Boom Service Agreement
The Boom Service Agreement (“Agreement”) is entered into by you (“You” or “User”) and Boom(“Boom” or “We”) and is legally binding on you and Boom.
Before using Boom, we suggest you carefully read the full content and other documents mentioned in this Agreement. By visiting Boom and starting to create or import your wallet, you agree that you have read and accepted all of the terms and conditions contained in this Agreement, which shall cause this Agreement to become effective and legally binding to both you and Boom immediately.
Boom may at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once posted on Boom, and will not notify you separately. Your use of Boom after any modification to this Agreement constitutes your acceptance of this Agreement as modified. If you disagree with the modifications, you shall cease to use Boom immediately.
BOOM: refers to an ecosystem comprising Boom websites (whose domain names include but are not limited to https://www.boomapp.org), mobile applications, clients, applets, and other applications that are developed to offer Boom Services.
Users: refer to all individuals, institutions, or organizations that access, download or use Boom or Boom Services and who meet the criteria and conditions stipulated by Boom. BY ACCESSING AND USING BOOM SERVICES, YOU REPRESENT AND WARRANT THAT YOU LIVE IN A JURISDICTION WHERE BOOM CAN BE USED LEGALLY OR AS A LEGAL CITIZEN IN THAT JURISDICTION, COMPLY WITH RELEVANT NATIONAL AND LOCAL REGULATORY REQUIREMENTS, AND HAVE REACHED THE LEVEL OF USING BOOM LEGAL AGE, WITH FULL CAPACITY FOR CIVIL CONDUCT AND CAPACITY FOR CIVIL RIGHTS. AND YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. BOOM RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF BOOM SERVICES IN CERTAIN COUNTRIES OR REGIONS. You may not use any software or network technology, including using a virtual private network (VPN) to modify your Internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.
Create or import Wallet: This means you use the Boom to create or import a wallet.
Wallet Password: This refers to the password you set when you create a Boom wallet. The wallet password will be used to encrypt and protect your Private Key.
Private Key: Private Key is the core for the user to hold and use the tokens.
Public Key: Public Key is derived from the Private Key based on cryptography and is used to generate wallet addresses. A wallet address is a public address for receiving Tokens.
Mnemonic Words: Mnemonic Words consists of 12 words that are randomly generated, the industry standard of blockchain. It is a human-readable format of words to back up your Private Key for recovery.
Tokens: Tokens that are supported by the Boom.
Content：Any content you submit, post or display on or through the Services. You own your content (and your incorporated audio, photos and videos are considered part of the content).
You understand and acknowledge that blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks, including instability of technology or failure of tokens redemption. You shall make investment decisions and hold or dispose of the tokens in a reasonable way and corresponding to your financial status and risk preferences. A digital trading asset is the free choice and decision of the user, and he shall bear the risks and possible losses. Boom does not make any express or implied warranties for users to use the Boom service, including but not limited to the suitability of the service provided by Boom, no errors or omissions, continuity, accuracy, reliability, and suitability for a specific purpose Wait. At the same time, Boom does not make any promises and guarantees the validity, accuracy, correctness, reliability, completeness, and timeliness of the technology and information involved in the services provided by Boom. Whether to log in and use the services provided by Boom is the user's personal decision and at his own risk and possible loss. Boom and its affiliates, as well as their respective shareholders, directors, senior staff, employees, shall not assume any legal responsibility for any loss or damage caused by users directly or indirectly using the content and service of this platform.
Create or Import a Wallet. You may use the Boom client application to create a new wallet or import wallets generated by other wallet applications.
Send, Receive or Transfer Tokens. You may manage your digital Tokens by using Send, receive and transfer functionalities of the Boom client application. The actual send, receive, and transfer of Tokens happen on the blockchain system (instead of in the Boom). You understand that blockchain operations are “irrevocable.” When you use Boom to transfer Tokens, you shall be responsible for the consequences and losses of mishandling the transfer (including but not limited to wrong addresses, wrong amounts, problems of the node servers selected by you).
Submit, Post, or Display Content. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating).
Deposit, Withdraw, or Send Tokens. You may manage your digital Tokens by using the Boom web application's deposit, withdrawal, and send functionalities. The actual deposit, withdraw, and send of Tokens happen on the blockchain system (instead of in the Boom). You understand that blockchain operations are “irrevocable.” When you use Boom to transfer Tokens, you shall be responsible for the consequences and losses of mishandling the transfer (including but not limited to wrong addresses, wrong amounts, problems of the node servers selected by you).
Manage Tokens. You may use Boom to add, manage, or delete the Tokens supported by Boom.
Transaction Records. We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.
Change, Suspension, Restriction, Or Termination Of Service. You understand that under certain circumstances, we may change, suspend, restrict, or terminate the functions of the Boom used by a particular User. You are entitled to export your wallets within a reasonable amount of time if Boom changes, suspends, or terminates its services. Boom has the right to cancel the user’s Boom account or terminate all Boom services in accordance with this Agreement. This Agreement terminates on the date of account cancellation or the day when all Boom services are terminated. After this Agreement is terminated, the user has no right to request Boom to continue to provide any services or perform any other obligations. We may decide from time to time (without prior notice) whether for any reason, all or part of the permanent or non-permanent modification, suspension or disabling of the service, including but not limited to any reason caused by security incidents. And we are not responsible for any loss incurred due to any service modification, suspension or termination.
Other Services that BOOM Provides. Users who accept the services mentioned above provided by Boom must understand that: The user bears full responsibility for any operation and consequences of using the Boom account and password. Users shall take care of their mobile devices, Wallet Password, Private Key, Mnemonic Words, and Keystore by themselves. Boom does not store or hold the above information for users. You shall be responsible for any risks, liabilities, losses, and expenses that result from fraud, the loss of your mobile devices, disclosing (whether actively or passively) or forgetting the Wallet Password, Private Key, Mnemonic Words, or your wallet being attacked. The user shall not give, borrow, transfer, or otherwise dispose of Boom account to others without the consent of Boom.
D. Your Rights and Obligations
User Commitment. You promise that you have full capacity for civil rights and capacity, or although you do not have full capacity for civil rights and capacity, but visit Boom and start to create or import wallet, it will be deemed to have been approved by your legal representative and registered and applied Boom services by your legal representative.
Create or Import Wallet. You are entitled to use Boom on your computer or mobile devices to create and import a wallet, set Wallet Password, and use your wallet to transfer and receive Tokens on the blockchain.
Identification Verification. If Boom reasonably deems your operation or transaction to be abnormal, or considers your identification to be abnormal, or considers your identification to be doubtful, or Boom considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with Boom and provide your valid identification documents or other necessary documents and complete the identification verification in time.
Compliance. You understand that you shall abide by relevant laws, regulations, and policies when you use the Boom. You shall not use the Boom to commit any illegal or unlawful activities. You understand and accept that you shall be responsible for any violation of law or breach of this Agreement by you and shall indemnify Boom against any losses, third-party claims or administrative penalties against Boom incurred by such violation or breach.
Without the authorization or permission of Boom, users shall not engage in any commercial activities in the name of this platform, nor shall they use Boom as a place, platform or medium for commercial activities in any form. No commercial use of any data on Boom is allowed, including but not limited to the use of the data displayed on Boom in any way such as copying, dissemination, etc., without Boom's prior written consent.
Gas and Taxes. You need to pay gas when you transfer Tokens, the amount of which would be at your sole discretion and would be collected by certain parties within the blockchain system. Under some specific circumstances, your transfer of Tokens may fail due to an unstable network, but you may still be charged gas by certain parties within the blockchain system. In addition, you shall bear all the applicable taxes and other expenses that occurred due to your transaction on the Boom.
E. Disclaimer and Limitation of Liability
You understand and agree that within the full scope permitted by law, Boom can only provide the services listed in this Agreement in accordance with the current technical level and conditions. If losses are caused to you due to the following force majeure or other reasons beyond our control, this platform will not be liable within the scope permitted by law;
Malfunction of Boom resulting from system maintenance or upgrading of Boom, or force majeure, such as typhoon, earthquake, flood, lightning, or terrorist attack, etc., or any other reasons not imputed to the Boom;
Users who lose their mobile devices delete Boom and wallets without back-up, forget Wallet Passwords, Private Keys, Mnemonic Words, Keystores without back-up, unfamiliar with the knowledge of blockchain, which results in the loss of their Tokens;
Boom is unable to copy accurate transaction records due to system delay or blockchain instability;
If you use Boom or other applications with the same name as "Boom" from any unauthorized third-party, Boom cannot guarantee the normal operation or security of such application, any loss caused by using such application shall be borne by you;
Except for projects legally authorized by Boom and publicly disclosed on the platform, Boom does not endorse any third party project. Users are requested to refer to the information officially disclosed on the platform. If you obtain software or a website with the same name as Boom from an unauthorized third party, Boom cannot guarantee the normal use of the software, nor can it guarantee its safety, so you shall bear the losses caused by it;
Boom respects the privacy of users. You understand and agree that when you use the services provided by Boom, you agree that Boom can collect, store, disclose, use, and protect your personal information within a reasonable and legal scope. Including personal registration information provided by the user; when the user uses the Boom service, Boom automatically receives and records the server value on the user's browser, including but not limited to data such as IP address and data records requested by the user; and Boom other users personal information obtained through legal means, etc. The user's successful registration with Boom shall be deemed as the User's Agreement that Boom can collect and use the various above-mentioned types of information of the user without requiring the user's additional consent.
G. Liability for Breach of Contract
Boom or the user's violation of this Agreement constitutes a breach of contract, and the breaching party shall be liable for breach of contract to the observant party. If the user causes losses to Boom due to the following breaches of contract, Boom has the right to demand compensation for the losses caused by Boom:
Loss to Boom due to untrue, incomplete or inaccurate information provided by users;
If the user engages in illegal activities in Boom or using Boom service due to violation of laws and regulations or the provisions of this Agreement, Boom has the right to immediately terminate the provision of this service to him and demand compensation from Boom. Loss caused by Wallet;
If the user interferes with the operation of Boom by technical means or interferes with the use of Boom by other users, Boom has the right to immediately terminate the provision of this service and demand compensation for the losses caused to Boom;
If the user maliciously slanders the goodwill of Boom by fictitious facts, Boom has the right to request the user to stop the infringement immediately, apologize publicly to Boom, bear the corresponding legal responsibility and compensate Boom for any losses caused thereby.
H. Intellectual Property Rights Protection
Boom is a website or application developed and owned by Boom. The intellectual property right of any contents displayed in the Boom (including but not limited to all data, files, materials, products, algorithms, software programs (including source code and compiled code), computer programs, business plans, market plans, know-how, inventions, discoveries, designs, customer information, trademarks or logo etc.) are owned by Boom or the third-party licensors. Boom only grants users a limited, revocable permission to use Boom and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent from Boom or designated right holders. Users can only use Boom and its contents for the purpose of holding and managing digital assets. No one shall use, modify, decompile, reproduce, Integrate, tamper, publicly disseminate, alter, distribute, issue or publicly publish the above-mentioned websites and contents.
I. Governing Law and Dispute Resolution
The validity, interpretation, modification, execution, and dispute resolution of this Agreement shall be governed by the laws of the United States. If there is no relevant legal provision, the general international business practice and/or industry practice shall be referred to.
All disputes, controversies, and claims ("disputes") arising from or related to this Agreement or the violation, suspension or invalidity of this Agreement shall be settled by both parties through friendly negotiation. If the two parties fail to reach an Agreement, each party hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of the State of Florida and to the jurisdiction of the United States District Court for the District of Florida for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement.
The user knows and understands the characteristics of the Internet without borders, and agrees to comply with all applicable areas related to Internet services (including the place where the service is provided, where the user is located, etc.) on this platform, including but not limited to the use of services and networks Including but not limited to laws and regulations governing output technology and data transmission.
J. Entire Agreement
This Agreement consists of the "Boom Service Agreement" and various rules published by Boom from time to time.
Some of the contents of this Agreement are deemed to be violated or invalid, and the validity of other Agreement terms will not be affected thereby.
Any translated version of this Agreement is provided for the convenience of users only, and there is no intention to modify the terms of this Agreement.
This Agreement shall become effective on October 18th, 2021.
As for issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Boom from time to time.