The BonGEO Inc ("BonGEO") provides the information on this Web site as provided in these Terms of Service ("TOS"). BonGEO may update the TOS at any time and without prior notice by posting a new version at http://www.bongeo.com. The information on this site and your use of it is subject to the most recent version of the TOS posted.
2. DESCRIPTION OF SERVICE
BonGEO provides you with access to discussion lists, forums, licenses and a variety of other services. ("BonGEO Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current BonGEO Service shall be subject to the TOS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the BonGEO Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the BonGEO Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BonGEO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BonGEO has the right to suspend or terminate your account and refuse any and all current or future use of the BonGEO Services (or any portion thereof).
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BonGEO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the BonGEO Service. BonGEO does not control the Content posted via the BonGEO Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BonGEO 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 BonGEO Service. You agree to not use the BonGEO Service to:
1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the BonGEO Service;
4) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
5) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
7) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
9) interfere with or disrupt the BonGEO Service or servers or networks connected to the BonGEO Service, or disobey any requirements, procedures, policies or regulations of networks connected to the BonGEO Service;
10) intentionally or unintentionally violate any applicable local, state, national or international law,
11) "stalk" or otherwise harass another; and/or
12) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that BonGEO may or may not pre-screen Content, but that BonGEO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the BonGEO Service and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that BonGEO may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BonGEO its users and the public.
6. CONTENT MADE AVAILABLE FOR INCLUSION ON THE BonGEO SERVICE
(i) BonGEO does not claim ownership of Content you submit or make available for inclusion via the BonGEO Service. However, with respect to Content you submit or make available for inclusion on the publicly available BonGEO Service, you irrevocably grant BonGEO the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the BonGEO Service or other publications by BonGEO in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the http://www.bongeo.com/ Web site.
(ii) And for Content you submit for private discussions, you grant BonGEO the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the BonGEO Service or other publications by BonGEO in any media whether now existing or which come into the existence into the future on the associated private discussion group.
You agree to indemnify and hold BonGEO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the BonGEO Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. MODIFICATIONS TO BonGEO SERVICE
You acknowledge that BonGEO may establish general practices and limits concerning use of the BonGEO Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the BonGEO Service.. You further acknowledge that BonGEO reserves the right to modify these general practices and limits from time to time. BonGEO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the BonGEO Service (or any part thereof) with or without notice. You agree that BonGEO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BonGEO Service.
You agree that BonGEO may terminate your access to the BonGEO Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
10. DATA SOURCES AND LINKS
(a) The BonGEO Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BonGEO has no control over such sites and resources, you acknowledge and agree that BonGEO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BonGEO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
(b) All data served by BonGEO are not fully verified or validated and should be considered preliminary and subject to change. Data and information provided are for the express purpose of informing, reporting or forecasting. As such, they should not be used to formulate or support regulation, trends, guidance, or any other government or public decision making.
(c) BonGEO does not create all the data served, vouch for its accuracy, or guarantee that it is the most recent data available from the data provider. For many or all of the data, the data is by its nature approximate and will contain some inaccuracies. The data may contain errors introduced by the data provider(s) and/or by BonGEO. The names of countries and other territories shown in the tool may differ from those in the original data.
11. WARRANTIES AND DISCLAIMERS
BonGEO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BonGEO (i) expressly disclaims the accuracy, adequacy, or completeness of any data and (ii) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Neither BonGEO nor any of its data providers will be liable for any damages relating to your use of the data provided herein.
You expressly understand and agree that: Your use of the BonGEO service is at your sole risk. BonGEO service is provided on an "as is" and "as available" basis. BonGEO and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BonGEO and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
(i) The BonGEO service will meet your requirements;
(ii) The BonGEO service will be uninterrupted, timely, secure or error-free and
(iii) The results that may be obtained from the use of the BonGEO service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from BonGEO or through or from the service shall create any warranty not expressly stated in the TOS.
12. LIMITATION OF LIABILITY
You expressly understand and agree that BonGEO and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if bongeo has been advised of the possibility of such damages), resulting from the use or the inability to use the BonGEO service.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
BonGEO respects the copyright of others, and we ask our users to do the same. BonGEO may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BonGEO's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BonGEO's Agent for Notice of claims of copyright infringement can be reached by email:
14. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and BonGEO and governs your use of the BonGEO Service, superseding any prior agreements between you and BonGEO with respect to the BonGEO Service. Choice of Law and Forum. The TOS and the relationship between you and BonGEO shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BonGEO agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Waiver and Severability of Terms. The failure of BonGEO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.