AND CONDITIONS OF USE
(“Our”, “we”, and/or “us”), welcomes you to the bonberi
website (“Site”). We are thrilled to share this journey with you and hope you
will benefit from and enjoy our Site.
Before you access, view or use (“Use”) the Site, please take a moment to
condition of your Use of the Site.
By accessing the Site, you will be deemed to have agreed to these terms
and conditions and privacy notice.
access the Site.
If you want to subscribe or contribute to bonberi content (a
“Subscriber”) and/or make use of this Site’s services (the
be asked to confirm your acceptance of the terms by checking the box labeled “I
agree to bonberi’s terms of service,” which will be located on the sign-up
Thank you again and welcome to bonberi.
1. Access to and Use of the Site
Use of the Site and
subscription to the Service are void where prohibited. By agreeing to these
terms or by using this Site, you represent and warrant that you have the right,
remain in full force and effect while you use the Site and/or are a Subscriber
or content contributor. You may
terminate your subscription at any time for any reason by following the
instructions on the Cancel Account page in Account Settings. We may terminate
your subscription for any reason at any time. Even after your subscription is
survive the termination of your subscription.
3. Use of Content and Proprietary Notices
3.1 Certain content of
this Site, including, but not limited to text, design, photographic images,
video clips, illustrations, artwork, articles, reference information, menus and
all other protectable elements of this Site, which is not “Subscriber
Content” as defined below (collectively, the “bonberi Content”),
remains the sole and exclusive property of us or the authors, as applicable,
including all copyright, trademarks and all other proprietary rights. You agree
not to duplicate, or otherwise extract any of the bonberi Content for any
purpose other than for your own personal use, unless otherwise authorized by us
in writing. You also agree not to sell or modify the bonberi Content, display,
publicly perform, distribute or otherwise use any of the bonberi Content, in
whole or in part, for any public or commercial purposes without our prior
3.2 All trademarks and
service marks, including, but not limited to characters, artwork, logos,
identified on this Site are owned exclusively by us, unless otherwise indicated
on this Site. You agree not to remove, modify, use or otherwise exploit any of
our trademarks or service marks without our prior written consent.
3.3 The bonberi Content
may be updated and otherwise modified by us without notice. You should keep
looking at this Site to see if any of the bonberi Content has changed.
3.4 You agree to use
this Site for your own personal use.
3.5 Neither we, nor any
owners, administrators, contributors, website users and authors are responsible
for any liability arising from your use of or reliance on the bonberi Content
or Subscriber Content.
4. Content Posted by You to the Service and
4.1 By publishing,
displaying or uploading (collectively, “Posting”) any text, links,
photos, video, design, illustrations, artwork, articles, messages or other data
or information (collectively, “Subscriber Content”) on or to the Site,
you agree and acknowledging that you are automatically granting, and you
represent and warrant that you have the right to grant, to us an irrevocable,
perpetual, nonexclusive, fully-paid, royalty-free and worldwide license to use,
copy, perform, display and distribute all or part of such Subscriber Content
and to prepare derivative works of, or incorporate into other works, all or
part of such Subscriber Content and to grant and authorize sublicenses of the
You also understand and
agree that if and when you decide to Post any Subscriber Content to or through
(a) The Subscriber
Content violate any law or judicial or governmental order;
(b) You represent and
warrant that you own all rights to and/or are authorized to Post the Subscriber
Content to or through this Site, and that it is not infringing on the rights of
any third party;
(c) We may preserve
and/or disclose the Subscriber Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to any claims that any Subscriber Content violated the rights of third parties,
or (d) protect the rights, property, or personal safety of this Site, its users
or the public; and
(d) We may modify,
alter, delete, remove or otherwise not display or post such Subscriber Content
at our sole discretion.
4.2 You are solely
responsible for the Subscriber Content that you Post on the Site or the Service
or transmit to others.
5. Improper Use
5.1 You agree not to
submit to us or through this Site any materials, including, but not limited to,
any Subscriber Content, that (a) infringe any copyright or other proprietary
rights of any other party, or (b) contain any defamatory or libelous
statements, (c) invade any person’s privacy, (d) harasses or threatens the
safety of any person, (e) is racially, culturally, or ethnically offensive or
hateful, (f) displays pornographic or sexually explicit material of any kind,
(g) includes material that exploits people under the age of 18 in a sexual or
violent manner or is intended to solicit personal information from anyone under
about illegal activities such as making or buying illegal weapons, violating
someone’s privacy or providing or creating computer viruses, (j) solicits
passwords or personally-identifying information for commercial or unlawful
purposes from other Subscribers, or (k) otherwise violates any federal, state,
local or foreign laws or regulations.
5.2 You further agree
not to or permit any other person to:
(a) transmit, distribute
or upload programs or material that contain malicious code, including, but not
limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs,
spyware, or other potentially harmful programs or other materials or
(b) send or enable the
transmission of junk email, duplicative or unsolicited messages, or so-called
“spamming” or “phishing”;
(c) disrupt, impair,
alter or otherwise interfere with the functions, features, Subscriber Content or use of this Site;
(d) violate any laws,
regulations, judicial or governmental order, any treaties, or violate or
infringe upon any intellectual property rights, rights of publicity or privacy,
or any other rights of ours or of any third party;
(e) gain unauthorized
access to this Site;
(f) copy, transfer or
use any names, photos, links, text, data or other content belonging to or
posted by us or other Subscribers for the purpose of selling, engaging in,
marketing or promoting any other product or service; and/or
(g) improperly display
any TCP/IP packet header or part of the header information in any email or
5.3 Even though all of
the above materials and activities are strictly prohibited, there is a small
chance that you may become exposed to them while using the Site or the Service.
If so, neither we nor any of our officers, directors, employees, members,
managers, advertisers or corporate partners will in any way be responsible for
any damages incurred or suffered by any party or caused by any party arising
out of or related to any such exposure.
5.4 You are solely
responsible for your interactions with other Subscribers. We reserve the right,
although we have no obligation, to monitor disputes between you and other
Subscribers and to take any action that we feel may be appropriate in our sole
termination of the subscription of one or more Subscribers.
6. Copyright Infringement Notification and Procedure
6.1 If you believe that
this Site contains text, images, or other elements that infringe your
copyrights in your work, please follow these procedures.
6.2 All notifications
of claimed copyright infringement related to this Site should be sent only to
our Designated Agent identified below. Note that the Designated Agent may
change from time to time, so you should check this Term of Use before sending
any notification to us.
(a) Written notification must be
submitted by email or mail to the following Designated Agent:
c/o Schwartz &
15 Maiden Lane, Suite 705
New York, New York 10038
(b) Name of Agent Designated to Receive Notification of
(c) Full Address of
Designated Agent to Which Notification Should be Sent:
c/o Schwartz &
15 Maiden Lane, Suite 705
New York, New York 10038
(d) Telephone Number of Designated
(e) Email Address of Designated Agent:
6.3 In order to comply
with Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
(a) An electronic or
physical signature of the copyright owner or of the person authorized to act on
behalf of the copyright owner of the copyrighted work(s);
(b) Identification of
the copyrighted work(s) that you or the copyright owner claim has been infringed;
(c) A description of the
material that you or the copyright owner claim is infringing, and the location
where the original or an authorized copy of the copyrighted work exists (for
example, the URL of the page as to this Website where it is lawfully posted;
(d) A clear description
of where the infringing material is located on our website, including as
applicable its URL, so that we can locate the material;
(e) Your name, address,
telephone number, and e-mail address;
(f) A statement that you
have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
(g) 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.
6.3 Counter Notices. If you believe that your content that was noticed for takedown or
removed is not infringing, or that you have authorization from the copyright
owner, the copyright owner’s agent, or pursuant to the law, to post and use the
material in your content, you may send a counter-notice containing the
Your physical or electronic signature.
Identification of the content that has been removed and the location at which
the content appeared before it was removed.
A statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content.
Your name, address, telephone number, and email address.
should be sent to the address specified in 6.2(a).
counter-notice is received by the copyright agent listed above, we may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content in 10 business days. Unless the
copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after the receipt of the
counter-notice, at our sole discretion.
7. Privacy Policies
All privacy related
provisions as to this Site can be found by clicking [insert link], and are
incorporated herein by reference.
8. Hyperlinks to
You understand and agree
that any hyperlinks to other websites that are suggested or identified in this
Site or advertisements of other parties’ products or services are provided to
you for convenience purposes only and that we do not make any representations or
warranties regarding such websites, or the products or services offered through
such websites. We do not endorse, control, verify or otherwise have any
responsibility for any such websites, their business practices, or any goods or
services associated with such websites. Please take precautions to ensure that
whatever links you select or software you download are free of items such as
viruses, defects and other items of adverse nature. Our provision of hyperlinks
to such third party websites does not imply our approval of or any guarantee of
the material on such websites. By using the Site, you expressly hold us
harmless from any and all liability arising from your use of any third party
website. We reserve the right in our sole discretion and
without notice to: (i) terminate any and all links to this Site from any third
party site, (ii) terminate any and all links from this Site to any third party
site and/or (iii) terminate any third party materials made available or
accessible via this Site and remove any online posting thereof.
1 WE ARE NOT
RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SUBSCRIBER OR
OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR
ANY LOSS, LIABILITY OR DAMAGE, INCLUDING DEFAMATION, PERSONAL INJURY,DEATH OR
PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE OR
THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO SUBSCRIBERS OR
OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG SUBSCRIBERS OR OTHER USERS OF
THE WEBSITE, WHETHER ONLINE OR OFFLINE.
2 THIS WEBSITE IS
PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES
OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF
NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE
USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
3 The content, products
and services offered herein are here to educate consumers on healthy living
issues that may affect their daily lives. Nothing in the content, products, or
services should be considered, or used as a substitute for, medical advice, diagnosis,
or treatment. This Site and its services do not constitute the practice of any
medical, nursing or other professional health care advice, diagnosis or
treatment. You should always talk to your health care provider for diagnosis
and treatment, including your specific health or medical needs. None of the
products or services offered through this Site represents or warrants that any
particular service or product is safe, appropriate or effective for you. We
advise users to always seek the advice of a physician or other qualified health
care provider with any questions regarding personal health or medical
conditions. If you have or suspect that you have a medical problem or
condition, please contact a qualified health care professional immediately. You
should never delay seeking medical advice, disregard medical advice, or
discontinue medical treatment because of information on this Site.
4 The website is
controlled and offered by bonberi from its facilities in the United States of
America. bonberi makes no representations that the site is appropriate or
available for use in other locations. Those who access or use the website from
other jurisdictions do so at their own volition and are responsible for
compliance with local laws.
5 Without limiting the
foregoing, we are not responsible for any malicious code, delays, inaccuracies,
errors, or omissions arising out of or resulting from your access and use of
this Site. You (and bonberi) assume the entire cost of all necessary servicing,
repair or correction.
10. Limitation of Liability
TO THE FULLEST EXTENT
PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, bonberi AND THEIR
RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL
SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS SHALL NOT BE
RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT,
IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE
FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
1 You agree to indemnify
and hold us harmless from and against any and all claims, liabilities and
damages (including, but not limited to reasonable attorneys’ fees and legal
costs) arising out of or relating to: (a) your use of the Site or the Service
(including the Posting by you of any Subscriber Content on the Site) in
your use of this Site are governed by the laws of the State of New York without
giving effect to any choice of law or conflict provision or rule (whether of
the State of New York or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of New York.
your use of this Site or the Service will be exclusively heard in the state or
federal courts located in New York, New York United States of America, and you
hereby consent and submit to the personal jurisdiction of such courts.
3 You may not use or
export or re-export bonberi or Subscriber Content at or on this Site or any
copy or adaptation thereof in violation of any applicable laws or regulations
including without limitation U.S. export laws and regulations.
4 If any provision of
unenforceable, that provision will be deemed severable and will not affect the
validity and enforceability of the remaining provisions.
5 No failure or delay by
shall operate as a waiver thereof.
and all other provisions stated in or through this Site, including the privacy provisions,
state the entire agreement between the parties relating to use of this Site or
the Service. Anything contained on the Site inconsistent with or conflicting
amended at any time by us without notice.
7 The expiration or
by their terms state, or evidence the intent of the parties, that the
8 There is no agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship between you and us or between us and any other Subscriber or user
of the Site or Service.
9 YOU AND bonberi AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT
FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Service,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by us without restriction.
13. Site Not Intended For Or Directed To Children
This Site is intended
for use by individuals 18 years of age or older. This Site is not directed for
use by children under the age of 18. Users under the age of 18 should get the
assistance of a parent or guardian to use this Site.
last updated in September 2013.
© Copyright 2013 bonberi.
All rights reserved.