Terms and Conditions


Introduction

These Terms and Conditions may only be modified by an authorized executive of Booster.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Booster processes payment transactions through a 3rd-party payment service, called Stripe. Booster is not a chartered banking entity. All funds that are not part of a fee paid to Booster are paid directly to 3rd-party payment solutions.

You will not hold Booster liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.

Contributors and Users agree not to involve Booster in any litigation that occurs due to using the website.

Booster is owned by Booster TV, Inc. Neither Booster nor Booster TV, Inc. will be held liable for any loss or damage due to failure to comply to the terms of this agreement.


Terms and Conditions

Booster charges a flat fee of 5% on all payments collected, along with a processing fee of 3.4% + .30 per transaction. The service works with Stripe to ensure that all transactions go directly to you automatically - and in real-time. As a Booster user, the profile page and live stream will be publicly available on the internet, for all to see, including search engines like Google and Yahoo.

There are no private or hidden Booster profile pages. Your activity is public. Booster reserves the right to utilize all Seller broadcast recordings in online marketing efforts, including but not limited to web advertising and social media posts.

As a buyer from a Booster seller, you have the option to publicly display your purchase for all to see, including search engines like Google and Yahoo. To hide your purchase, including your name and profile photo from others visitor and search engines alike, simply click the "anonymous" checkbox during the transaction process.

You are independently responsible for complying with all applicable laws in all of your actions related to your use of Booster’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

By using Booster, Sellers are representing and warranting that all transactions received are being given and being used solely for the purpose(s) stated within the content of the Seller’s broadcast. We reserve the right to provide information relating to your broadcast with purchasers and beneficiaries of your broadcast, and with law enforcement or to assist in any investigation.


What's Not Allowed

Booster relies on its terms as a guideline in the decision-making process to arrive at its long-standing right to end any broadcast at any time for any reason. Booster will continue to reserve the right to amend its terms as it deems necessary to support the wide and varied use-cases it encounters on its growing platform. No single set of terms will ever encompass every possible variable and Booster will always review questionable broadcasts on a case-by-case basis, especially as additional information about broadcasts becomes available. Finally, Booster regularly considers information from law enforcement and government agencies to help determine what actions our team will take regarding questionable broadcasts.

To report a broadcast that you believe violates the guidelines below, please contact us at: info@boosterapp.tv

Below is a list of behaviors that are explicitly against Booster’s terms and conditions, and may therefore result in broadcasts being terminated or users being banned:

  • Sexually suggestive or explicit content
  • Adult services or products
  • Pornography of any kind
  • Broadcasts in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts
  • Content associated with hate groups or terrorist organizations
  • Illegal consumption or abuse of alcohol, tobacco, or narcotics
  • Offering equity or return-on-investment
  • Pyramid or ponzi schemes, "get rich quick" schemes
  • Purchases of annuities, investments, equity or lottery contracts
  • Offshore banking or currency exchanges
  • Betting, gambling, raffles, or sweepstakes
  • Non-medical or violent bodily mutilation
  • Graphic content of injuries or procedures
  • Procedures conducted outside of an accredited medical institution
  • Inciting or committing acts of violence or harassment against others
  • Divulging others’ private information without consent
  • Supporting or inciting treasonous behavior
  • False, misleading, dishonest statements
  • Blood, gore, graphic material
  • Ending the life of a human, animal, or extraterrestrial being
  • The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition
  • Broadcasts in support of rebel groups, militias, gangs, or any organized violence or destruction of property

While these guidelines may not cover every unique scenario, Booster will always review questionable broadcasts on a case-by-case basis and will take appropriate action where necessary.

NOTE: broadcasters will not be penalized for unwanted and inappropriate comments relating to the items above posted to their broadcasts by others.


A Special Note to Regulatory Agencies

We do not engage in any solicitation activities; such activities are carried out by our users on their own initiative.

If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern.


Tax and Legal Representations

As a condition of using our service, you represent to us that:

(a) You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through Booster (including sales tax).

(b) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;

(c) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.


Prohibited Activities

You may not use Booster service for activities that: violate any law, statute, ordinance or regulation relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Booster and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

You may not accept payments on Booster to purchase weapons, including replicas and collectible items, or ammunition.


Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to Booster immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email Booster’s Compliance Department at: support@boosterapp.tv

In this document the following phrases are defined as:

Service: This web site, Boosterapp.tv.

Seller: An individual or entity that registers an account for the service with the intent to sell items of any kind.

Purchaser: An individual or entity that submits a comment or sends money to a seller in exchange for an item or service.


Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.

TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.

WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.


Boosterapp.tv Service

Boosterapp.tv is a service that enables Sellers to collect money into their own Stripe accounts for a specific purpose. Upon becoming a Seller through the Registration process, or a Purchaser through either the transaction process or comment process, you agree that Boosterapp.tv may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the Boosterapp.tv website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.


By using the Boosterapp.tv service, you are agreeing to the following:

1) You will comply with all local, state/provincial, regional & national laws in your area of residence.

2) You are to alert the Boosterapp.tv service staff about any unauthorized use of your Seller or Purchaser accounts.

3) You will adhere to the behavior guidelines described in the above “What’s Not Allowed” section.

You agree to allow Boosterapp.tv to use anonymous aggregate data to enable Boosterapp.tv to offer a better service in the future.


Indemnification

You agree to defend, indemnify and hold harmless Booster agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.


Boosterapp.tv Accounts

Booster reserves the right to delete Seller or Purchaser accounts at our discretion.

You are fully responsible for any content you post as a Seller or a Purchaser. You agree by becoming a Seller or Purchaser that you will not:

1) Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site

2) Use your Booster account for any illegal purposes.

3) Provide information that is not complete and accurate.

4) Attempt to bypass or otherwise circumvent the designated method of payment as provided by Booster.

Booster has the right to, though will not be obligated to, in Booster's sole discretion, to remove any content or block any individual or entity for any reason.

Booster will have no obligation to provide a refund of any amounts previously paid. Booster does not and cannot review all the material posted to the Booster system. By visiting Booster you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user. By visiting Booster you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.


Choice of Law

These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of California.


Forum of Dispute

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of California.

If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.

Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.


Communications

Electronic communications from Booster will be sent to Sellers to inform them of a variety of events that inform them about the state of their fund. You agree to allow Boosterapp.tv to send these communications to your email address. You also agree that Booster is not liable for any user generated content that is sent to you as a part of these communications.

You agree that you are liable for any communications you send to potential Purchasers promoting your profile. These communications include, but are not limited to, "share" emails sent through the Booster and communications sent outside of the Booster system.


Severability

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, Booster shall have the sole right to elect which provision remains in force.


Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.