User AgreementLast Modified: February 6, 2020
Terms of Service and User AgreementWelcome to BomaLink! BomaLink builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of BomaLink and the other products, features, apps, services, technologies, and software we offer (the “BomaLink Products” or “Products”), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by BomaLink, Inc.
You agree that by clicking “Sign Up”, registering, accessing or using our Products, you are agreeing to enter into a legally binding contract with BomaLink (even if you are using our Products on behalf of a company). If you do not agree to this contract (“Contract” or “Terms of Service”), do not click “Sign Up” and do not access or otherwise use any of our Products. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Products.
We don’t charge you to use BomaLink or the other products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services.
By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.
The services we provideOur mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the products and services described below to you:
Provide a personalized experience for you:Your experience on BomaLink is unlike anyone else's: from the posts, stories, events, ads, and other content you see in News Feed to the Pages you follow and other features you might use. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
Connect you with people and organizations you care about:We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the BomaLink Products you use. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, videos to watch, and people you may want to connect with.
Empower you to express yourself and communicate about what matters to you:There are many ways to express yourself on BomaLink and to communicate with connections, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the BomaLink Products you use, sending messages to a connection or several people, creating events or groups, or adding content to your profile.
Help you discover content, products, and services that may interest you:We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use BomaLink and other BomaLink Products.
Combat harmful conduct and protect and support our community:People will only build community on BomaLink if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to monitor any misuse of our Products, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data with other BomaLink affiliated companies when we detect misuse or harmful conduct by someone using one of our Products.
Provide consistent and seamless experiences across the BomaLink Company Products:Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different BomaLink company Products that you use.
Enable global access to our services:To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by BomaLink, Inc. or its affiliates.
How our services are fundedInstead of paying to use BomaLink and the other products and services we offer, by using the BomaLink Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the BomaLink company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, professionals in Nairobi who are civil engineers). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off BomaLink. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Dakar and likes software engineering) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
Your commitments to BomaLink and our communityWe provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
To use the Products, you agree that:
- you must be the “Minimum Age” (described below) or older;
- you will only have one BomaLink account, which must be in your real name; and
- you are not already restricted by BomaLink from using the Products. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13.
You agree that we will provide notices and messages to you in the following ways:
- within BomaLink, or
- sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
By submitting suggestions or other feedback regarding our Products, you agree that we can use and share (but does not have to) such feedback for any purpose without compensation to you.
Who can use BomaLinkWhen people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
- Use the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own) and use your news feed for your own professional purposes.
- Not share your password, give access to your BomaLink account to others, or transfer your account to anyone else (without our permission).
- You are under 13 years old.
- You are a convicted sex offender.
- We've previously disabled your account for violations of our Terms or Policies.
- You are prohibited from receiving our products, services, or software under applicable laws.
What you can share and do on BomaLinkWe want people to use BomaLink to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything:
- That violates these Terms, our Community Standards, and other terms and policies that apply to your use of BomaLink.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or violates someone else's rights, including their intellectual property rights.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
If we remove content that you have shared in violation of our Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
The permissions you give usWe need certain permissions from you to provide our services:
- Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on BomaLink and the other BomaLink company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
- However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described above. Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on BomaLink, you give us permission to store, copy, and share it with others such as service providers that support our service or other BomaLink Products you use. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
- immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
- your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
- where immediate deletion would restrict our ability to:
- investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
- comply with a legal obligation, such as the preservation of evidence; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
- in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
- In each of the above cases, this license will continue until the content has been fully deleted.
- Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on BomaLink next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on BomaLink. Ads like this can be seen only by people who have your permission to see the actions you've taken on BomaLink.
- Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
Product AvailabilityWe may change, suspend or discontinue any of our Products. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
Limits on using our intellectual propertyIf you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on BomaLink), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Updating our TermsWe work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. If you object to any changes, you may close your account. Your continued use of our Products after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the BomaLink community, you can delete your account at any time.
Account suspension or terminationWe want BomaLink to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can contact us if you think we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but some of the following provisions will remain in place.
Limits on liabilityWe work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or your use of the BomaLink Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the BomaLink Products will not exceed the greater of $100 or 10% of the amount you have paid us in the past twelve months.
The limitations of liability are part of the basis of the bargain between you and BomaLink and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if BomaLink or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
DisputesWe try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the BomaLink Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the District of Delaware or a state court located in Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Delaware will govern these Terms and any claim, without regard to conflict of law provisions.
If a court with authority over this Terms of Service finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Terms of Service.
This Terms of Service (including additional terms that may be provided by us when you engage with a feature of our Products) is the only agreement between us regarding the Products and supersedes all prior agreements for the Products.
If we don't act to enforce a breach of this Terms of Service, that does not mean that BomaLink has waived its right to enforce this Terms of Service. You may not assign or transfer this Terms of Service (or your membership or use of our Products) to anyone without our consent. However, you agree that BomaLink may assign this Terms of Service to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Terms of Service.
- These Terms make up the entire agreement between you and BomaLink, Inc. regarding your use of our Products. They supersede any prior agreements.
- Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
TerminationBoth you and BomaLink may terminate this Terms of Service at any time with notice to the other. On termination, you lose the right to access or use our Products. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or visitors’ rights to further re-share content and information you shared through BomaLink;
- This Termination clause, our Dispute clause, our Limits on liability clause; and
- Any amounts owed by either party prior to termination remain owed after termination.