ACCEPTANCE OF TERMS
The Bonnot Gang provides the TBG Services (defined below) to you subject to the following Terms of Service (“TOS”),which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.thebonnotgang.com/tbg/terms-of-services/. By accessing and using the TBG services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular TBG owned or operated services, you and TBG shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. TBG may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF TBG SERVICES
TBG provides users with access to a rich collection of resources, including without limitation various communications tools, forums and personalized content. You also understand and agree that the TBG Services may include advertisements and that these advertisements are necessary for TBG to provide the TBG Services. You also understand and agree that the TBG Services may include certain communications from TBG, such as service announcements, administrative messages and the TBG Newsletter, and that these communications are considered part of TBG membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current TBG Services, including the release of new TBG properties, shall be subject to the TOS. You understand and agree that the TBG Services is provided “AS-IS” and that TBG assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the TBG Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the TBG Services. You understand that the technical processing and transmission of the TBG Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the TBG Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the TBG Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TBG Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TBG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TBG has the right to suspend or terminate your account and refuse any and all current or future use of the TBG Services (or any portion thereof). TBG is concerned about the safety and privacy of all its users.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the TBG Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TBG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TBG cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TBG, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the TBG Services. TBG does not control the Content posted via the TBG Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the TBG Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TBG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the TBG Services.
You agree to not use the TBG Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a TBG official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the TBG Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
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, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
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;
interfere with or disrupt the TBG Services or servers or networks connected to the TBG Services, or disobey any requirements, procedures, policies or regulations of networks connected to the TBG Services, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange;
“stalk” or otherwise harass another;
You acknowledge, consent and agree that TBG may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of TBG, its users and the public. You understand that the TBG Services and software embodied within the TBG Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TBG and/or content providers who provide content to the TBG Services. You may not attempt to override or circumvent any of the usage rules embedded into the TBG Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the TBG Services, in whole or in part, is strictly prohibited.
CONTRIBUTIONS TO TBG
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to TBG through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TBG is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TBG shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TBG may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TBG without any obligation of TBG to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TBG under any circumstances.
NO COMMERCIAL REUSE OF TBG SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the TBG Services (including Content, advertisements and Software).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TBG may establish general practices and limits concerning use of the TBG Services, including without limitation the maximum number of message board postings or other uploaded Content will be retained by the TBG Services.You agree that TBG 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 TBG Services. You acknowledge that TBG reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TBG reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO TBG SERVICES
TBG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TBG Services (or any part thereof) with or without notice. You agree that TBG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TBG Services (or any part thereof).
You may terminate your TBG account, any associated email address and access to the TBG Services by submitting such termination request to TBG. You agree that TBG may, without prior notice, immediately terminate, limit your access to or suspend your TBG account, any associated email address, and access to the TBG Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the TBG Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the TBG Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TBG’s sole discretion and that TBG shall not be liable to you or any third party for any termination of your account or access to the TBG Services.
The TBG Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TBG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TBG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE TBG SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TBG SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TBG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TBG SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TBG SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TBG SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TBG SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TBG SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TBG OR THROUGH OR FROM THE TBG SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TBG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 TBG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TBG SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TBG SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TBG SERVICE.
Please report any violations of the TOS.
Last updated September 1, 2011