This is a legally binding contract between you and Bonjournal. These Terms of Service govern you access to and use of the Bonjournal products and services provided by Bonjournal LLC. By accessing or using our products and services, you agree to be bound by these terms, so please make sure you read them carefully. We welcome your feedback and questions at email@example.com.
2. Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to firstname.lastname@example.org. If we do not hear from you within ten days, the revised terms will apply to you.
3. Permitted users
The Bonjournal site is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at email@example.com. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
4. User accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the site. When you create your Bonjournal account, you must provide us with accurate and complete information and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for maintaining the confidentiality of your account password. You are also responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. Your account is for your personal, non-commercial use only. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to remove or reclaim your username if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
We reserve the right to close your account at any time for any or no reason. If we terminate your account, you agree not to recreate one without our permission. If we terminate your access to the site or you cancel your account, all of your content and data will no longer be accessible through your account, but those materials may persist and appear within the site. For example, people will not be able to view your content by navigating to your username, but may still see your content if it has been re-shared by other users.
We value hearing from our users about ways to make Bonjournal more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Bonjournal does not waive any rights to use similar or related feedback previously known to Bonjournal, or developed by its employees, or obtained from sources other than you.
6. Copyright and intellectual property
Put simply: we own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and our services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us. This license ends when you delete the material or your account. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
In addition, the site provides features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
All Bonjournal content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Bonjournal, the Bonjournal site and the Bonjournal logo are trademarks of Bonjournal LLC, in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
Bonjournal deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site, please send a notice of copyright infringement containing the following information to firstname.lastname@example.org:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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 permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to email@example.com, and include:
- A physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.
8. Bonjournal rules
We have some ground rules which you must adhere to when using the Bonjournal site. You agree not to do any of the following:
- Threaten other users with violence;
- Use hateful, abusive, harassing, libelous, or obscene language towards other users;
- Post violent, nude, partially nude, discriminatory, hateful, pornographic or sexually suggestive photos or other inappropriate material, in our sole discretion;
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Post any identification documents or sensitive financial information;
- Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Solicit, collect, use or attempt to use another person’s account;
- Impersonate another person;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to the site;
- Change, modify, adapt or alter the site or change, modify or alter another website so as to falsely imply that it is associated with our products and services;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the site, or programmatically register accounts on the site;
- Decipher, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the site, except to the limited extent applicable laws specifically prohibit such restriction;
- Facilitate or encourage any violation of these terms.
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce theseterms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
9. Third-party links, sites and services
Our site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Bonjournal. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Bonjournal, you do so at your own risk and you agree that Bonjournal will have no liability arising from your use of or access to any third-party website, service, or content.
10. Canceling your account
You can cancel your account at any time by sending an email to firstname.lastname@example.org. Following cancellation or termination of your account, it typically takes about one month to permanently delete your account and the information associated with your account.
11. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
12. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We do not take responsibility and assume no liability for user content that you or any other user or third party posts or transmits using our site. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We cannot guarantee the identity of any user you interact with on the site. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
13. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we or our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents (collectively, the “Bonjournal parties”) be liable for any loss or damage of any kind (including but not limited to any direct, indirect, incidental, special or consequential damages) arising out of, relating to or resulting from (1) the use or the inability to use the site; (2) user content; (3) any action taken in connection with copyright or other intellectual property owners, (4) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, (5) any errors or interruptions in service operation, (6) the cost of procurement of substitute goods and services; (7) unauthorized access to or alteration of your transmissions or data; (8) loss of profits, revenue, use, data, goodwill or other intangibles, even if foreseeable or we have been advised of the possibility of such damages, whether in an action by contract, negligence, strict liability or tort. The foregoing shall not apply to the extent prohibited by applicable law, in which case the liability of the Bonjournal parties shall be limited to the fullest extent permitted by law. Without limiting the foregoing, in no event shall the aggregate liability of the Bonjournal Parties to you for all damages, losses or causes of action exceed $100,000.
You agree to indemnify, defend, and hold harmless us, the Bonjournal parties, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your user content violation of these terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
These terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Santa Clara County, California and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. These terms, as may be revised in accordance with Section 2, set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.