Terms and Conditions of Sale

Each Boomstar Tribute costs one fixed price of $10.00.  

As mentioned above in these Terms of Sale, every purchase of a Boomstar Tribute helps someone in need through the organisations The Global Foodbanking Network and the Alliance for Period supplies . Whilst we cannot guarantee how many meals we donate, our goal is to donate at least one million meals by the end of The Boomstar Drop.  

Availability  

As stated above, The Boomstar Drop will be available to purchase from December 2, 2024 to and including December, 6 2024 (the “Sales Period” as stated above). Our goal is to raise as much money as possible and make this the biggest global memory capsule and tribute to our everyday heroes.  

Purchase & Next Steps  

If you are successful in purchasing a Boomstar Tribute, you will receive an email confirmation of purchase with and all the details of the next steps. We also set them out in these Terms of Sale for ease of reference. 

We go through how everything works and runs post purchase in full detail in the rest of these Terms of Sale – and we will always communicate with you regularly and continue to send updates throughout. Additionally, an updates page setting for the Boomstar project has been set up here.

As stated above, we reserve the right to update or modify these Terms of Sale at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms of Sale as changed. For this reason, we encourage you to review these Terms of Sale whenever you use this Site. 

Should you have any questions concerning any of our policies, you can email our Customer Services team at info@tangerineyard.com or send a direct enquiry via the form available on our Contact page. 

Placing Orders and Contract Creation  

The steps for placing an order on the Site and for forming a contract with us are as follows: 

Boomstar Tribute Submissions, Artistic Interpretation Licence & Schedule  

We endeavour to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in product prices, product availability, or in any way affects your individual order. 

Please be aware that we present the description of a Boomstar Tribute and content is “as is” and make no claims to its accuracy, either express or implied. You agree and acknowledge that your Boomstar Tribute will be featured in Boomstar in a way that is subjectively interpreted by us in creating, delivering and putting Boomstar together and that once you’ve made the purchase, the final look and feel of your Boomstar Tribute will be interpreted and created solely by us. We cannot guarantee that the interpretation or final result will be as you may have envisaged, hoped or imagined. Additionally, as Boomstar is a complex build across the world, we also cannot guarantee that you will be able to see or directly trace exactly where your Boomstar Tribute is. Subject to the express clause “No Guarantee of Performance” below, we can only guarantee that your Boomstar Tribute features in Boomstar (provided Boomstar is completed as intended – again see “No Guarantee of Performance” below). However, we cannot guarantee that you will love how your Boomstar Tribute appears, because as we all know art is subjective.  

We will of course be sending you regular updates and previews throughout the development, build and creation of Boomstar and The Experience (with details of The Schedule set out below) and please also be aware that we present our content ‘as is’ and make no claims to its accuracy, either express or implied.  

We reserve the right to amend errors or to update Boomstar Tribute and Boomstar information at any time without prior notice. In the event that the Boomstar Tribute is listed at an incorrect price due to photographical error, typographical error or error in pricing information, we shall have the right to refuse or cancel any orders placed for the Boomstar Tribute at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). If your card/PayPal account has already been charged for the purchase and your order is cancelled, we shall issue a credit to you in the amount of the incorrect price. 

And now to the Schedule…  

The Schedule  

As stated and set out above: 

Once payment has been made in full and you’ve received the order confirmation email, we'll also send you a link to the updates page where you can check in on the Boomstar build and launch progress. We will keep you updated throughout.

You acknowledge and accept that The Schedule below is provided as a rough guide and estimate and not an absolute guarantee of dates. As we know from the last few years, literally ANYTHING can happen.  Additionally, every Boomstar Tribute is going to be turned into an animation and then built into the Boomstar installations, which will be built in various locations all over the world.  Therefore, whilst we will be making every effort to meet the dates and rough timing guidelines set out in The Schedule, as this is a complex global project involving numerous organisations, supply and sourcing of materials and various individuals, you acknowledge and accept that these dates are a rough guideline. Additionally, we won’t just leave you hanging and wondering what’s going on, we’ll keep you updated every step of the way. 

Now without further ado, here is what we intend to happen: 

Availability  

As stated above, The Boomstar Drop will be running for a limited period from December 2, 2024 to December 6, 2024.  Unless (and subject to our complete discretion) The Boomstar Drop deadline is extended, once 11.59 EST December 9, 2024 hits, the opportunity to purchase a Boomstar Tribute will be gone and gone for good, never to appear on the Site again. We will of course make every attempt to ensure that The Boomstar Drop is removed from the Site at 12am on December 9, 2024 and in a timely manner. 

If however, you have erroneously ordered a Boomstar Tribute which is in actual fact unavailable, we will inform you as soon as possible by email. Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged). 

Pricing & Payment  

The price of a Boomstar Tribute is quoted on the Site in USD ($) and includes VAT/GST, (where and if applicable). As a Boomstar Tribute is essentially a contributing feature in a global dedication and online experience raising money for Feeding America, delivery costs are not applicable or added to the total cost of the order. However, if for any reason due to legal requirements or additional production costs we need to add a processing delivery fee (“Delivery Fee”), we will add this to the total cost of the order during the order process, but before you click on the “BUY NOW” button and we’ll specify the exact amount of the applicable Delivery Fee. 

Any such applicable Delivery Fee includes VAT/GST (where applicable). 

VAT is not included in our prices for customers outside of the UK. GST is included in our prices for Australia, Canada, the EU and the United States (where applicable). Any purchases made by customers in countries outside of the UK and United States may be subject to taxes, brokerage fees, customs duties and fees levied by the destination country, although highly unlikely in this case as there is no exchange of or delivery of a physical goods or digitial products or tickets. The Boomstar Tribute is a user contribution by you to an art project which is raising money for Feeding America. Nevertheless, we've included information regarding taxes and potential extra charges in case these become legally applicable. We will always notify you and set out any legally applicable charges.

Despite our best efforts, it is possible that the Boomstar Tribute may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order(s) has/have been confirmed and your card/PayPal account charged. If your card/PayPal account has already been charged for such a purchase and your order is cancelled, we will issue a refund to your card/PayPal account (as applicable) in the amount of the incorrect price. 

Creation Process & Delivery  

Please see The Schedule section above for detailed information on the creation and process for delivery of the Boomstar Tribute, Boomstar and the Experience. 

USEFUL INFORMATION:  

As stated above in The Schedule section, we aim to follow the timeline set out in The Schedule for completion and delivery of Boomstar and The Experience. As stated above in The Schedule, in the event that any of the specific milestone delivery dates are delayed for any reason within our control, we will keep you informed of the estimated delivery date and all issues impacting delay via our regular official Boomstar Updates page, email and The Site. 

You are also notified of the fact that there can be some potential delays to the estimated milestone dates and no performance guarantees during the ordering process and before you click the BUY NOW button and therefore acknowledge and agree that any such delay and performance issues will not entitle you to a refund or to cancel and order.  Your rights in respect of cancellations and refunds are set out in our Cancellations & Refunds policy below. 

Ownership of and risk in a Boomstar Tribute you have ordered will pass to you at the time of the order acceptance confirmation email. If you decide to ask for a refund in accordance with our Cancellations & Refunds policy, risk will remain with you until such cancellation/refund has been agreed and funds refunded to you. 

Cancellation & Refund Rights  

Every purchase of a Boomstar Tribute feeds a person in need right now. Therefore, please note that all sales of a Boomstar Tribute are final and non-refundable subject to your express statutory rights.  

What Happens Next? 

Provided that you have cancelled the contract in accordance with the express requirements above and in accordance with the requirements of your statutory rights, within 14 days of cancelling the contract, we will reimburse all payments received from you in respect of purchasing a Boomstar Tribute. However, any applicable delivery/refund processing charges are final, payable by you and non-refundable (subject to your express statutory rights). 

As stated above, the reimbursement will be paid (using the same means of payment that you used for the original transaction) within 14 days after sending you the cancellation confirmation email. 

Warranties & Disclaimers  

IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER: UNLESS SPECIFIC WARRANTIES ARE EXPRESSLY GIVEN WHEN YOU PURCHASE A BOOMSTAR TRIBUTE FROM OUR SITE, WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES IN RESPECT OF A BOOMSTAR TRIBUTE OVER AND ABOVE THOSE IMPLIED BY APPLICABLE LAW (THESE INCLUDE, FOR EXAMPLE, IMPLIED WARRANTIES REGARDING SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THAT KIND ARE COMMONLY SUPPLIED). WE REMAIN RESPONSIBLE, HOWEVER, FOR SUPPLYING A BOOMSTAR TRIBUTE IN WAY THAT CONFORMS TO THE SPECIFIC CONTRACT TERMS AS SET OUT IN THESE TERMS OF SALE. 

Limitation of Liability  

Nothing in these Terms of Sale excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer. 

SUBJECT TO THE ABOVE, WE ARE ONLY RESPONSIBLE FOR DIRECT LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF SALE (FOR EXAMPLE, IF THE LOSS OR DAMAGE WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT).  AND IN ANY CASE (SAVE FOR YOUR EXPRESS STATUTORY RIGHTS) NO GREATER THAN THE TOTAL PURCHASE PRICE YOU PAID FOR A BOOMSTAR TRIBUTE. IN ANY EVENT, WE ARE NOT LIABLE FOR: (1) ANY LOSSES, HOWSOEVER ARISING, RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION; OR (2) ANY SPECIAL OR INDIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, UNLESS THAT LOSS OR DAMAGE IS FORESEEABLE TO BOTH OF US AT THE TIME WE ENTERED INTO A CONTRACT. 

General & Governing Law  

Only you and we shall have any rights to enforce any term of the contract formed between us. 

The contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter. 

If any of these Terms of Sale or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid. 

To the maximum extent permitted by applicable laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed exclusively by English law. The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter. 

Arbitration  

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  You and Us agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms of Sale, our Terms and Conditions or to your relationship with us as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms of Sale or Terms and Conditions) will be determined by mandatory binding individual arbitration as applied by the Governing Law of these Terms of Sale. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms of Sale. 

Recovery of Litigation Expenses  

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms of Sale, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

Your Boomstar Tribute, Submission Requirements, Permissions, Rights & Liabilities  

To feature your Boomstar Tribute we will need the following information from you: 

The Boomstar Tribute 

All of the above listed information will be set out on a dedicated submissions page set up for you where you will have until The Deadline to send us your Boomstar Tribute. We set out the legal requirements and obligations below: 

By uploading a Boomstar Tribute, you hereby agree to the following terms and conditions: 
1. SUBMISSION GUIDELINES: Your represent and warrant that the Boomstar Tribute complies with the following: 
(a) The written content of your Boomstar Tribute is original and does not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. 
(b) You must have the permission of any person who is named in or who you identify or otherwise refer to in your Boomstar Tribute. In order to participate, you must be at least eighteen (18) years old. 
(c) Your Boomstar Tribute does not contain or reference any brand names, products or services of any company or any third party trademarks, copyrights, logos, trade dress or promotion of any brand, product or service. 
(d) Your Boomstar Tribute must not contain the following personal information: your (or the person you are making the dedication to) home address, e-mail address or phone number); if the Boomstar Tribute contains personal information, it is your sole responsibility to remove all such personal information from the Boomstar Tribute before uploading the Boomstar Tribute to the Site. 
(e) Your Boomstar Tribute does not contain content, images or other material that (i) is misleading, inappropriate, indecent, lewd, obscene, offensive, sexually explicit, pornographic, harmful, tortious, disparaging, defamatory, slanderous or libellous, (ii) depicts an unsafe practice or activities that are restricted, prohibited, illegal or in violation of or contrary to any applicable federal or state laws or regulations (including without limitation, the consumption of alcohol or any other controlled substances), or (iii) reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age. You agree, accept and acknowledge that if we find any such Boomstar Tribute submission to be in breach of any of these requirements that we have the right to refuse the feature of your Boomstar Tribute– without the requirement to notify you.  
(f) Your Boomstar Tribute is submitted in compliance with the format and other terms and 
conditions set forth on the Site; such requirements being made a part of these Terms of Sale and incorporated herein by reference. 
(g) You agree to indemnify us) for all damages and expenses (including reasonable attorney’s fees) arising out of any breach or failure of the representations or warranties made by you herein. 
2. GRANT OF RIGHTS: By uploading a Boomstar Tribute through our dedicated submission link you hereby grant to us and our designees (and represent and warrant that you have obtained all rights necessary to:  grant the license herein described, including from the owner of any content used in the Boomstar Tribute, if other than you) a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to publish, display, reproduce, post, edit, adapt, modify, make derivative works therefrom, use or otherwise exploit your Boomstar Tribute and its contents including, without limitation, your (and that of any person appearing in the Boomstar Tribute) name, image, likeness, voice, performance, and all other information or material contained in the Boomstar Tribute, in any way, in any manner and on any media now known or hereafter devised, without notice, credit or any compensation, for any purpose in connection with any of Boomstar elements, or The Experience and/or the advertising, promotion and publicity of Boomstar and The Experience. The foregoing grant of rights includes, without limitation, our right to use your Boomstar Tribute in Boomstar and The Experience and in digital and social media accounts and our marketing campaigns and materials for Boomstar and The Experience. You represent and warrant that you have the sole and exclusive right to grant such rights to us, our licensees, successors and assigns and that the reproduction, publishing, displaying, and/or other use of your Boomstar Tribute by Tangerine Yard, our licensees, successors and assigns will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.

Nothing in these Terms of Sale obligates or may be deemed to obligate us or any other person or entity to exercise any of the rights granted by you hereunder. 

3. LIMITATIONS OF LIABILITY AND RELEASES: BY SUBMITTING A BOOMSTAR TRIBUTE DEDICATION, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TANGERINE YARD AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND REPRESENTATIONS AND EACH OF THEIR RESPECTIVE LICENSEE, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES OR LIABILITIES OF ANY KIND TO PERSONS OR PROPERTY ARISING OR RESULTING IN ANY MANNER, DIRECTLY OR INDIRECTLY, FROM TANGERINE YARD’S USE (OR NON-USE) OF YOUR BOOMSTAR TRIBUTE AND/OR YOUR USE OF THE SITE. You expressly acknowledge that we do not owe you a duty of confidence (or fiduciary duty or the like) with regard to your Boomstar Tribute or any of the details included and submitted in your Boomstar Tribute and that Tangerine Yard has wide access to ideas, stories, photos, videos, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/photos/videos/ designs/literary/artistic materials may be competitive with, similar to (or even identical to) your Boomstar Tribute and that Tangerine Yard shall have no liability to your or any third party in conjunction therewith. YOU UNDERSTAND AND AGREE THAT YOU SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF BOOMSTAR OR THE EXPERIENCE. 
4. To the extent that the Site’s Terms and Conditions, located here (the “Site Terms”), are not in conflict with these Terms of Sale, the Site Terms and Conditions apply. 

Materials You Submit To The Site