1. Eligibility You represent and warrant that you are at least 18 years old and that all registration and profile information that you submit to Bamboo is truthful and accurate. You agree to update such account information as necessary to keep it accurate. If you misrepresent your age, we may terminate your Bamboo Community account at any time without warning, and without liability. You are solely responsible for maintaining the security and confidentiality of your password and other Member account information. You agree not to permit others to use your password or other Member account information, and you agree to notify Bamboo immediately of any unauthorized use of that information. Bamboo will not be responsible for any loss or damage arising out of the unauthorized use of your password or other Member account information; and you agree to indemnify and hold harmless Bamboo, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information. You, and not Bamboo, are solely responsible for all Content (defined below) published or displayed through your account, including without limitation any e-mail messages, posts, or tags, and for your interactions with other Members or users. You further represent and warrant that your use of the Service will not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the Service and/or are a Member. In the event that membership is terminated, all provisions of this Agreement which must survive in order to give effect to their meaning, including without limitation all of your representations, warranties, and indemnification obligations, shall survive.
3. Non-commercial use only. The Service is for the personal use of individual Members only and may not be used in connection with any commercial endeavor, except those that are specifically approved or endorsed in writing by Bamboo’s management. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. Passwords, Member or user names, photographs, links, and any other Content may not be transferred or copied from the Service for use with any other product or service. Any use of the Service that is illegal, unlawful, or that violates the letter or spirit of this Agreement or any other posted Bamboo policies, guidelines, or notices - including without limitation collecting or harvesting Member or user names and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Site - may be investigated and may result in Bamboo suspending or terminating your account, refusing any and all current or future use of the Service (or any portion thereof), and taking appropriate legal action, including without limitation criminal, civil, and injunctive redress. Bamboo reserves all right, title, and interest in the Service not expressly granted under this Agreement to the fullest extent possible; and any use of the Service not specifically permitted under this Agreement is prohibited.
4. Use of content A. The Service enables you to upload, post, publish, e-mail, or otherwise transmit to bamboofamilymag.com ("Upload") Web pages, text, code, photographs, graphics, messages, tags, and other information, data, or material ("Content"). You, and not Bamboo, are solely responsible for all Content that you Upload to bamboofamilymag.com public forums, Member profiles, categories, or any other part of the Service.
B. In connection with Content that you Upload to bamboofamilymag.com, you represent and warrant that: (1) you own, or have the necessary licenses, consents, permissions, and rights to use and to authorize Bamboo to use, all copyright, trademark, patent, trade secret, and other proprietary rights in and to all such Content, in order to permit inclusion and use of the Content as contemplated by the Service and this Agreement; and (2) you have the written consent, release, and/or permission of every person identifiable in the Content to use their name and likeness, in order to permit inclusion and use of the Content as contemplated by the Service and this Agreement.
C. You retain all of your ownership rights in Content that you Upload to bamboofamilymag.com. However, by Uploading the Content to bamboofamilymag.com, you hereby grant to Bamboo a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully sublicensable (through multiple tiers), and transferable license to copy, distribute, prepare derivative works of, adapt, publicly perform, publicly display, and use the Content in connection with the Service and Bamboo’s business. In addition, you hereby grant to each bamboofamilymag.com Member or user a non-exclusive license to access the Uploaded Content through the Service, and to reproduce, distribute, prepare derivative works of, adapt, publicly perform, publicly display, and use such Content as permitted through the Service functionality and under this Agreement. All tags and comments associated with Content - whether associated by you, the Service, other Members or users, or anyone else - become Bamboo's property; but Bamboo will grant you a perpetual right to use such tags and comments for personal, noncommercial purposes.
D. In using the Service, you may access and be exposed to Content Uploaded by others that is inaccurate, incomplete, indecent, offensive, or otherwise objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it. You will not hold Bamboo for the actions or inactions of Members or users, including without limitation any Uploaded Content. Bamboo does not make any representation or warranty about the accuracy, integrity, quality, or any other aspect of Content posted on the Site or in connection with the Service. Bamboo expressly disclaims all liability for any loss or damage incurred as a result of the use of such Content. By using the Service, you agree to bear all risks associated with any use of any Content posted on the Site or in connection with the Service and any reliance on the accuracy, completeness, or usefulness of such Content. Any opinions, statements, advice, offers, services, or other information or material expressed or made available in or through Uploaded Content are those of the respective author(s) of such Content and not of Bamboo.
E. Bamboo has the right (but not the obligation), in its sole discretion, to remove, relocate, change from public to private, or otherwise block or restrict any Uploaded Content at any time, with or without notice, and without liability.
F. You acknowledge and agree that Bamboo may access, preserve, and disclose your account information and Content if required by law or in a good faith belief that it is reasonably necessary in order to: (1) comply with legal process; (2) enforce the Agreement; (3) respond to claims that any Content violates the rights of Members, users, or third-parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of Bamboo, its Members or users, and the public.
5. Copyright Policy A. Bamboo does not condone or tolerate activities and actions that breach the rights of copyright owners. As explained in more detail below, our policy is to respond to written notifications of claimed infringement that comply with the Digital Millennium Copyright Act ("DMCA").
B. Notification of Copyright Infringement: To provide Bamboo notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." to firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
C. Providing Bamboo with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Bamboo with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at email@example.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
6. Code of Conduct. You agree that you will not, and it shall be a violation of this Agreement to:
A. Upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any Content, in whole or in part, for any purpose whatsoever except as expressly authorized in this Agreement; and to do so in any manner exceeding the scope of your rights to use such Content (e.g., license rights associated with premium content or subscription-based materials), without permission from the Content owner, or otherwise in violation of another person's rights to such Content.
B. Upload, copy, distribute, share, or otherwise use Content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, pornographic, threatening, racially or ethnically offensive, abusive, that would violate another person's rights, constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, national, or international law or regulation, or that is otherwise inappropriate.
C. Upload, copy, distribute, share, or otherwise use unsolicited or unauthorized advertising or promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. To protect our Members from such advertising or solicitation, Bamboo reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period, to a number that Bamboo deems appropriate in its sole discretion.
D. Upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent.
E. Include in your Member profile any telephone number or street address.
F. Disclose your password or transfer your account to any third party, or allow any third party to access your account.
G. Impersonate any person or entity, including without limitation Bamboo officials, staff, and/or Members.
H. Access the Service by any means other than through the interface provided by Bamboo for use in accessing the Service. This includes not using or launching any automated system, including without limitation any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to the bamboofamilymag.com or Website Toolbox servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser. Notwithstanding this, Bamboo grants the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of creating publicly available, searchable indices of such Content, but not caches or archives of such Content. Bamboo reserves the right to revoke these exceptions, in general or specific instances.
I. Interfere with or disrupt the Service or servers or networks connected to the Service, make the Service available over a network (other than Bamboo’s website) where it could be used by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
J. Use the Service to artificially generate traffic or page links to a Web site or for any other purpose not intended for personal, noncommercial use of the Service.
K. Collect, harvest, or store any personally identifiable information, including Member account information, from the Service.
L. Translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service, in whole or in part.
M. Circumvent, disable, violate, or otherwise interfere with any security related feature of the Service, or any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Service or Content.
N. Rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including without limitation your account information), use of the Service, or access to the Service.
O. Use the Service to harass or "stalk" anyone.
P. Upload Content that exploits anyone under the age of 18 in a sexual or violent manner, or that solicits personally identifiable information from anyone under the age of 18.
Q. Use the Service in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act, 8 U.S.C. P 1189.
R. Use the Service in any way that violates the terms of this Agreement, or that aids, encourages, or purports to authorize anyone else to violate the terms of this Agreement.
S. Use the Service in any way that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation.
7. Proprietary rights in content on bamboofamilymag.com. You acknowledge and agree that the Service uses and contains proprietary and confidential technology and information owned by or licensed to Bamboo, and protected by applicable intellectual property and other laws and international treaties. You are not granted any right or license with respect to the trademarks of Bamboo or any third party. You further acknowledge and agree that Content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties.
8. Member disputes. You are solely responsible for your interaction with other Bamboo Community Members or users, whether online or offline. Bamboo reserves the right, but has no obligation, to monitor disputes between you and other Members or users. If you have a dispute with one or more Members or users, you release Bamboo (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Disclaimers A. The Service (including any software contained therein) is provided "AS-IS." Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, Bamboo expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Bamboo makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and Bamboo disclaims any liability relating thereto. Bamboo cannot guarantee and does not promise any specific results from use of the Service or Internet. You are solely responsible for creating and maintaining your own personal backup of any of your Content Uploaded to Bamboo Community at bamboofamilymag.com.
B. The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall Bamboo be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Bamboo shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, Bamboo may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event Bamboo does so, it will not be liable to you or any third party.
C. You acknowledge that your Uploading of any Content to bamboofamilymag.com is done at your own risk. Bamboo shall not be held liable for any loss, damage, or injury relating to such Content in any way. Bamboo shall not be held liable for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users, Members, or any equipment or programming associated with or used in the Service. Bamboo shall not be held liable for the conduct of any Member or user. Under no circumstances shall Bamboo be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to Members, or any interaction between Members or users, whether online or offline.
D. Some of the Content, products, and services available through the Service may include materials belonging to third parties. Bamboo or its partners may present advertisements or promotional content on or through the Service. Bamboo has no control over and does not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third party through the Service or any hyperlinked Web site, or featured in any banner or other advertising. You agree that Bamboo shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such third parties on the Service.
E. The Service may present links to third-party Web sites that are not owned or operated by Bamboo. Bamboo shall not be held liable for the availability of such third-party Web sites or their contents. You agree that Bamboo shall not be held liable in any way for any loss, damage, or injury caused by or in connection with your use or reliance on contents, goods, or services available through any such third-party Web site.
F. Bamboo reserves the right, in its sole discretion, to modify, delete, or otherwise change a Member's username, with or without notice, at any time, and without liability. Bamboo reserves the right to use profile pictures, user names, and/or URL addresses of Members on the Site, including without limitation our Bamboo Community page, and in connection with promotions.
11. Limitation on liability IN NO EVENT SHALL Bamboo BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF Bamboo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Bamboo OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT Bamboo SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR OTHER THIRD PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU.
12. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Bamboo, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITE OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.
13. Notices. Bamboo may provide you with notices, including without limitation notices regarding changes to the Agreement. Unless the notice states otherwise, it will become effective immediately.
14. Miscellaneous This Agreement (including all Bamboo policies, guidelines, rules, and notices incorporated by reference herein) represents the complete and exclusive statement of the agreement between Bamboo and you regarding the use of the Site or Service; and it supersedes any prior proposal, oral or written agreement, and any other communications between Bamboo and you relating to the subject matter of this Agreement. Any failure of Bamboo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.