Effective: April 26, 2022 | Last Updated: March 10, 2023
Welcome! Boukken is your place to store your reading, watching or lists of any kind and hang out. We're happy you're here.
These terms set forth our legal obligations to each other. They apply to your use of our services.
When we say "Boukken," "we," "us," and "our" in these terms, we mean Boukken and its parent company Quantize Ltd.
When we say "services" in these terms, we mean Boukken's services, apps, websites, and other products.
When we say "you" or "your," we mean you. If you're accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and "you" and "your" will refer to that entity.
We also have a Privacy Policy , Community Guidelines , and other policies that apply to your use of our services and are incorporated into these terms. You should read these policies, they contain important information about your use of our services. Boukken's Paid Services Terms apply to any purchase you make through Boukken.
Together, these rules make Boukken possible, and they matter to us. If you believe others aren't following them, please let us know: support@boukken.com.
We provide services that allow you to interact with other Boukken users and participate in public and private communities (or "lists"). Our lists may also include access to certain features, and content that you can view, edit and use depending on your access rights.
Boukken's services are provided by Quantize Ltd. We're located at Tundja 13, Montana, Bulgaria, registered with the Bulgarian Chamber of Commerce with registration number 205752119.
By accessing our services, you confirm that you're at least 13 years old and meet the minimum age of digital consent in your country.
If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you're responsible for your teenager's activity on the services.
We're actively developing new features and products to improve Boukken. As part of these efforts, we may add or remove features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.
To access the services on an ongoing basis, you will need to create a Boukken account or sign in with a Google account. You can provide an email and password. To access certain features or communities, you may need to verify your account or add other information to your account. Our Privacy Policy discusses what information we collect and how we use this information in more detail.
You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your Boukken account. If your account is compromised, we may not be able to restore it to you.
You are also responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, we'll need to contact you at the email associated with your account, and we may not be able to restore your Boukken account to you if you no longer have access to that email account. We may also assume that any communications we've received from your account or the associated contact information have been made by you.
You agree not to license, sell, or transfer your account without our prior written approval.
When we say "your content" in these terms, we mean all the things you add (upload or create) to our services. This may include text, links, GIFs, photos, or other media. If we come up with another way for you to add content to the services, it includes that too.
You don't have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others' use of your content.
Our services allow users to add content in a number of different ways. Some of these spaces are public, and if you share content within them, that content may be accessed by people you do not know. For example, some lists are available in the Boukken Public area section of the app and do not require an invite or code to join. Other list owners may publish the list code on public websites. Anyone can access these spaces. You should be aware that these permissions are set by list owners or admins, and they may change over time. Please understand the difference between posting in public and private spaces on Boukken, and choose the right space, features, and settings for you and your content. To understand how we treat your personal information, see our Privacy Policy .
Your content is yours, but you give us a license to it when you use Boukken. Your content may be protected by certain intellectual property rights. We don't own those. But by using our services, you grant us a license, which is a form of permission to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services:
Use, copy, store, distribute, and communicate your content in manners consistent with your use of the services. (For example, so we can store and display your content.)
Publish, publicly perform, or publicly display your content if you've chosen to make it visible to others. (For example, if you make your list public.)
Monitor, modify, translate, and reformat your content. (For example, so we can resize an image you post to fit on a mobile device.)
Sublicense your content, to allow our services to work as intended. (For example, so we can store your content with our cloud service providers.)
This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.
We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these terms, our Community Guidelines , our Privacy Policy or any applicable law or regulation.
We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.
Our services include some content that belongs to us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content.
Other people's content. Our services might also provide you with access to other people's content. You may not use this content without that person's consent, or as allowed by law. Other people's content is theirs and doesn't necessarily reflect Boukken's own views. Boukken doesn't endorse or verify the accuracy or reliability of content shared by our users. We work hard to try to make Boukken a safe, positive, and inclusive place, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.
Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources.
License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services.
You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
Although we are granting you this license, we retain any intellectual property rights we have in our software and services.
Open source. Some of Boukken's services include software subject to separate open source license terms, and your use of those services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these terms.
Third Party Software and Services. Our services may allow you to access apps or other products, features or services developed by third parties. It's your choice whether to use these products and whether to participate in Boukken lists that incorporate these features, and you should review any terms and policies provided by the third party before doing so. The third party's terms and policies, and not Boukken's, govern your use of these products or services. While these third party services do need to follow all policies that apply to them (which may include our Community Guidelines ), Boukken is not responsible for products developed by third parties.
We respect the intellectual property of others and expect our users to do the same. See our Copyright & IP Policy for more information.
We won't charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features and products. Boukken's Paid Services Terms also apply to any purchase you make through Boukken, and you may also be asked to agree to separate terms before purchasing or selling new offerings through Boukken.
When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behavior when using Boukken. Fundamentally, do not do, try to do, or encourage or help others to do any of the following:
Don't use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user's account or any non-public portions of the services, infringing anyone else's intellectual property rights or any other proprietary rights, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our services.
Don't use the services to do harm to Boukken. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our customer service mechanisms.
Don't use the services to do anything else that's illegal. This includes using the services to commit any crime or infringe anyone's intellectual property rights.
We encourage you to report content or conduct that you believe violates these restrictions to support@boukken.com.
Your right to terminate. You're free to stop using Boukken's services at any time and for any reason. You can delete your Boukken account through the User Settings page in the Boukken app.
Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if:
You breach these terms, our policies, or additional terms that apply to specific products.
We're required to do so to comply with a legal requirement or court order.
We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Boukken and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.
We work hard to offer great services, but there are certain aspects that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BOUKKEN, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
This warranty does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places such as the European Union that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER BOUKKEN, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOUKKEN OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), BOUKKEN LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).
BOUKKEN ISN'T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOUKKEN AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, let's consult with each other first. Before pursuing formal legal action, you agree to try to resolve a dispute with us informally by sending notice to support@boukken.com.
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission's Online Dispute Resolution (ODR) Platform . ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.
You have certain rights that, by law, can't be limited by these terms, and we in no way intend to restrict those rights in these terms.
Entire agreement. These terms cover the entire agreement between you and Boukken for your use of our services.
Additional terms. Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.
Bug reporting. We support the responsible reporting of security vulnerabilities. To report a security issue, please send us a message support@boukken.com.
Export Control. You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations ("EAR") and economic sanctions maintained by the U.S. Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR"), and will not use the services to cause a violation of such laws or regulations. Further, you represent and warrant that you are not located in North Korea, on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country's laws. You may not download or use our services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities.
Waiver, severability, and assignment. If you fail to follow these terms and we don't immediately act, that doesn't mean we're giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.
Survival. Any part of these terms that by their nature should survive after termination of these terms will survive.
Updates to these terms. We may decide to update these terms (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, or (3) to prevent abuse on or of our services. If these changes materially affect your Boukken use or your legal rights, we'll give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don't agree, you must stop using our services.
If you have any questions about these terms, please contact us at support@boukken.com. We may send you electronic communications related to our services. Where required, we'll get your consent before sending you direct marketing messages, and we'll make it easy for you to opt out.
© 2019-2024. All rights reserved
