Last revised March, 2019
By visiting, accessing and/or using any of the Sites or the Services (including without limitation by responding to a broadcast, survey or message), you agree to these Terms.
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;
- Except in regard to Sponsored Bonfyre Communities and Sponsored Bonfyre Services (defined below) of which you are the Sponsor, 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;
- 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.
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.
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.
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.
Sponsors; Sponsored Bonfyre Communities; Sponsored Bonfyre Services
If you are a commercial customer of Bonfyre(“Sponsor”) and are sponsoring one or more particular Bonfyre communities (each, a “Sponsored Bonfyre Community”) or Bonfyre Services (each, a “Sponsored Bonfyre Service”) you agree, in addition to the other provisions of these Terms (including without limitation “Acceptable Use of the Sites and Services”), as follows:
-You will be solely responsible for all legal and regulatory matters (including any industry-specific regulations) regarding the Sponsored Bonfyre Community or Sponsored Bonfyre Service and for any actions taken or omitted by you or by anyone on your behalf;
– You will assure that the form and substance of all Content and communications (whether via email, SMS, or otherwise) which are initiated, posted, shared or transmitted in connection with the Sponsored Bonfyre Community or Sponsored Bonfyre Service (“Applicable Content” and “Applicable Communications”) is not deceptive or misleading, and complies with all applicable law and does not contain, or have the primary purpose of, commercial advertisement or promotion of any commercial product or service;
– You will assure that all Applicable Communications clearly identify you (and not Bonfyre) as the sender/originator and contain a valid email address owned and managed by you in that capacity;
– You may not use harvested mailing lists and will not use of third-party, purchased, or rented mailing lists;
-You may not take, omit or permit any action with regard to the Sponsored Bonfyre Community or Sponsored Bonfyre Service that would subject Bonfyre to any industry-specific regulations;
Non-User Content Ownership
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.
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. 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.
If you are a participant in a Sponsored Bonfyre Community r Sponsored Bonfyre Service, the continued use by the Sponsor of the applicable Content in respect thereto 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.
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.
“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
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 email@example.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.
Indemnity; Other Rights
By visiting, accessing, using and/or participating the Sites or the Services (including without limitation by responding to a broadcast, survey or message), 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 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.
Integration and Severability
JURISDICTION, CHOICE OF LAW, FORUM; ETC.
Users Sponsoring Sponsored Bonfyre Communities or Sponsored Bonfyre Service
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”).
1 A current listing of the Services offered by Bonfyre can be viewed at https://bonfyreapp.com/enterprise-features. Some of these Services require the User to maintain a Bonfyre account and certain of the Services also require the User to enter into a separate agreement with Bonfyre in order to obtain the Service.