Bobojam Terms of Use Agreement
Welcome to Bobojam.com, an online service for people to meet and make friends
through a networks of friends. The Bobojam service is operated by Bobojam
("Bobojam"). By using the Bobojam.com Website (the
"Website") you agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member
("Member"). If you wish to become a Member to communicate with other
Members and make use of Bobojam.com serivce (the "Service"), please
familiarize yourself with these terms and conditions and indicate your
acceptance of them by following the instructions in the Sign Up page.
This Agreement explains our obligations to you, and explains your obligations
to us for using our Service.
1. ELIGIBILITY: You must be eighteen or over to register as a member of Bobojam
or use the Website. Membership in the Service is void where
prohibited. By using the Website, you represent and warrant that you have
the right, authority, and capacity to enter into this Agreement and to abide
the right, authority, and capacity to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement.
2. TERM. You agree that the Agreement will remain in
full force while you use the Website and/or are a Member. You may
terminate your membership at any time, for any reason by following the
instruction on the Cancel Account pages in Account Settings, or upon receipt by
Bobjam of your written or email notice of termination. Bobojam may
terminate your membership for any reason, effective upon sending notice to you
at the email address you provide in your application for membership, or such
other email address as you may have later provide to Bobojam. If Bobojam
terminates your membership in the Service because you have breached the
Agreement, you will not be entitled to any refund of unused subscription
fees. Even after membership is terminated, this Agreement will remain in
effect.
3. Non Commercial Use by Members: The Website is for the personal use of
individual members only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become
Members and should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website including collecting usernames
and/or email address of members by electronic or other means for the purose of
sending unsolicited email and unauthorized framing of or linking to the Website
will be investigated, andappropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Bobojam.com: Bobojam owns and retains all
proprietary rights in the Website and the Service. The Website contains
the copyrighted material, trademarks, and other proprietary information of
Bobojam, and its licensors. Except for that information which is in the
public domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
5.
Content Posted on the Site: a. You
understand and agree that Bobojam may review and delete any content, messages,
photos or profiles (collectively, "Content") that in the sole
judgment of Bobojam violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
Members. Your profile must describe you, an individual person. Examples
of inappropriate profiles include, but not limited to, profiles that purport to
represent an animal, place, fictional character, or real individual who is not
you. b. You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of Bobojam, you automatically grant,
and you represent and warrant that you have the right to grant, to Bobojam an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing. d. The
following is a partial list of the kind of Content that is illegal or
prohibited on the Website. Bobojam reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such
violators. It includes Content that: (i)is
patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual; (ii) harasses or advocates harassment of another person; (iii)
involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming"; (iv) promotes information
that you know is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an
illegal or unauthorized copy of another person’s copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files; (vi) contains restricted or password
only access pages, or hidden pages or images (those not linked to or from
another accessible page); (vii) displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone
under 18; (viii) provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s privacy, or
providing or creating computer viruses; (ix) solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
and (x) engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes. e.You must use
the Service in a manner consistent with any and all applicable laws and
regulations. f. You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email addresses. g. You may not
engage in advertising to, or solicitation of, other Members to buy or sell any
products or services through the Service. You may not transmit any chain
letters or junk email to other Members. Although Bobojam cannot monitor the
conduct of its Members off the Website, it is also a violation of these rules
to use any information obtained from the Service in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, Bobojam reserves the right to
restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which Bobojam deems appropriate in its sole
discretion.
6. Copyright
Policy: You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
the Website; your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. Bobojam’s Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent, Bobojam,
134-16 Booth Memorial Avenue, Flushing, NY 11355
8. Member
Disputes: You are solely
responsible for your interactions with other Bobojam Members. Bobojam, Inc.
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
9. Privacy:
Use of the Website and/or the Service is
also governed by our Privacy Policy.
10.
Disclaimers: Bobojam is not
responsible for any incorrect or inaccurate Content posted on the Website or in
connection with the Service, whether caused by users of the Website, Members or
by any of the equipment or programming associated with or utilized in the
Service. Bobojam is not responsible for the conduct, whether online or offline,
of any user of the Website or Member of the Service. Bobojam assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, user or Member communications.
Bobojam is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any Website or
combination thereof, including injury or damage to users and/or Members or to
any other person's computer related to or resulting from participating or
downloading materials in connection with the Web and/or in connection with the
Service. Under no circumstances will Bobojam be responsible for any loss or
damage, including personal injury or death, resulting from anyone's use of the
Website or the Service, any Content posted on the Website or transmitted to
Members, or any interactions between users of the Website, whether online or
offline. The Website and the Service are provided "as-is" and Bobojam
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Bobojam cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
11. Limitation on Liability: Except in jurisdictions where such provisions are restricted, in no event will Bobojam be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Bobojam has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Bobojam’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bobojam for the Service during the term of membership.
12. Indemnity: You agree to indemnify and hold Bobojam, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Other: This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Bobojam regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
14. GOVERNING LAW: THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF STATE OF NEW YORK AND THE FEDERAL LAWS OF UNITED STATES APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.