Bonfyre Terms of Use Applicable to All Users

These Terms of Use (“Terms”) govern your visiting, accessing and/or using the BONFYREAPP.COM website,  the INFO.BONFYREAPP.COM website and/or  the MY.BONFYREAPP.COM website (each, a “Site” and, collectively, the “Sites”) and/or your visiting, accessing and/or using or participating in any of the applications, products, features or services at any time offered by Bonfyre Inc., a Delaware corporation, (“Bonfyre”, “We”, “Us”) or by third parties utilizing or integrating (or in connection with) any Bonfyre functionality (collectively, “Services”). “You” refers to you as a user of any of the Sites or Services.

By visiting, accessing and/or using or participating (including by way of responding to a survey, broadcast or other feature included therein) in any of the Sites or the Services, you agree to these Terms.

If you are visiting, accessing and/or using or participating (including by way of responding to a survey, broadcast or other feature included therein) in any of the Sites or the Services and do not have a Bonfyre account, the provisions of these Terms which are specific to Bonfyre accounts shall be disregarded but all other provisions remain applicable.

Privacy Policy
You consent to and agree to the provisions of the Bonfyre Privacy Policy https://bonfyreapp.com/privacy-policy and to the collection and usage of data as permitted or contemplated thereby.

Eligibility

You must be at least 18 years-old to use any of the Sites or the Services.

Acceptable Use of the Sites and Services

You are solely responsible for your use of the Sites and/or the Services (including your conduct, Content, User Data and communications with others and your use of any data you use or collect), and for any use of the Sites or Services made using your Bonfyre account.

In particular, when you use the Sites or Services you may not:

• Violate any law or regulation (or engage in any activity where use or failure of the Sites and/or the Services could lead to physical damage, death, mental harm, or personal injury);
• Invite to any Bonfyre Community, or post or send any Content or communication to, anyone under 18-years of age;
• Use the Sites or the Services other than for your own use personal, non-commercial use;
• 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 in Bonfyre’s sole discretion (“Objectionable Content”);
• Send unsolicited or unauthorized advertising or commercial communications, such as spam; or post or share Content or send any communication which contains, or has the primary purpose of, commercial advertisement or promotion of any commercial product or service;
• 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 data “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 technology 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 fraudulent activity, such as manipulating identifiers or phishing;
• Use any means to scrape or crawl any Web pages (or other interfaces through which we provide any Services) or Content contained on or made available on or through the Sites or the Services;
• Use automated methods to use the Sites or Services;
• Delete or obscure the copyright or other proprietary rights notices on Sites or the Services or any software, application or device included in or underlying the Site or the Services;
• Attempt to circumvent or interfere with any (1) technological measure implemented by Bonfyre or any of their providers or any other third party (including another user) to protect the Sites or Services; (2) or features that enforce limitations on use of the Sites or the Services; or (3) any software, application, or device included in or underlying the Sites or the Services;
• License, sub-license, sell, resell, rent, time-share, lease, transfer or assign the Sites or the Service (or any part of any thereof) or its use;
• 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;
• 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;
• Obtain unauthorized access to, or disrupt the integrity or performance of, any portion of the Sites or the Services or of any data contained therein;
• Make copies of or decipher, decompile, disassemble, or reverse engineer or otherwise derive or attempt to duplicate any of the Sites or the Services or any of the software used to provide the Sites or Services;

Collect social security numbers, credit card numbers, passwords, or other similar types of sensitive information;

• Visit, use or access the Sites or the Services for the purpose of creating a competing product or service or for any other competitive purpose;
• Publish a person’s sensitive identifying information against their wishes;

Take any action which is intended to deceive or mislead, including by linking to websites with malicious software such as malware;

• Knowingly and artificially boosts or inflates a website or webpage’s search engine ranking;
• Host content that is downloadable, live-streamed, or merely intended to solicit clicks to other sites or
• Attempt to do, or advocate, encourage, or assist any third party of doing (or attempting to do), any of the foregoing.

Objectionable Content

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 text, photo, video and other Content (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who posted or 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.

In addition to uses permitted or contemplated by Bonfyre’s Privacy Policy, you hereby grant Bonfyre permission to reproduce, distribute, display, perform, index and otherwise use Content which you post or share using the Sites of the Services (“User Content”) and your Personal Information in connection with providing the Sites or Services. Our license to your User Content and Personal Information is non-exclusive, worldwide, fully-paid, royalty free and   perpetual. In general, however, we will only need to use your User Content and Personal Information for as long as you (or, in the case of a Sponsored Bonfyre or Sponsored Bonfyre Service (as referred to in the Privacy Policy), the applicable Sponsor) 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.

You represent and warrant 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. 

“Your Information” means your User Content and other information and data (other than any which is aggregated, anonymous or de-identified) which you provide or is otherwise collected or generated concerning you including your personal information as well as any such information, Content and data you share or access via the Sites or the Services). Your rights with respect to Your Information (including rights of access, review, change and deletion and other rights) with respect to any Sponsored Bonfyre Community or Sponsored Bonfyre Service you participate in  are subject to, and exercisable only through, the Sponsor and in compliance with the the Sponsor’s policies (including those with respect to data security and privacy compliance), requirements, standards and procedures (“Your Sponsor’s Policies”).  Pursuant to Your Sponsor’s Policies, the Sponsor may be deemed to own the related portions of Your Information. Bonfyre is not responsible for Your Sponsor’s Policies or for Your Sponsor’s compliance therewith. Bonfyre shall follow the lawful instructions of Your Sponsor  with regard to the use, processing, deletion, access and change with regard to Your Information with respect to any Sponsored Bonfyre Community or Sponsored Bonfyre Service you participate in (and, if it cannot (or is unwilling to) provide such compliance for whatever reasons, Bonfyre agrees to inform the Sponsor promptly, in which case the Sponsor may suspend or terminate the processing (and require the deletion by Bonfyre from its systems) of  of the applicable information. Bonfyre may also use Your Information as permitted or contemplated by the Privacy Policy.

Other than your User Content and Personal Information (and except as provided above for Your Information with respect to any Sponsored Bonfyre Community or Sponsored Bonfyre Service you participate in), we own all right, title and interest in and to (a) all information, output, content and data  generated, received, collected, compiled, created or reported by, from or with respect to the Sites and Services, including, without limitation, all NPID and NPID Assets (as defined in the Bonfyre Privacy Policy), 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 (collectively, “Bonfyre Content”); and (b) Bonfyre® , the tag line “Gather Around” and Bonfyre’s other trademarks, logos, tag lines 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) or data (“Data”) will be made available on the Sites or through the Services. Bonfyre has no obligation to monitor the Sites, the Services, or any Data. However, Bonfyre reserves the right to (i) remove, suspend, edit , block or modify any Data 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 Data 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

Bonfyre does not currently 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)

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.

We may employ third party service providers  and sometimes may share Your Information (including Personal Information) with them. The services involved are in connection with providing the Sites and the Services  (including Sponsored Bonfyre Communities and  Sponsored Bonfyre Services) and related matters such as communicating with you and/or with making (or maintaining) the functionality, reliability and/or availability thereof. We have no responsibility with regard to any such third party service provider or to any use by them of any data  which we may share with them.

Termination; Deleting Accounts

Bonfyre reserves the right to immediately terminate your access to all or any part of the Sites or the Services at any time, with or without cause or notice; and Bonfyre shall, at the request of the Sponsor, immediately terminate your access/participation in any Sponsored Bonfyre Community or Sponsored Bonfyre Service in which you participate. This termination may result in the forfeiture and destruction (as described below under Deleting Accounts) of all information associated with your participation. 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. In the case of any termination of a Sponsored Bonfyre Community or Sponsored Bonfyre Service, the handling of Your Information (including User Content) will be subject to the control and approval of the Sponsor.

Should you ever decide to delete your Bonfyre account, login to your account on the my.bonfyreapp.com Site (or the Bonfyre application via your mobile device) and click “delete account” on 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 Content from your account or profile, copies of that Content may remain viewable elsewhere to the extent you had shared it with others (“Shared Content and Information”). If we receive a written request from you (in addition to the “delete account” button), we will take reasonable steps to make any such Shared Content and Information unidentifiable. We 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 Community or Sponsored Bonfyre Service, the continued use by the Sponsor of Your Information (including User Content) 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 Community or Sponsored Bonfyre Service you elect to anticipate in.

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”®, the Bonfyre logo and the tag line “Gather Around” 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.

Other Bonfyre IP
You acknowledge that we own all right, title and interest in and to (a)the Sites and the Services, all underlying functionality (and each of the components thereof)  and all APIs and other software related or applicable to (or collectively comprising) the Sites or the Services (or any component of either); (b) other than User Content, all information, output, content and data generated, received, collected, compiled, created or reported by, from or with respect to the Sites and Services, including, without limitation, all NPID (as defined in the Bonfyre Privacy Policy), 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 (collectively, “Bonfyre Content”); and (b) Bonfyre®, the tag line “Gather Around” and Bonfyre’s other trademarks, logos, tag lines and brand elements (“Marks”). You acknowledge and agree that you have no right of any kind in or to any thereof and that your use of the Sites and/or the Services does not convey or entitle you to any rights of any kind in any of the foregoing.

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 the Sites or the Services or of any Content  – whether or not Bonfyre Content – or Data 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 – or Data 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 or Data, 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 arising out of your visiting, accessing and/or using or participating (including by way of responding to a survey, broadcast or other feature included therein) in any of the Sites or the Services) including without limitation any 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

You agree to indemnify, defend and hold harmless Bonfyre,  its subsidiaries, affiliates, members, officers, agents, suppliers, employees and guests, from any and all losses, costs, damages, liabilities, charges, penalties, claims or demands, including reasonable attorneys’ fees, court costs, and other costs of collection, of any kind, directly or indirectly arising out of or relating to (i) your use or misuse of the Sites or the Services or any Content or Data contained or obtained therefrom, (ii) your violation of any law or the rights of a third party or (iii) your default under any provision of these Terms. 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/. 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

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”).

Special Provisions Applicable to Users Participating in the Bonfyr®e Rewards Program

The Bonfyre® Rewards Product is one of the services offered by Bonfyre and which these Terms are applicable to. In addition to the above provisions of these Terms, the following special provisions apply to your visiting, accessing and/or using or participating in the Bonfyre® Rewards Product.

“Rewards” are “merchant branded” or “closed loop” URL codes or tokens associated with a designated monetary value and redeemable exclusively at a particular business or affiliated group of businesses. Rewards are issuable by one or more third party rewards providers under contract with Bonfyre (each, a “Rewards Issuer”) as Reward Links (unique identifiers which enable the Rewards recipient to activate his or her Reward by selecting from a catalogue of closed loop codes maintained by the Rewards Issuer. Reward Links may be forwarded to a Reward recipient via email, SMS, Bonfyre® for Microsoft Teams or Bonfyre ® App notifications. Activation of a Reward after receipt of the Reward Link, is the responsibility of the Rewards recipient and is effected directly by the Rewards recipient with the Rewards Issuer – by following the instructions contained in the Link (or on a page the applicable Rewards Issuer’s system which the Link will direct to). Each Reward is subject to the respective terms and conditions (including as to the availability, redemption, use, and any expiration date or fees) as may be specified from time to time by the  applicable merchant and is also subject to the requitements of the Rewards Issuer. Bonfyre makes no representation or warranty, and has no responsibility, with regard to any such terms and conditions or requirements. Bonfyre has no responsibility for any taxes (howsoever imposed and of whatever nature) of any jurisdiction resulting from the ordering, issuance, delivery, receipt, activation, redemption of, or other circumstance relating, to the Rewards. If your have received or activated a Reward by means of SMS/mobile messaging or have  enrolled, signed up or provided your mobile telephone number for such purpose, you consent to receive SMS/mobile messages in connection with your Rewards (message frequency varies; message and data rates may apply).

You represent, warrant and agree that your access and use of the Rewards services and the issuance, receipt, activation and redemption of your Rewards (and any related payments) will comply with all applicable laws and regulations and that  you are not (i) identified on any sanctions or export control list maintained by the U.S. government or any agency thereof, or (ii) located, organized or ordinarily resident in a country or territory that is subject to sanctions or embargoes by the U.S.

Bonfyre may employ (and in connection therewith share information with) third party service providers, including the Rewards Issuers (“Third Party Providers”), in connection with the Rewards services, the ordering, issuance, receipt, activation and redemption of Rewards (and any related payments) or any other matter related to the Rewards.

Bonfyre is not responsible for the acts, errors or omissions (or other circumstance) of  any Rewards Issuer, Third Party Provider or applicable merchant; and Bonfyre has no liability or obligation in the case of damage to, theft of, misuse of, loss of, or inability to use a Reward that has been delivered.