Bonzi Terms of Use

Revised 5/14/2014

These Terms of Use are a contract between you and Bonzi Technology, Inc., a company with its principle place of business at 18765 SW Boones Ferry Rd., Suite 125, Tualatin, Oregon  97062 (“Bonzi“). Bonzi provides products and services (“ Site“)  to individuals, players, coaches, parents, referees, teams, clubs, leagues, associations, and organizations (“Organization“) allowing them to manage their operations, participation, and/or programs offered to members and participants (the “Service“). By accessing, browsing or using the Site and any services accessible from the Site, you are agreeing to be bound by the following terms and conditions (“Terms of Use“).

If you do not agree to these Terms of Use or any part thereof, your only remedy is to not use the Site or the Service. VIOLATION OF ANY OF THE TERMS

BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SITE AT YOUR OWN RISK.

Accounts
In order to create an “Account” on the Site, you must (i) agree to these Terms of Use, (ii) provide a valid email address under certain conditions, and (iii) provide any other information required by Bonzi during the account creation process. When you create an account, you will be assigned a role identifying who you are within the Organization. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Bonzi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Site (“User Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts that are members of your family account). Personally identifiable information submitted by you shall be subject to the Site’s Privacy Policy available at http://www.gobonzi.com/privacy-policy

Accounts registered by “bots” or other automated methods are not permitted.

Please review the Site’s General Privacy Policy at http://www.gobonzi.com/privacy-policy and the Site’s Children’s Privacy Policy at http://www.gobonzi.com/childrens-privacy-policy.

If you are under the age of 13, you are not permitted to create an account or submit any personal information to the Service unless your parent has created an account for you.

License Grants & Restrictions
Bonzi hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Use. You may not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Use shall be construed to grant you any right to transfer or assign rights to access or use the Site. All rights not expressly granted to you are reserved by Bonzi and its licensors. You shall not (i) modify or make derivative works based upon the Site; (ii) reverse engineer or access the Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Site, or (c) copy any features, functions or graphics of the Site. You further acknowledge and agree that, as between the parties, Bonzi owns all right, title, and interest in and to the Site, including all intellectual property rights therein.

Your Responsibilities

  • You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
  • You shall: (i) notify Bonzi immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Bonzi immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
  • You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Site itself (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Acceptable Use Policy
As a condition to your use of the Site, you agree not to:

  • upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group including minors;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  • phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Bonzi Site;
  • upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Bonzi Site;
  • reverse engineer, decompile or disassemble any of the software used to provide the Bonzi Site;
  • reproduce, duplicate or copy or exploit any other portion of the Bonzi Site, without the express written permission of Bonzi;
  • interfere with or disrupt the Bonzi Site, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Bonzi Site;
  • obtain, collect, store or modify the personal information about other users;
  • modify, adapt or hack the Bonzi Site or falsely imply that some other site is associated with the Site or Bonzi; or
  • use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Use or distribute Team Member information without the Team Member’s advance permission or without the parent’s advance permission where a minor is a Team Member.

Violation of these Terms of Use
Bonzi reserves the right to investigate and prosecute violations of any of these Terms of Use to the fullest extent of the law. Bonzi may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that Bonzi has no obligation to pre-screen or monitor your access to or use of the Site or any information, materials or other content provided or made available through the Site, but has the right to do so. You hereby agree that Bonzi may, in the exercise of Bonzi’s sole discretion, remove or delete any entries, information, materials or other content that Bonzi deems, in its sole judgment, violates these Terms of Use or that is otherwise objectionable.

Termination
Bonzi reserves the right to terminate any Accounts that do not have activity for 12 months or is not logged into for 12 months. Bonzi, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Use or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Bonzi may refuse to provide you any current or future use of the Site, or any other Bonzi Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Bonzi once your account is terminated; however Bonzi may for a time retain residual information in our backup and/or archival copies of our database.
Bonzi reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Site and Prices.

  • Bonzi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bonzi Site and Service (or any part thereof) with or without notice.
  • Prices of all Bonzi Sites or features, including but not limited to monthly subscription plan fees to the Bonzi Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Bonzi Site.
  • Bonzi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Bonzi Site.
  • Bonzi reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Bonzi Site, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Bonzi Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership
We claim no intellectual property rights over the User Content you provide to the Site. Your profile and User Content uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.
Bonzi does not pre-screen Content, but Bonzi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site.

Indemnification
You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Bonzi and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Use, including violations of our Acceptable Use Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.

Links and Third Party Content
Bonzi or third parties may provide links on the Site to other sites or content. Bonzi has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. Bonzi provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE BONZI SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. BONZI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BONZI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. INIFINITY BOX DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC 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 BONZI SITE WILL BE CORRECTED. BONZI AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. BONZI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BONZI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BONZI SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE BONZI SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email or chat. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BONZI OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR BONZI SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BONZI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR BONZI SITE, FROM INABILITY TO USE THE SERVICES OR BONZI SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BONZI SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR BONZI SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BONZI SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Bonzi or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General
These Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Use). Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an authorized representative of Bonzi.

Contact Us
If you have questions, comments or concerns about any of our Terms of Use, you may contact Bonzi at:

8100 SW Nyberg St, Suite 450
Tualatin, Oregon 97062
info@gobonzi.com

© Bonzi 2001 - 2017

All Rights Reserved

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