Bakoos enables you to publish and share information with others, to market services and products, and to sell items via the Bakoos Shop (coming soon!). The network also allows you to look for and discover information, services and products provided by others that might interest you. In order for Bakoos to provide these services and to make using the network a better experience for all, there are certain limitations on what type of content users are able to publish in the network (please refer to our “Rules and Limitations of Use” further below).
As a user, you are fully responsible for the content you provide and publish in our network. We do not actively monitor or censor user content, except if things are brought to our notice by our users, members of the public, or by members of staff. We may suspend or terminate your user account without prior notice if you abuse the Bakoos service either by spamming (flooding) the network repeatedly with the same content or by posting content that is false, illegal, vulgar, obscene, hateful, intimidating, defamatory, discriminatory, racist, sexist, abusive or threatening in nature (see “Rules and Limitations of Use”). Any posts of the above nature will be deleted immediately from our network without prior notice.
Terms of Service:
These Terms of Service ("Terms") govern your access to and use of the services provided by Bakoos Limited, including but not limited to the Property section, Local Market section, Shop section and any future services (hereafter simply referred to as "Services" or “Bakoos”) as well as all email notifications and any information, text, graphics, images, photos or other materials uploaded, downloaded or appearing on the Services (hereafter collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By creating a user account and by accessing and/or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post on the Services and for any consequences thereof. The Content you submit, post, or display will be accessible to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Bakoos and are not a person barred from receiving services under the laws of the United Kingdom or any other applicable jurisdiction. If you accept these Terms and are using the Services on behalf of a company, organisation, government or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
The Services Bakoos provides are still (and might always be) evolving, and the form and nature of these Services may change over time without prior notice to you. In addition, Bakoos may, permanently or temporarily, stop providing the Services or any features within the Services to you or to users generally and may not be able to provide you with prior notice. Bakoos also reserves the right to create limits on use and usage at its sole discretion at any time and without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Bakoos on the Services are subject to change. In consideration for Bakoos granting you access to and use of the Services, you agree that Bakoos and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or by others.
You are responsible for safeguarding the password you use to access the Services and for any activities or actions under your password. We encourage you to use STRONG passwords with your account (passwords that use a combination of upper and lower case letters, numbers and symbols). Bakoos cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on the Content or any materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Bakoos be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Bakoos 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 and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Bakoos to provide, promote and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with Bakoos for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Bakoos or other companies, organisations or individuals who partner with Bakoos, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Bakoos will not be responsible or liable for any use of your Content by Bakoos in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to use the Services
Bakoos gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Bakoos as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by Bakoos in the manner permitted by these Terms.
7. Bakoos Rights
All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Bakoos. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Bakoos name or any of the Bakoos trademarks, logos, domain names and/or other distinctive brand features. Any feedback, comments or suggestions you may provide regarding Bakoos or the Services are entirely voluntary and Bakoos will be free to use such feedback, comments or suggestions as the company sees fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Bakoos’ computer systems, or the technical delivery systems of Bakoos’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interface that is provided by Bakoos (and only pursuant to those terms and conditions), unless you have specifically been given permission to do so in a separate agreement with Bakoos (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Bakoos is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including - without limitation - sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
Bakoos respects the intellectual property rights of others and expects all users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to identify and locate the material; (iv) your contact information, including your address, telephone number and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and - under penalty of perjury - that you are authorised to act on behalf of the copyright owner.
We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion and without liability to you. In appropriate circumstances, Bakoos will also terminate a user account if the user is determined to repeatedly infringe the copyrights of others.
Please forward all notices of alleged copyright infringement appearing on the Services to:
Attn: Copyright Officer
9 St John’s Street
Essex CO2 7NN
10. Ending these Terms
These Terms will continue to apply until terminated by either you or Bakoos as follows:
You may end your legal agreement with Bakoos at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform Bakoos when you stop using the Services. If you stop using the Services without deactivating your account(s), your account(s) may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, including but not limited to, if we reasonably believe that: (i) you have violated the Terms or the Bakoos User Agreement, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts (but will not have an obligation) to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect the rights for Bakoos to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully as it limits the liability of Bakoos and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively referred to as “Bakoos Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. Availability of the Services “AS IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the generality of the foregoing, to the maximum extent permitted under applicable law, THE BAKOOS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Bakoos Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of or the failure to store or to transmit any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Bakoos Entities or through the Services will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Bakoos Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Bakoos Entities of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BAKOOS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BAKOOS ENTITIES EXCEED THE GREATER OF FIFTY BRITISH POUND STERLING (£50.00 GBP) OR THE AMOUNT YOU PAID BAKOOS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BAKOOS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Bakoos to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Colchester, Essex, United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a UK, county council or local government entity in the United Kingdom using the Services in your official capacity and are legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such UK government entities, these Terms and any action related thereto will be governed by the laws of the United Kingdom (without reference to conflict of laws).
C. Entire Agreement
We may revise these Terms from time to time; the most current version will always be available on our website at User Agreement. If the revision, in our sole discretion, is material, we will notify you via a Bakoos update or by email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Bakoos Limited, Unit 144, Communications House, 9 St John’s Street, Colchester, Essex CO2 7NN, United Kingdom. If you have any questions about the ‘Terms of Service’, please feel free to contact us.
Effective from 01 June 2014
Rules and Limitations of Use:
(we reserve the right to change these ‘Rules and Limitations of Use’ at any time)
Spam and Abuse:
Bakoos strives to protect its users from spam and abuse. The abuse of users as well as technical abuse are not tolerated and may result in the permanent suspension of your account. Any accounts engaging in such activities as outlined below may be subject to permanent suspension.
Spam: You may not use the Bakoos service for the purpose of spamming anyone. What constitutes “spamming” will continuously evolve as we respond to new tricks and tactics used by spammers. Some of the factors we will take into account in order to determine which conduct is considered to be “spamming” are the following:
- if you have followed and/or unfollowed large numbers of users in a short period of time, particularly by automated means (aggressive following or follower churn);
- if you repeatedly follow and unfollow people, whether for the purpose of gaining followers or in order to garner more attention for your profile;
- if your updates consist mainly of links rather than personal updates;
- if a large number of people decide to unfollow you;
- if a large number of spam complaints have been filed against you;
- if you repeatedly post duplicate content over multiple accounts or multiple duplicate updates on one account;
- if you post false or misleading content in an attempt to bring attention to an account or service;
- if you aggressively repost the same feeds in an attempt to bring attention to an account or service;
- if you post the information of other users as your own (feeds, urls, bio etc.);
- if you post misleading links, e.g. affiliate links, links to malware or click jacking pages, etc.;
- if you create multiple misleading accounts in order to gain followers;
- if you use or promote third-party sites that claim to get you more followers or offer to automatically add followers to your account;
- if you “purchase” followers;
- if you “sell” followers.
Serial Accounts: You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in the suspension of all related accounts. Please note that any violation of the Bakoos ‘Rules and Limitations of Use’ is cause for permanent suspension of all accounts.
Targeted Abuse: You may not engage in targeted abuse or harassment. Some of the factors we will take into account in order to determine which conduct is considered to be “targeted abuse” or “harassment” are the following:
- if you are sending messages to a user from multiple accounts;
- if the sole purpose of your account is to send abusive messages to others;
- if the reported behaviour is one-sided or includes threats.
Pornography: You may not use obscene or pornographic images in your user profile image, or upload and post obscene or pornographic images as part of your feeds or of any content you upload and publish in the Bakoos network.
Username Squatting: You may not engage in username squatting (accounts which have been inactive for more than 6 months may also be removed without further notice). Some of the factors we will take into account in order to determine which conduct is considered to be “username squatting” are the following:
- the number of accounts created;
- creating accounts for the purpose of preventing others from using those account names;
- creating accounts for the purpose of selling those accounts;
- using feeds of third-party content to update and maintain accounts under the names of those third parties.
Buying and Selling Usernames: You may not buy or sell usernames.
Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
Trademarks: You may not use a username on which a business or individual holds a legal claim or trademark. We reserve the right to reclaim such usernames on behalf of a business or individual. Any accounts using business names and/or logos to mislead others may be permanently suspended or deleted.
Copyright: We will respond to clear notices of alleged copyright infringement and reserve the right to remove any content alleged to be infringing at our sole discretion and without prior notice.
Private Information: You may not publish or post other people's private and confidential information, such as bank account details, credit card numbers, address details, employment details, health records, social security/national identity numbers or any other private or confidential information without their express authorisation and permission.
Impersonation: You may not impersonate others through the Bakoos service in a manner that does or is intended to mislead, confuse or deceive others.
Unlawful Use: You may not use the Bakoos service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local (national) laws regarding online conduct and acceptable content.
Violence and Threats: You may not publish or post indirect, direct or specific threats of violence against others.
Misuse of Bakoos Logos/the Bakoos Name: You may not use any logos, such as but not limited to the promoted Bakoos logo, unless provided by Bakoos. Accounts using these logos or the Bakoos name as part of profile images or in a manner that falsely implies affiliation with Bakoos may be suspended or terminated.
Accounts engaging in any of the above listed behaviours constituting a violation of the ‘Terms of Service’ and thereby of the User Agreement may be investigated for abuse. Accounts, while under investigation, will be temporarily suspended. If our investigation finds the abuse/violation of the ‘Terms of Service’ or ‘Rules and Limitations of Use’ (i.e. the User Agreement) to be true, your account will be permanently suspended. Any accounts created to replace suspended accounts will also be permanently suspended. Bakoos reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate the above ‘Rules and Limitations of Use’ or the ‘Terms of Service’, i.e. if you are in violation of the User Agreement.
If you have any questions about the ‘Rules and Limitations of Use’, please feel free to Contact Us.
To report a user account for violation of the Bakoos ‘Rules and Limitations of Use’, please use our Contact Form.
Effective from 01 June 2014