storage media, physical or otherwise or any other copies no matter how stored. Copies, in whole or in part, may not be retained by persons who no longer qualify as AUDIO USERS under this AGREEMENT. The CUSTOMER may add AUDIO USERS during the TERMS of this AGREEMENT for an increase of LICENSE FEE prorated to the existing LICENSE FEE either directly (for BUY OUT licenses) or in the following yearly payment (for SUBSCRIPTION licenses).

The rights associated with this AGREEMENT are available only to CUSTOMER and its AUDIO USERS. These rights are not transferable or assignable without the express written AGREEMENT of BOOM Library except as described below.

ALLOWED USES

Quiet Planet LLC grants the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty free) to the CUSTOMER. The sounds licensed under this agreement may be reproduced by the CUSTOMER, provided that the CUSTOMERs product contains an additional element: i.e. voice, music, image, etc. Examples of allowed uses are inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products.

PROHIBITED USES

Furthermore, the audio files licensed under this agreement, or any new audio content derived from or based on the audio files, may not be used in whole or in part in:

Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
Usage of the CONTENT, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.

WARRANTY

LICENSE HOLDER

CUSTOMER warrants that the name entered under “Licensee” during completion of the purchase order is the full and correct current legal name of the entity or individual for which CUSTOMER wished to obtain the license

LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Quiet Planet LLC at a nominal fee. Quiet Planet LLC shall keep a composite list of all licensees.

DERIVATIVES

LICENSE TERM

License is limited to the TERM of SUBSCRIPTION as described below. For Multi User Usages Quiet Planet LLC only allows for SUBSCRIPTION licenses. Payments for the purchase of the license as a SUBSCRIPTION are defined as the “LICENSE FEE” in this agreement.

SUBSCRIPTION

For the avoidance of doubt: the right of usage to the audio content put into a PRODUCTION of CUSTOMER during the SUBSCRIPTION TERM remains in place for sustained use in perpetuity. Any PRODUCTIONS which rightfully use the audio content may continue to use the audio content and any files derived from the audio content after expiration or termination of this AGREEMENT in perpetuity.

DUPLICATION AND STORAGE

BREACH

LIABILITY

Quiet Planet LLC
POB 1200
Port Townsend WA 98368 USA
info@quietplanet.com

LUCKY WHEEL PROMOTION DESCRIPTION

The Lucky Wheel starts on June 30th 2022 and lasts until its end is announced.

The host of this Lucky Wheel is BOOM Library GmbH (‘Host’). By participating in the Lucky Wheel, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Host, which shall be final and binding in all respects. The Host is responsible for the overall administration of the Lucky Wheel. Entrants should look solely to the Host with any questions, comments or problems related to the Lucky Wheel. The Host may be reached by email at service@boomlibrary.com during the Promotion Period.

ELIGIBILITY

Open to lawful residents who are at least 18 years of age (the ‘Entrant’). This Lucky Wheel is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

HOW TO ENTER

Enter the Lucky Wheel during the Promotion Period online by visiting the BOOM Library website (https://boomlibrary.com). Spin the wheel and win one of the following prizes: 1 free spin, 2 free spins, 10% voucher, 15% voucher, 1 free sound effect or 1 BOOM Coin. There are many ways to receive more spins: Get 1 spin every day a BOOM account is logged into, spin 10 days in a row and get 3 extra spins, get 5 spins for purchasing a product (not including free products) or win spins on the Lucky Wheel itself.

WIN SELECTION & NOTIFICATION

The prize will be selected in a random drawing directly after spinning the Lucky Wheel. The odds depend on a preset probability. The Entrant gets informed promptly via a pop-up. The prize is automatically added to the BOOM account and can be seen in the account dashboard (https://boomlibrary.com/my-account/dwof/).
The Host is not responsible for any delay or failure to receive a notification for any reason, including technical difficulties associated therewith, or the Entrant’s failure to adequately monitor their BOOM Library account.

All prizes remain in the Entrant’s BOOM Library account, even if the Lucky Wheel promotion is temporarily closed, and can be used at any time after the promotion’s end. For vouchers and BOOM Coin prizes, the stated expiration date is valid.
No substitution or transfer of a prize is possible. Prizes cannot be paid out.

PRIVACY

Any personal information supplied by you will be subject to the privacy policy of the Host posted on the Host’s website (https://boomlibrary.com/privacy/). By entering the Lucky Wheel, you grant the Host permission to share your email address and any other personally identifiable information.

LIMITATION of LIABILITY

By entering, the Entrant agrees to release and hold harmless BOOM Library GmbH and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Entrant’s participation in the Wheel of Fortune and/or their acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

DISPUTES

This Lucky Wheel IS GOVERNED BY THE LAWS OF GERMANY, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Wheel of Fortune, each participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Lucky Wheel, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Germany having jurisdiction. Furthermore, in any such dispute, under no circumstances shall a participant be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees. Each participant further waives all rights to have damages multiplied or increased. Any legal process is excluded.

HOST

BOOM Library GmbH, Kästrich 6, 55116 Mainz, service@boomlibrary.com