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Boomin's Acceptable Use Policy

Updated on 31/03/21

Introduction

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING OUR SITE

This Acceptable Use Policy sets out the content and marketing standards that apply when you upload content to our Site, make contact with other users on our Site, link to our Site, or interact with our Site in any other way.

Click on the links on the left to go straight to more information on each area.

Who we are and how to contact us

Boomin.com is a site operated by PD Innovations Limited ("We"). We are registered in England and Wales under company number 12090160 and have our registered office at 59-61 Charlotte Street St Pauls Square Birmingham B3 1PX. This is also our main trading address. Our VAT number is 331 9151 22.

To contact us, please email [email protected]

By using our site you accept these terms

By using our Site, you confirm that you accept the terms of this Policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our TERMS OF USE also apply to your use of our Site as does our PRIVACY POLICY and COOKIE POLICY.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 15.12.20.

Prohibited Uses

You must not misuse our system or our Site. You must not attempt to hack into, circumvent the security of or otherwise gain unauthorised access to or disrupt the operation of our system and our Site or any server, computer or database connected to our Site. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on our Site and any forms you submit must be a genuine enquiry.

Obtaining access to any part of our system or our Site by means of any automated program (which includes, without limitation, any spider or other web crawler) is strictly unauthorised. You must not use any scraping technology on our Site.

You must not upload or use inappropriate or offensive language or content or, with the exception of those parties that have a Business Profile or approved Advertisers on Property Playground, solicit any commercial services in any communication, form or email you send or submit, from or to our Site.

Whenever you make use of features that allow you to upload content to our Site, or make contact with other users via our Site, you must comply with the ‘Content Standards’ (see below) set out in this Acceptable Use Policy. You warrant that any such contribution does comply with those standards and, if you are a business, you will indemnify us against any breach of this warranty.

You must not use our Site other than for your own personal use, as a Member Agent listing properties for sale or rent, or as a Marketer. You must not alter any copyright notices that appear on our Site.

You agree not to publish any material that may encourage a breach of any relevant laws or regulations, interfere with any other user’s enjoyment of our Site or transmit materials protected by copyright without the permission of the owner.

We shall be entitled to suspend or terminate your use of our Site without notice to you if you commit a breach of this Acceptable Use Policy which in our reasonable opinion is serious enough to merit immediate suspension or termination.

You may use our site only for lawful purposes. You may not use our Site:

  • In any way that breaches any applicable local, national or international law or regulation
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below)
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.

User generated content

All content you upload to our Site will be considered non-confidential and non-proprietary. You retain your ownership rights in your content, but you are required to grant us a licence to your content as follows:

  • By submitting content you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, store, reproduce, display, sell, modify and edit the content and to distribute it and make it available to third parties.
  • You waive any moral rights you may have in the content.
  • We will not pay you any fees for the content and reserve the right in our sole discretion to remove or edit it at any time.
  • You warrant and represent that you have all rights necessary to grant us these rights.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

The processing of any personal data that you provide via, or in connection with our Site will be governed by our Privacy Policy.

Our Site may include content uploaded by other users of our Site. This content has not been verified or approved by us and the views expressed by users on our Site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us at [email protected]

Our categories

To maintain the integrity of our Site it is important that all posts and content appear in the correct category. Boomin, in its absolute discretion, reserves the right to remove any posts and content that appear in the incorrect category or Boomin may choose to move the post and content to the correct category.

Content Standards

These content standards apply to all material which you contribute to our Site (Contribution), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Boomin will determine, in its discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • Be accurate (where it states facts)
  • Be genuinely held (where it states opinions)
  • Comply with the law applicable in England and Wales and in any country from which it is posted

Do upload:

  • Large photos (1000 pixels wide or more)
  • JPEG, GIF, PNG, or 1-page TIFF file formats
  • Good quality photos

Do not upload:

  • Small photos
  • PDF, multi-page TIFF, or EPS file formats
  • Low quality photos

A Contribution must not:

  • Be defamatory of any person
  • Be obscene, offensive, hateful or inflammatory
  • Bully, insult, intimidate or humiliate
  • Promote sexually explicit material
  • Include child sexual abuse material
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Infringe any copyright, database right or trademark of any other person
  • Be likely to deceive any person
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • Promote any illegal activity
  • Be in contempt of court
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
  • Be likely to harass, upset, embarrass, alarm or annoy any other person
  • Impersonate any person, or misrepresent your identity or affiliation with any person
  • Give the impression that the Contribution emanates from Boomin, if this is not the case
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
  • Except where you are registered as a Marketer with Boomin for the purposes of advertising on our Site (and comply with our Marketing Standards below), contain any advertising or promote any services or web links to other sites.

Marketing standards

All advertising by Marketers must have regard to the CAP Code, The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. Marketers should also have regard to the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). For the purpose of the Regulations "consumers" refers to individuals acting outside the course of their business. The CPRs prohibit unfair marketing to consumers, including misleading or aggressive advertising.

The central principle for all marketing communications is that they should be legal, decent, honest and truthful. All marketing communications should be prepared with a sense of responsibility to consumers and society and should reflect the spirit, not merely the letter, of the Code.

In particular:

  • Marketing communications should be legal, decent, honest and truthful
  • Marketing communications must reflect the spirit, not merely the letter, of the Code
  • Marketing communications must be prepared with a sense of responsibility to consumers and to society
  • Marketers must comply with all general rules and with relevant sector-specific rules
  • No marketing communication should bring advertising into disrepute
  • Marketing communications must respect the principles of fair competition generally accepted in business
  • Primary responsibility for observing the Code and ensuring that their marketing communications are legal falls on marketers. Marketing communications should comply with the law and should not incite anyone to break it
  • Marketers must not state or imply that a product can legally be sold if it cannot
  • Marketers should deal fairly with consumers

Prohibited Products

Property Playground maintains a very strict policy around the products that can be listed for sale on our Site. All products must comply with all laws and regulations.

Property Playground strives to provide a safe and trustworthy buying experience. The following products are prohibited for sale on our Site:

  1. Illegal products
  2. Stolen or counterfeit products
  3. Used products, apart from truly vintage or antique products
  4. Recalled or defective products
  5. Weapons
  6. Products using the name or brand of a company, designer, or artist in the title or description if products are not lawfully made or authorised by the named company, designer, or artist ("like a _" or "inspired by _")
  7. Products that infringe the copyrights, trademarks, or intellectual property or personal rights of others
  8. Products made of or containing real fur, of any animal wild or farmed
  9. Products that contain offensive, violent, obscene, cruel or inappropriate content in product names, descriptions, logos, or images, including but not limited to:
    • Profanity or symbols/signs representing profanity
    • Pornographic, sexually explicit, or sexually violent content
    • Promotion, depiction or glorification of illegal activity
    • Promotion, depiction or glorification of violence towards others or self
    • Promotion, depiction or glorification of hatred, intolerance, violence, ridicule, and/or bigotry toward a group of people or the promotion of organisations fostering these views (e.g., Nazi memorabilia)
    • Promotion or glorification of cruelty towards animals

It is your sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. If you sell a product that is deemed to be in violation of ‘Prohibited Products’, Property Playground, in its sole discretion, may immediately remove your product listings and terminate your account.

Misleading Marketing

Marketing communications must not materially mislead or be likely to do so.

Obvious exaggerations ("puffery") and claims that the average consumer who sees the marketing communication is unlikely to take literally are allowed provided they do not materially mislead.

Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.

Marketing communications must not materially mislead by omitting the identity of the marketer. Marketers’ should note the law requires marketers to identify themselves in some marketing communications. Marketers should take legal advice.

Subjective claims must not mislead the consumer; marketing communications must not imply that expressions of opinion are objective claims.

Offensive Marketing

Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of: age; disability; gender; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

Marketing communications must not cause fear or distress without justifiable reason; if it can be justified, the fear or distress should not be excessive. Marketers must not use a shocking claim or image merely to attract attention.

References to anyone who is dead must be handled with particular care to avoid causing offence or distress.

Marketing communications must contain nothing that is likely to condone or encourage violence or anti-social behaviour.

Marketing communications, especially those addressed to or depicting a child, must not condone or encourage an unsafe practice.

Marketers must take particular care not to include in their marketing communications visual effects or techniques that are likely to adversely affect members of the public with photosensitive epilepsy.

Marketing communications must not portray or represent anyone who is, or seems to be, under 18 in a sexual way.

Marketing communications must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.

Marketing and Children

Property Playground Is prohibited from use to those under the age of 18, therefore, we do not allow marketing to children.

Privacy

Individuals should be protected from unwarranted infringements of privacy.

Marketers should obtain written permission before:

Referring to or portraying a member of the public or his or her identifiable possessions,

Referring to a person with a public profile; implying any personal approval of the advertised product.

Financial Products

Marketers must have regard to, but not limited to, the financial promotion restriction in Section 21 of the Financial Services and Markets Act 2000 and in the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended), as reflected in the rules and guidance issued and enforced by the Financial Conduct Authority.

Offers of financial products must be set out in a way that allows them to be understood easily by the audience being addressed. Marketers must ensure that they do not take advantage of consumers' inexperience or credulity.

Marketing communications should state the nature of the contract being offered, any limitation, expense, penalty or charge and the terms of withdrawal. Alternatively, if a marketing communication is short or general in its content, free material explaining the offer must be made readily available to consumers before a binding contract is entered into.

The basis used to calculate any rate of interest, forecast or projection must be apparent immediately.

Marketing communications must make clear that the value of investments is variable and, unless guaranteed, can go down as well as up. If the value of the investment is guaranteed, the marketing communication must explain the guarantee.

Marketing communications should make clear that past performance or experience does not necessarily give a guide for the future; if they are used in marketing communications, examples of past performance or experience should not be unrepresentative.

Breach of this Policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Site, and may result in us taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which Country's Laws apply to any Disputes?

If you are a consumer, please note that the terms of this Policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this Policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.