EFFECTIVE Date: 2020
By visiting, accessing, or using any of the bamboo Services, you agree to be bound by these Terms. It is important that you carefully read through these Terms whenever we update them or you use the bamboo Services. If you have any questions or comments about these Terms, please contact us at: email@example.com
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CLIENT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 “DISPUTE RESOLUTION AND ARBITRATION OF CLAIMS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
2. ACCESS AND USE OF THE bamboo SERVICES
a. Age Limitations and Restrictions- The bamboo Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with bamboo or provide your personal information to bamboo. If you are at least 13 and under 18 years of age, you may register with bamboo only if you have the consent of your parent or guardian, in which case your parent or guardian consents to these terms on your behalf. Access to Content may be restricted due to age appropriateness. Accessing the bamboo Services and/or the Content from territories where bamboo does not offer the bamboo Services is prohibited.
b. Registration and Your Information.
- i. If you want to use certain features of the bamboo Services you’ll have to create an account (“Register”). You can do this via the bamboo Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
- ii. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all inaccuracies in your Account information and all activities that occur under your Account, whether or not you know about them.
c. Your License. Subject to your compliance with these Terms, bamboo grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to use the bamboo Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, solely in connection with your permitted use of the bamboo Services and solely for personal, non-commercial purposes as set forth in these Terms.
d. The Content. The Content is available for permissible viewing on or through the following (collectively, the “Properties”):
- i. the Site;
- ii. bamboo’s affiliate and distributor websites; and
- iii. bamboo authorized applications, features or devices or websites, including the Apps.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not use technologies to access the Content from territories where bamboo does not have rights or does not offer services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by bamboo in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by bamboo in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by bamboo. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by bamboo in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
e. The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
f. The App. Subject to your compliance with these Terms, bamboo grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy solely for your own personal non-commercial purposes on such mobile device.
You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. bamboo reserves all rights in and to the App not expressly granted to you under these Terms.
g. Ownership. bamboo and bamboo’s licensors exclusively own, control and retain all right, title and interest in and to the bamboo Services, including the Content, including all associated intellectual property rights. You acknowledge that the bamboo Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the bamboo Services, including without limitation the Content.
h. Your Responsibilities and bamboo’s Enforcement Rights. You can use the bamboo Services for lawful, non-commercial, and appropriate purposes only. You agree not to engage in any conduct that that:
- violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or (b) is fraudulent, false, misleading or deceptive;
- uses technology or other means to access, index, frame, search or link to the bamboo Services (including the Content) that is not authorized by bamboo; remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by bamboo or any of bamboo’s providers or any other third party (including another user) to protect bamboo Services, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the bamboo Services;
- accesses, tampers with, or uses non-public areas of the bamboo Services, bamboo’s computer systems, or the technical delivery systems of bamboo’s providers;
- involves accessing the bamboo Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the bamboo Services, excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- uses any meta tags or other hidden text or metadata utilizing a bamboo trademark, logo URL or product name without bamboo’s express written consent
- access the bamboo Services, including without limitation Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- deciphers, decompiles, disassembles or reverse engineers any of the software used to provide the bamboo Services;
- interferes with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the bamboo Services;
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the bamboo Services, including bamboo’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the bamboo Services (including the Content);
- uses the bamboo Services to advertise or promote services that are not expressly approved in advance in writing by bamboo;
- probe, scan or test the vulnerability of any bamboo system or network or breach any security or authentication measures;
- collects or stores personally identifiable information from bamboo Services without bamboo’s authorization;
- violates, or encourages conduct that would violate, any applicable law or regulation, constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by bamboo;
- interferes with any other party’s use and enjoyment of the bamboo Services; or
- encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.
We have the right to investigate violations of these Terms or conduct that affects the bamboo Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
If bamboo determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, (ii) use technical measures to block or restrict your access or use of the bamboo Services, and/or (iii) use any other available legal or equitable remedy. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the bamboo Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
i. No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the bamboo Services to collect information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 5) or otherwise send spam, advertising, or other unsolicited communications of any kind through the bamboo Services, you acknowledge that you will have caused substantial harm to bamboo and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay bamboo $30 for each such unsolicited communication you send through the bamboo Services.
j. Downloads. In order to participate in certain bamboo Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
k. Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the bamboo Services (including the Content and the devices through which the bamboo Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that bamboo may do so in bamboo’s sole discretion. You also agree that bamboo will not be liable to you for any modification, suspension, or discontinuance of the bamboo Services.
l. Internet Access Charges. You are responsible for any costs you incur to access the internet.
m. Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page on bambootv.com.
4. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations . bamboo Services (including the Apps) may contain links to third-party websites or resources, or destinations. You will not infer or assume that bamboo endorses, operates, controls, is responsible for or is connected with these or other third-party websites, resources or destinations, even if they link to bamboo Services and even if such websites, resources, or destinations are operated by a person (including legal entity) affiliated or otherwise connected with bamboo. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, resources, and destinations or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, resources, and destinations, and release bamboo from any responsibility and liability to you for any content or other materials hosted and served from any such websites, resources, or destination. These Terms do not govern your use of any other websites, resources, or destinations.Advertisements . bamboo takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the bamboo Services are between you and the advertiser, and you agree that bamboo is not liable for any loss or claim that you may have against an advertiser.
bamboo, the bamboo logo, www.bambootickets.com, and other bamboo marks, graphics, logos, scripts, and sounds are trademarks of bamboo. You may not copy, download or exploit any of the bamboo trademarks.
It is bamboo’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts (“Unsolicited Submissions”). bamboo’s policy is to delete any such submission without reading it. Therefore, any similarity between an Unsolicited Submission and any elements in any bamboo creative work, including a film, series, story, title, or concept, would be purely coincidental. We welcome feedback, comments and suggestions for improvements to the bamboo Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org (subject line: “Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY YOU AGREE THAT USE OF THE bamboo SERVICES IS AT YOUR OWN RISK. THE bamboo SERVICES, INCLUDING THE bamboo SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, bamboo DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, QUIET ENJOYMENT, NONINFRINGEMENT OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE; OR THAT THE bamboo SERVICES WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, TIMELY, TRUTHFUL, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL bamboo OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “bamboo PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE THESE TERMS OR THE USE OF THE bamboo SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES ), WHETHER BASED IN WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE bamboo PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE bamboo SERVICE OR $50 (WHICHEVER IS LESS). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN bamboo AND YOU. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE bamboo PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE bamboo SERVICES (INCLUDING YOUR USE OF THE CONTENT). bamboo RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
8. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on bamboo Services. We accept proper notifications of claimed copyright infringements that comply with the appropriate subsection of the copyright law as applied in accordance to the pursuant nationality regarding material or information location tools residing on our bamboo Services. Please direct notifications of claimed copyright infringements to bamboo’s copyright agent at email@example.com (subject line: “Copyright Takedown Request”).
9. DISPUTE RESOLUTION AND ARBITRATION OF CLAIMS
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the bamboo Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding and that you and bamboo are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of these Terms.
ii. Unsolicited Materials. bamboo does not accept unsolicited materials or ideas for bamboo content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to bamboo.
iv. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Updated: February, 2020.