1. ACCEPTANCE OF TERMS
bongonews.com provides its service to you subject to the following terms
Registration data and certain other information about you is subject
3. SITE VISITOR CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not bongonews.com, are entirely responsible for all Content that
you upload, post, e-mail or otherwise transmit via the Service. bongonews.com
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will bongonews.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise
transmit any Content that :
(a) is unlawful, defamatory, obscene, invasive of another's privacy,
hateful, or otherwise objectionable;
(b) you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information );
(c) infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; or
(d) interferes with or disrupts the Service or servers or networks connected
to the Service
bongonews.com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
You acknowledge and agree that bongonews.com may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms
of Service; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety
of bongonews.com, its users and the public.
You agree to indemnify and hold Bongo News, Inc. and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit,
post to or transmit through the Service, your use of the Service, your
connection to the Service, your violation of the Terms of Service, or
your violation of any rights of another.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that bongonews.com may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that e-mail messages or other uploaded Content
will be retained by the Service, the maximum size of any e-mail message
that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on bongonews.com's servers
on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You
agree that bongonews.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You further
acknowledge that bongonews.com reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
7. MODIFICATIONS TO SERVICE
bongonews.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that bongonews.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that bongonews.com, in its sole discretion, may terminate
your use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of
use or if bongonews.com believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. bongonews.com may
also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service may be effected without
prior notice, and acknowledge and agree that bongonews.com may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that bongonews.com shall not be liable to you or
any third-party for any termination of your access to the Service.
9. BONGONEWS.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by bongonews.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BONGONEWS.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BONGONEWS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM BONGONEWS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BONGONEWS.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
BONGONEWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND
15 MAY NOT APPLY TO YOU.
13. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
bongonews.com shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
14. DISCLAIMER REGARDING SEARCH
Search is a free service offered by bongonews.com. Because the Web
changes constantly, no search engine technology can possibly have all
accessible sites at any given time. Thus, bongonews.com explicitly
disclaims any responsibility for the Content or availability of information
contained in our search index.
15. DISCLAIMER TO USERS OF BONGONEWS.COM MERCHANDISE
bongonews.com has created bongonews.com Merchandise in order to help
you purchase bongonews.com affinity items. The site(s) that are linked
to bongonews.com from merchant(s) are owned and operated by independent
retailers, and therefore, we cannot ensure that you will be satisfied
with their products, services, or business practices. You are strongly
encouraged to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third parties.
bongonews.com, the bongonews.com logo, Bongo News, Bongo News - Satire.
Parody. Jokes., and other bongonews.com logos and product and service
names are trademarks of Bongo News, Inc. (the "bongonews.com Marks").
Without bongonews.com's prior permission, you agree not to display or
use in any manner, the bongonews.com Marks.