Terms of Service

Last revised August 2016

 

TERMS OF USE

 

These Terms of Use (“Terms”) govern your use of the WWW.BONFYREAPP.COM website and of WWW.MY.BONFYREAPP.COM website (each, a “Site” and, collectively, the “Sites”) and Bonfyre services, including software, application programming interfaces (APIs) and services offered by Bonfyre and services offered by third parties integrating Bonfyre functionality (“Services”). Bonfyre Inc.(“Bonfyre”), a Delaware corporation,  currently provides the services (although it reserves the right at any time to assign or transfer its ownership of the Site and its rights and obligations with respect to the Services to any entity (1) owned wholly or partially by Bonfyre, (2) having common ownership and/or control as Bonfyre, or (3) which acquires all or any substantial portion of Bonfyre’s assets or properties associated with Bonfyre’s business associated with the Bonfyre® mark).  Bonfyre, together with any such other entity,  hereafter shall be referenced as  “Bonfyre”, “We”, “Us”. “You” refers to you as a user of the Site or Services.

 

BY USING EITHER SITE OR THE SERVICES, YOU AGREE TO THESE TERMS.

 

Eligibility

You must be at least 18 years-old to use either Site or the Services.

 

Acceptable Use of the Sites and Services

You are solely responsible for your use of the Sites and/or the Services, and for any use of the Sites or Services made using your Bonfyre account. At Bonfyre, our objective is to create a fun, useful and safe user experience and we prohibit certain kinds of conduct that could be harmful to other users of Bonfyre. When you use the Sites or Services you may not:

  • Violate any law or regulation;
  • Use the Sites or the Services other than for your own use (and not for the benefit of any third party);
  • Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable (“objectionable content”);
  • Send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • Take any action that imposes or may impose (as determined by Bonfyre in its sole discretion) an unreasonable or disproportionately large load on Bonfyre’s (or its third party providers’) infrastructure;
  • Bypass any measures Bonfyre may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Sites or Services;
  • Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
  • Stalk, harass or harm another individual;
  • Impersonate any person or entity or perform any similar fraudulent activity, such as manipulating identifiers or phishing;
  • Use any means to scrape or crawl any Web pages or content contained on or made available on or through the Sites or the Services (although Bonfyre does not allow operators of public search engines to use spiders to index content contained on or made available on or through the Sites or the Services for the sole purpose of creating publicly available searchable indices of the materials, and Bonfyre reserves the right to revoke these exceptions either generally or in specific cases);
  • Use automated methods to use the Sites or Services;
  • Delete the copyright and other proprietary rights notices on Sites or the Services or any software, application or device included in or underlying the Sire or the Services; or
  • Attempt to circumvent or interfere with any technological measure implemented by Bonfyre, Bonfyre or any of their providers or any other third party (including another user) to protect the Sites or Services or features that enforce limitations on use of the Sites or the Services or any software, application or device included in or underlying the Sites or the Services;
  • Make any use of User Content other than for personal, non-commercial use;
  • License, sub-license, sell, resell, rent, lease, transfer or assign the Service or its use (or purport to do any of the foregoing)
  • Copy, reproduce, publish, distribute or redirect, or modify or alter, any User Content or information including databases, user lists, user information, links, listings, advertisements, images, materials and other content contained on or made available through the Sites or the Services –  other than User Content posted by you in compliance with these Terms of Use;
  • Use Bonfyre copyrights or trademarks;
  • Attempt to link to or enter protected areas of the Sites or the Services, obtain access to passwords or otherwise enter non-public or secure areas of this Sites or the Services without proper authorization;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Sites or Services; make any copies of the Sites or the Services or any software, application or device included in or underlying the Sites or the Services; or
  • Advocate, encourage, or assist any third party of doing the foregoing.

 

Bonfyre has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

 

Bonfyre has a zero-tolerance policy against objectionable content. Content posted on Bonfyre will contain a button that will open a form for Users to report the content as being objectionable. Upon receipt of a completed form, Bonfyre will review the potentially objectionable content within 24 hours. If the content is determined to be objectionable content, the content will be promptly removed and, depending on the circumstances, the User posting the content will be terminated as a user of the Sites and the Services.

 

User Content

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. Bonfyre has no special relationship with or fiduciary duty to you. You acknowledge that Bonfyre has no control over, and no duty to take any action regarding: which users gains access to the Sites or the Services; what content you access via the Sites or the  Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.

 

You own your personal data, including your contacts and other information and content you post or share using the Sites or Services (“User Content”). You hereby grant Bonfyre permission to reproduce and use your User Content as follows: reproduce, distribute, display, perform, index and otherwise use your User Content solely in connection with providing the Sites or Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Sites or Services. This permission includes allowing us to use third party service providers (such as Amazon Web Services) and the rights granted to us are extended to them to the degree necessary.

 

As part of your use of the Sites or the Services, you may share content with others who were a part of a particular Bonfyre you participated in.  You understand and agree that we do not control, and cannot restrict, and have no responsibility for, what use participants in a Bonfyre may make of content other than through their use of the Sites or the Services. For example, participants in a particular Bonfyre may use the Sites or the Services to download the content relating to that Bonfyre to their devices and thereafter distribute the content to others directly from their device without making use of the Sites or the Services and we are not responsible for any such use. In addition, the sponsor of a Bonfyre may elect to terminate the Bonfyre, in which event all content posted to the Bonfyre will be deleted.

 

Certain Bonfyres (“sponsored Bonfyres”) may be sponsored by entities (“sponsors”) which may intend commercial use of the content you choose to share in such Bonfyre. Sponsors may choose to pre-populate a sponsored Bonfyre with objects (such as agendas, lists etc.) and other content, as well as to share content during the sponsored Bonfyre. In addition, content you choose to share (as well as content from other participants and other information with regard to the sponsored Bonfyre and the participants) may be shared with the sponsor as well as the participants.  The sponsor’s use of any such content or information is solely the sponsor’s responsibility and we encourage you to familiarize yourself with the sponsor’s policies with regard to content and privacy for any sponsored Bonfyre you elect to join. We cannot be responsible for how the sponsor or any other participant in the sponsored Bonfyre will make use of content you choose to share in any such Bonfyre you choose to join (or of any such other content or information). The sponsor may also request during or after your sign up for a sponsored Bonfyre that you opt-in or agree to specific terms and conditions and/or a privacy policy for the sponsored Bonfyre. We are not responsible for any such terms, conditions or policies and we encourage you to review the same carefully before agreeing or opting-in to them.  We encourage you to be mindful of which Bonfyres you choose to join and who and what you are sharing with through the Sites or the Services. The sponsor of a sponsored Bonfyre in which you participate (or are expected to participate) may also provide certain personal information about you – such as your name, email address or phone number. The sponsor’s providing such personal information is solely the sponsor’s responsibility.

 

You promise that:

  • You own all rights to your User Content or, alternatively, that you have the right to give Bonfyre the rights described above;
  • You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
  • Your User Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

We may refuse to accept or transit User Content for any reason. We may remove User Content from the Sites or Services for any reason.

 

Non-User Content Ownership

Other than User Content, we own or license all right, title and interest in and to (a) the Sites and Services, including all location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics,  interactive features, text, media and other content generated, provided, or otherwise made available on or through the Sites and the Services (“Bonfyre Content”); and (b) Bonfyre® and Bonfyre’s other trademarks, logos and brand elements (“Marks”). The Sites and the Services, Bonfyre Content and Marks are all protected under U.S. and international laws.

 

Bonfyre does not guarantee that any content (User Content or otherwise) will be made available on the Sites or through the Services. Bonfyre has no obligation to monitor the Sites, the  Services, or any content (User Content or otherwise). However, Bonfyre reserves the right to (i) remove, suspend, edit , block or modify any content (User Content or otherwise) in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Bonfyre is concerned that you may have violated these Terms of Use), or for no reason at all. Bonfyre also reserves the right to access, read, preserve, and disclose any information as Bonfyre reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, 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 Bonfyre, its users and the public.

 

Third Party Sites and Services

The Services may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Sites– collectively “Third Parties”. When you access, rely on or use Third Parties or any of their content or services, you do so at your own risk. Bonfyre is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third Parties. The inclusion of any Third Party does not imply endorsement by Bonfyre or any association with its operators.

 

Termination; Deleting Accounts

Bonfyre reserves the right to immediately terminate your access to all or any part of the Services at any time, with or without cause or notice. This termination may result in the forfeiture and destruction of all information associated with membership. At its sole discretion, Bonfyre will take reasonable steps to provide you the opportunity to download any User Content you created and will communicate with you via the designated email you list with your account.

 

Should you ever decide to delete your Bonfyre account, just login to your account on the MY.BONFYREAPP.COM website (or the Bonfyre® App via your mobile device) and click “delete account” from the settings page. If you choose to terminate your account, all of your personally identified User Content and profile will be removed from public viewing within a reasonable time period. You may have the option to download copies of all the content you shared with Bonfyre for your personal use. Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere to the extent you had shared it with others. In addition, we do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

 

If you are a participant in a sponsored Bonfyre, the continued use following any termination or deletion of your account by the sponsor of the applicable sponsored Bonfyre of any such content or information in respect of the sponsored Bonfyre is not necessarily affected by deletion of your account and, as noted above, is solely the sponsor’s responsibility. We encourage you to familiarize yourself with the sponsor’s policies with regard to content and privacy for any sponsored Bonfyre you elect to join.

 

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Copyright Notice

The Sites and the Services contain content (including without limitation location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics,  interactive features and media) specifically provided by Bonfyre or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Sites or the Services.

 

Trademarks

“Bonfyre”®, and  the Bonfyre logo are trademarks or registered trademarks of Bonfyre in the United States and/or other foreign countries. Bonfyre’s trademarks may not be used in connection with any product or service without the prior permission of Bonfyre. All authorized uses of Bonfyre’s trademarks must comply with Bonfyre’s trademark usage guidelines. All other brands, names, and trademarks are property of their respective owners. You may not use the Marks or third parties’ trademarks without the prior written permission of Bonfyre or the applicable third party owner. Bonfyre will enforce its intellectual property rights to the maximum extent possible.

 

Reporting Intellectual Property Infringement

Bonfyre respects the intellectual property of others. If you believe that your proprietary rights have been infringed by content appearing on the Sites or the Services, please email us at legal@bonfyreapp.com to notify our designated agent. Please include the words “Notice of Infringement” in the subject line of the email. We reserve the right to remove content for any reason.

 

General Limitation on Liability

Under no circumstances shall Bonfyre be liable to anyone due to the use or misuse by anyone of any content – whether or not Bonfyre Content – generated, provided, or otherwise made available on or through the Sites and the Services. Neither Bonfyre, its affiliates, or any of their respective members, managers, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Sites or the Services or any content – whether or not Bonfyre Content – generated, provided, or otherwise made available on or through the Sites and the Services, or damages from the use of or reliance on any such content, even if Bonfyre has been advised of the possibility of such damages.

 

BONFYRE DOES NOT AND CANNOT WARRANT THE PERFORMANCE, RESULTS OR OUTPUT YOU MAY OBTAIN BY USING THE  SITES OR THE SERVICES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO A USER’S JURISDICTION, BONFYRE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TITLE, ACCURACY, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, CAPABILITY, OPERATION, PERFORMANCE, SUITABILITY, COMPLIANCE WITH ANY PRIVACY OR WIRETAPPING LAWS OR FITNESS FOR ANY PARTICULAR PURPOSE. USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. EACH USER ACKNOWLEDGES THAT BONFYRE HAS NO KNOWLEDGE OF, OR CONTROL OVER, THE USE OF THE SITES OR THE SERVICES.
Bonfyre shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bonfyre’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
You release Bonfyre from all liability for you having acquired or not acquired content through the Sites or the Services. The Services may contain, or direct you to websites containing, content that some people may find offensive or inappropriate. Bonfyre makes no representations concerning any content contained in or accessed through the Sites or the Services, and Bonfyre will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or the Services.
THE SITES, SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
BONFYRE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITES OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITES OR THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): Bonfyre makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Sites or the Services or any website linked to the Sites or the Services. Bonfyre will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Bonfyre’s equipment, transmitted over networks accessed by the Sites or the Services, or otherwise connected with your use of the Sites or the Services.


Release; Statute of Limitations

In the event that you have a dispute with any individual or entity in connection with the use of the Services or Sites, you release Bonfyre, its members and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”; and if you are a resident of another state, you waive any analogous provision of such state’s law.

 

Regardless of any statute or law to the contrary or the applicable dispute resolution process, any complaint, cause of action or claim on your part against us arising out of or related to use of the Sites or the Service or under this Terms of Use or the Privacy Policy must be filed with Bonfyre within one (1) year after such complaint, cause of action or claim arose or be forever barred
Indemnity; Other Rights

By using the Sites or the Services, you agree to indemnify, defend and hold harmless Bonfyre,  its subsidiaries, affiliates, members, officers, agents, suppliers, employees and guests, from any and all costs, liabilities, charges, penalties, claims or demands, including reasonable attorneys’ fees, court costs, and other costs of collection, arising from (i) your use or misuse of the Sites or the Services or any content contained or obtained therefrom, (ii) your violation of any law or the rights of a third party or (iii) your default under this Agreement. Bonfyre shall in addition be entitled to any other remedies available to it at law, in equity or otherwise.


Government  Use

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

 

Integration and Severability

These Terms of Use are the entire agreement between you and Bonfyre with respect to the Services and use of the Sites, the Services and content contained or obtained therefrom or your User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Bonfyre with respect thereto. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Modification of Terms of Use

Bonfyre reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Sites and the Services (including without limitation, the availability of any feature, database, or content) at any time. Bonfyre may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. The current version of the Terms of Use is available at https://bonfyreapp.com/terms-of-use/ and at https://my.bonfyreapp.com/terms-of-use/. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

JURISDICTION, CHOICE OF LAW, FORUM; ETC.

These Terms of Use shall be governed in accordance with the internal laws of the State of Missouri, without regard to any conflicts of law provisions. Each user expressly agrees that all disputes under this Agreement shall be resolved by litigation in the state and federal courts located within the City of St. Louis and/or County of St. Louis, State of Missouri, and each user consents to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
A printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miscellaneous

These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Bonfyre’s prior written consent. Bonfyre may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Contact

You may contact us regarding these Terms of Use at support@bonfyreapp.com

 

Users Sponsoring Bonfyres for corporate or business

In the event that you are sponsoring a Bonfyre for corporate or business purposes or are allowed access to data and analytics (and analytic tools) with regard to Bonfyres sponsored by you, you agree that you are obligated at all times to comply with the Terms of Use  and the Privacy Policy and that your receipt and/or use of such data, analytics and analytical tools constitutes a “use of the Sites” and a “use of the Services” for all purposes of the Terms of Use  and the Privacy Policy.  In addition you agree to provide notice to users of the Bonfyre prior to or in connection with their signing up to participate in the Bonfyre with notice that the Bonfyre is a “sponsored Bonfyre” under the Privacy Policy.

 

Special Provision Applicable to Certain Schools and Teachers
If   you are a school or teacher in  the United States  and  want  your students, who are  over 18, to use the Service, including in conjunction  with the establishment of a Bonfyre  account   for the school or  a group  of students at  the   school, you are responsible for complying with the U..S. Family Educational    Rights  and  Privacy Act (“FERPA”).