Terms and Conditions
We
Welcome to the bamroo.com web site (the “website” or the “Site” or “we” or “us” or “our”),
owned and controlled by bamroo.com. The site has created a community of photographers, both
amateurs and professional, who love photography and would like to share their photographs
with thousands of others. The site will provide opportunity to the Artists to upload their
pictures. In future, you may also be able to download the photographs (the “photos”) and
purchase photographic material and products (the “goods”) online.
The Agreement
This user agreement ("Agreement" or “Terms and Conditions”) describes the terms and
conditions applicable to your use of our services, including without limitation the
bamroo.com web site (the “website” or the “Site” or “we” or “us” or “our”).), and all
other services provided by the us (“Service”). By using bamroo.com’s service (the “service”)
or visiting this site, you expressly agree to be bound by all terms and conditions of this
Agreement and all policies and guidelines incorporated by reference, including without
limitation bamroo.com’s privacy policy. If you do not agree to
the terms and conditions you are not authorized to access or use bamroo.com’s services and
should leave it immediately.
Terms and conditions of this agreement (“agreement”) are updated from time to time and may
be modified without any prior notice. They become effective upon their posting on the site.
By visiting this site after any modifications in the terms, you accept the revised terms and
conditions also. We therefore suggest that you should consult these Terms and Conditions and
the linked information regularly for updates.
Violation of the agreement
Any violation of any condition of this agreement at any time may result in suspension or total
withdrawal of your privileges which will include but may not be limited to uploading photos on the
Site and or use of the chat and or blog pages. This is without prejudice to the right of bamroo.com
to take any appropriate legal action including, but not limited to, for restraint or recovery of
loss or damages.
In consideration of your use of the bamroo.com’s service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services under the
laws of Republic of South Africa or any other applicable jurisdiction.
No Membership
We have tried to keep this site as informal as possible so there is no requirement of a membership
for you to be access the site or any of its many features . You will not be asked to give any
personal details except your name and the email ID when you want to upload a photograph. The email ID
will be used to contact you, but it will not be displayed publicly.
Tenure of the agreement
This Agreement shall become effective upon the execution hereof by the parties, as described above,
and shall continue until terminated by bamroo.com or you. However, in case you have entered into
any contract or agreement with any party, termination of this Agreement will not affect or alter
your obligations under that separate agreement or contract.
Comments and Forums
You may want to share your comments or compliments with another photographer. You can use the
‘blog comments’ and ‘forums’ facilities, for this purpose and also for exchanging news and views
with other photographers in a purely noncommercial manner. You shall not distribute or otherwise
publish any material containing any solicitation of funds, promotion, advertising, or solicitation
for goods or services, unless such solicitation has been expressly permitted by bamroo.com.
Conduct
You agree that you will not use bamroo.com to post any material that (a) violates any law or regulation
or any condition of this agreement (b) infringes upon any rights including but not limited to copyright,
patent, trademark, trade secret, or other intellectual property right or proprietary right or right of
publicity or privacy; (c) is obscene, indecent or contains pornography;(d) is, or may be reasonably construed
as, racial or derogatory to any class, group, gender or category of people (e) promotes hatred or violence
against women or children, or (f) indulges in or encourages harassment, defamation, stalking or any
other type of unwelcome advance.
We do not monitor any information posted by users and are not liable for any such information posted on our
site. Other people's information may be offensive, harmful, inaccurate, or deceptive. We, however, reserve
the right to take any action with respect to information posted as deemed fit including but not limited
to removal of the content which appears to be inappropriate in our sole judgment without assigning any reason.
License
You grant to bamroo.com a non-exclusive, universal, perpetual, irrevocable, royalty-free, sub- licensable
(through multiple tiers) right and license to reproduce, modify, adapt, publish and display any content,
information, data, text, photographs, graphics, messages or other materials without limitation your name
and likeness, in any media now known or hereafter developed, including without limitation on the Site and
on the sites of our partners.
As a condition of your using the Site, bamroo.com shall retain all ownership in the Site including all URLs
and any content created or derived on the Site. In order to enable bamroo.com to use the User Content you
provide to us, so that we are not violating any rights you might have in that content, you agree to grant
to bamroo.com a non-exclusive, universal, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers)
right and license to exercise the copyright, publicity, and database rights (but no other rights) you have in
your User Content (including the modification of such content), in any media now known or not currently known,
with respect to your User Content. You also grant bamroo.com the right to use or reference your member name on
the Service and elsewhere to promote the Service without your consent.
You also warrantee that all the content you post on bamroo.com is your own, or you have the authority to post it.
You are also solely responsible for any action brought by any one on the grounds that the photographs were taken used
without their consent or in violation of the terms of such consent or release, or that their right of privacy has been
violated in any other manner.
Third party links
The Web Site may contain links to third-party web sites not under the control or operation of bamroo.com. You may find
content which may be inappropriate or offensive to you. We do not endorse and are not responsible for the content of any
linked site or any link contained in a linked site. If while on such linked sites you download any material from, provide
any information to or on or transact any business on, you do so solely at your risk bamroo.com does not have any liability
for any damages or injuries arising from the content or reliability of such sites.
You should report to us in case you find anything inappropriate on any third party site.
Automated bots
You may not use any device, including but not limited to any viruses, spiders, trojan horses, worms, time bombs,
cancelbots or denial-of-service attacks, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,
from bamroo.com. You may not take any action that imposes an unreasonable or disproportionately large load on our
infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.
INDEMNIFICATION
You agree to indemnify and hold bamroo.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or
threatened by any third party due to or arising out of your use of or conduct on bamroo.com, your violation of this
Agreement, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, bamroo.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. bamroo.com MAKES NO WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SOFTWARE OR SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS FOR
A PARTICULAR PURPOSE OF ANY INFORMATION, INCLUDING WITHOUT LIMITATION, HEALTH INFORMATION, PROVIDED IN CONNECTION WITH bamroo.com.
bamroo.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON bamroo.com.
THE SERVICES PROVIDED BY AND ITS AFFILIATES ARE PERFORMED AND THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR
USE OF THE SERVICE AND THE INTERNET.
Further, bamroo.com explicitly disclaims any responsibility for the accuracy, content, or availability of information found on
sites that link to or from bamroo.com from third parties not associated with bamroo.com. Because some sites employ automated search
results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, bamroo.com cannot be held
responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby
irrevocably waive any claim against us with respect to such sites. bamroo.com does not make any representations or warranties as to
the security of any information (including, without limitation, credit card and other personal information) you might be requested to
give any third party and you hereby irrevocably waive any claim against us with respect to such sites.
Force Majeure
bamroo.com shall not be in default under the terms of this agreement nor liable for failure to observe or perform in
accordance with any provision of this agreement for any reason or cause which could not with reasonable diligence
be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes,
lock-outs, labour or industrial disputes, acts of God, acts of Governments or flood, storm, tempest, power shortages
or power failure, inability to obtain sufficient labour, raw materials, fuel or utilities, any technical problems
including any failure of communication, acts or absence of acts of third parties affiliates or delays, non-deliveries,
mis-deliveries or service interruptions caused by us, any third party acts, the acts of any web services provider or
problems with the Internet infrastructure and networks external to the Web Site.
Whole Agreement
This agreement contains the whole of the agreement between the parties in relation to the service and any representation
or warranty made by either party prior to entering into this agreement shall have no force or effect unless otherwise
stated herein.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of the agreement
will remain enforceable and shall be enforced. Failure of either party to act or exercise its respective rights under
this Agreement upon the breach of any other terms hereof by the other party shall not be construed as a waiver of such
a breach or prevent the said party from thereafter enforcing strict compliance with any or all of the terms thereof.
GOVERNING LAW AND JURISDICTION
This Web site (excluding linked Web sites) is controlled by bamroo.com from its offices within the Gauteng, Republic of South Africa.
By accessing this web site, you and bamroo.com agree that all matters relating to access to, or use of, this Web site
shall be governed by the laws of the Republic of South Africa, without regard to the conflicts of laws principals thereof.
You and bamroo.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the
Republic of South Africa with respect to such matters.
COPYRIGHT VIOLATION NOTICE
Bamroo.com respects the intellectual property of others, and we ask our subscribers to do the same.
If you believe that your work has been copied and is accessible on the bamroo.com service in a way that constitutes
copyright infringement, you may notify bamroo.com, by providing bamroo.com the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the
location where the copyrighted work exists or a copy of the copyrighted work; 3. identification of the URL or other specific
location on the bamroo.com site where the material that you claim is infringing is located; 4. your address, telephone number,
and e-mail address; 5. a 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; and 6. 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.
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