The gist:
We (the folks at Bondaii) run a mobile and web service Bondaii.com and would love for you to use it. Our basic service is free, and in the future we will offer paid upgrades for advanced features and ad-free accounts. Our service is designed to give you as much control and ownership over what goes on as possible and encourage you to manage your relationships easily. However, be responsible in what you use Bondaii for. In particular, make sure that none of the prohibited items listed below are linked to your account (things like spam, viruses, or malicious content).
As passionate believers in the co-operative nature of our start-up world, we extend our thanks to the good folks at Automattic.com (creators of Wordpress and other legendary stuff) for sharing their quality Terms and Conditions document under a CC-SA license. We have modified it for the mobile market, added a Twitter twist and are publishing our version in the same way - you're more than welcome to steal our Terms and Conditions and repurpose it for your own use. Just make sure to replace references to us with ones to you. Or go to the original [http://automattic.com/privacy/] and use that. An attribution link on your website is always welcome.
- You must be 13 years or older to use this site.
- You are responsible for any activity that occurs under your username.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Bondaii users.
- . You may not use the Bondaii.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- . You are solely responsible for your conduct and any data, text, information, usernames, contacts, phone numbers, graphics, photos, profiles, audio and video clips, links that you submit, post, and display on the Bondaii.com service.
- You must not modify, adapt or hack Bondaii.com or modify another website so as to falsely imply that it is associated with Bondaii.com .
- You must not create or submit unwanted email or SMS to any Bondaii members ("Spam").
- You must not upload, link or transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Bondaii, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your Bondaii.com account. While Bondaii.com prohibits such conduct and content on its site, you understand and agree that Bondaii cannot be responsible for the Content posted on its website or through its service and you nonetheless may be exposed to such materials and that you use the Bondaii.com service at your own risk.
Terms of Service:
The following terms and conditions govern all use of the Bondaii website, WAP site, mobile site and mobile client, and all content, services and products available at or through these (taken together, the Website). The Website is owned and operated by Bondaii, Inc. ("Bondaii"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Bondaii's Privacy Policy) and procedures that may be published from time to time on this Site by Bondaii (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, download mobile client software or use any services. If these terms and conditions are considered an offer by Bondaii, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Bondaii Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the service. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bondaii may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bondaii liability. You must immediately notify Bondaii of any unauthorized uses of your account, your mobile client or any other breaches of security. Bondaii will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you synchronize contacts, enter information in your account, post material to the Website, share information with other Bondaii.com users, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, information, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying, linking and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any contacts, information and software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your first and last name or your company name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bondaii or otherwise.
By submitting Content to Bondaii for inclusion on your Website, you grant Bondaii a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, display and publish the Content solely for the purpose of displaying, sharing, linking and promoting your account. If you delete Content, Bondaii will use reasonable efforts to remove it from the Website, except where functionality suggests otherwise (such as maintaining a trash and un-erase function). Also, caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Bondaii has the right (though not the obligation) to, in Bondaii's sole discretion (i) refuse or remove any content that, in Bondaii's reasonable opinion, violates any Bondaii policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Bondaii's sole discretion. Bondaii will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Bondaii has not reviewed, and cannot review, all of the material, including computer software, posted or linked to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Bondaii does not represent or imply that it endorses the material there posted or linked, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical or factual inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bondaii disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, webpages and services to which Bondaii links, and that link to Bondaii. Bondaii does not have any control over those non-Bondaii websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bondaii website or webpage, Bondaii does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bondaii disclaims any responsibility for any harm resulting from your use of non-Bondaii websites, webpages and services.
- Copyright Infringement. As Bondaii asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bondaii violates your copyright, you are encouraged to notify Bondaii. Bondaii will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Bondaii or others, Bondaii may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Bondaii will have no obligation to provide a refund of any amounts previously paid to Bondaii.
- Intellectual Property. This Agreement does not transfer from Bondaii to you any Bondaii or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bondaii. Bondaii, Bondaii.com, m.bondaii.com, bondaii.net, the Bondaii logo, and all other trademarks, service marks, graphics and logos used in connection with Bondaii, or the Website, are trademarks or registered trademarks of Bondaii or Bondaii's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bondaii or third-party trademarks.
- Changes. Bondaii reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bondaii may also, in the future, offer new services and/or features through the Website (including, the release of new tools, mobile clients, client software and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Bondaii may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bondaii account (if you have one), you may simply discontinue using the Website. Bondaii can terminate the Website immediately as part of a general shut down of our service, temporary or permanent. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Bondaii and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bondaii nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, upload to, link, share or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Bondaii, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bondaii under this agreement during the twelve (12) month period prior to the cause of action. Bondaii shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Bondaii Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Bondaii, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Bondaii and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bondaii, or by the posting by Bondaii of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the English courts in the English language. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bondaii may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Change log
- January 20th, 2011: Original version published.