The following terms and conditions govern all use of the www.boom.market website (the “Site”) and the BOOM mobile application (the “App”) and related services (taken together, the “Service”).
The Service is provided by Boom Technologies (UK) Ltd (“BOOM”, “we”, “us”, “our”). The Service enables messaging between verified people and businesses at places. It is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site or in the App by BOOM (collectively, the “Terms of Use”).
To the extent that the Terms of Use conflict with any special terms and conditions applicable to the provision of the Service, such special terms and conditions shall prevail. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorised employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. If you do not agree to all of these Terms of Use, then do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
BOOM reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Except as just specified, these Terms of Use may not be amended except by written instrument executed by you and BOOM.
BOOM's current privacy policy is available at https://www.boom.market/privacy (the Privacy Statement), which is incorporated herein by this reference.
The Service (including without limitation, any content, documents, images, videos or other information made available via the Service) is provided for your personal or corporate business purposes. You are solely responsible for all the letters, information, data, audio, video, images, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”).
Any unauthorised use of the Service, including without limitation, any unauthorised commercial use, is expressly prohibited.
As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by BOOM.
You agree to abide by all applicable local, state, national and international laws. By way of example, and not as a limitation, you agree not to: (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate the distribution of any content (including letters, text, communications, software, images, audio, data, code, chat, blogs, messages, files, video or other information) using any communications service or other service available on or through the Service, that:
The sole method of payment and medium-of-exchange for goods and services within BOOM is the Boomcoin (“BMC”) crypto-currency. The Boomcoin is an Ethereum blockchain based ERC-20 token with the contract address “0xf6117cc92d7247f605f11d4c942f0feda3399cb5”, the symbol “BMC” and a decimals of precision of 18. The Service may allow you to send and receive BMC and transact with other users on BOOM (“User Transaction”). If you receive or seek to receive BMC for any User Transaction, you agree that you are responsible for (i) ensuring that you have factually and accurately described and presented the good(s) or service(s) for which you are seeking payment for in BMC. (ii) determining, paying and withholding all applicable taxes. You may buy, sell or convert your BMC into other cryptocurrencies or into fiat, at will, via a decentralised exchange, over-the-counter (OTC) or any of our centralised cryptocurrency exchange partners.
You have sole and exclusive responsibility to determine what, if any, taxes apply to transactions or the payments you receive in connection with your use of the Services (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority in the applicable jurisdiction. BOOM is not obligated to, nor will it, determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority, arising from any User Transaction.
BOOM is unable to and has no obligation to monitor the Service or any use thereof. You agree not to provide BOOM with any confidential or proprietary information that you desire or are required to keep secret.
As a condition to using Services, you will be required to sign up by entering a unique username and password and agree to this Terms of Use. Furthermore you will be required to enter your full legal name and verify your postal address before using the Service. You agree not to select or use the name and address of another person or organisation with the intent of impersonating that person.
You shall be responsible for maintaining the confidentiality of your password. You are also fully responsible for all activities that occur under identity. You agree to immediately notify BOOM of any unauthorised use of your account or any other breach of security, and BOOM will not be liable for any loss or damage arising from your failure to comply with the requirements of this paragraph.
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under BOOM's control, and you acknowledge that BOOM is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by BOOM or any association with its operators.
Boom Technologies (UK) Ltd offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilise any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
The technology and software underlying the Service or distributed in connection therewith are the property of Boom Technologies (UK) Ltd (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Boom Technologies (UK) Ltd. You further agree that all content and materials delivered via the Service or otherwise made available by BOOM at the Site and the App are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Site for any purpose is strictly prohibited. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
Copyright Complaints: BOOM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BOOM of your infringement claim in accordance with the procedure set forth below.
BOOM will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to complaints@boom.market with the Subject line: ('DMCA Takedown Request').
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, BOOM will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, BOOM has adopted a policy of terminating, in appropriate circumstances and at BOOM's sole discretion, users who are deemed to be repeat infringers. BOOM may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
By uploading, submitting or otherwise disclosing or distributing content of any kind at the Site or otherwise through the Service, you:
BOOM may at any time and in its sole discretion modify the Service or any part thereof, without notice. You agree that BOOM shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
BOOM may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BOOM, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT:
(A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT;
(B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(C) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BOOM, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT:
(A) MATTER BEYOND ITS REASONABLE CONTROL including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
((B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR
(C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF BOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN, PROVIDED, HOWEVER, THAT THIS LIMITATION OF LIABILITY IS NOT INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
You agree to defend, indemnify, and hold harmless BOOM, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Service. BOOM reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BOOM in asserting any available defences.
BOOM makes no representation that the Content is appropriate for use in locations outside the European Economic Area, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Service shall be filed only in the Netherlands and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
These Terms of Use are the entire agreement between you and BOOM with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BOOM with respect to this Site (excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with BOOM's prior written consent. BOOM may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail;
If you are aware of any violations of these Terms of Use, please report them to: abuse@boom.market
14 April 2021