Terms of Service

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By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services.

Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to make changes to these terms at any time. Your continued use of our Services constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for such changes.

1. USER RESPONSIBILITY

1.1 Our Site is a Venue. Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange meeting with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.

1.2 Identity Verification. Because user verification on the Internet is difficult, we cannot and do not confirm each user’s purported identity. You are responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information such user may submit to BonVoyART. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site and to take the same precautions you would normally take when meeting a stranger in person for the first time.

1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

1.4 Release. Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

2. USER CONDUCT. In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:

(a) violate any applicable law or regulation;

(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

(d) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(f) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);

(g) "stalk" or harass any other user of our Services;

(h) collect or store any information about any other user other than for purposes of the permitted use of our Services;

(i) use our Services for any commercial purpose whatsoever;

(j) register for more than one user account or register for a user account on behalf of an individual other than yourself;

(k) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;

(l) attempt to defeat any security or verification measure relating to use of the Services; or

(m) assist any third party in doing any of the foregoing.

3. MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.

4. PRIVACY. We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Services are designed to allow users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any other personal information, you waive any privacy expectations you have with respect to use of such likeness or personal information. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Services. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Services and deliver information and services to you and other users of our Services.

5. YOUR CONTENT

5.1 You Grant Us a License. By submitting any content (including without limitation, your photograph) toBonVoyART, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.

5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:

(a) is defamatory;

(b) contains nudity or sexually explicit content;

(d) exploits images or the likeness of individuals under 18 years of age;

(e) depicts use of illicit drugs;

(f) makes use of offensive language or images;

(g) characterizes violence as acceptable, glamorous or desirable;

(h) provides a link to any commercial websites; or

(i) contains any of your personal contact information, except as specifically required or requested as part of your registration on this site.

5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

6. THIRD-PARTY CONTENT. In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.

7. PROPRIETARY RIGHTS

7.1 Our Intellectual Property. All material on our Site are protected by rights copyright and trademarks and laws, as may be applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of our Services.

7.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at hello@bonvoyart.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.

8. USERNAME AND PASSWORD. You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.

9. TERMINATION. We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.

10. DISCONTINUANCE OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

11. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

12. DISCLAIMER OF WARRANTIES

12.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.2. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

12.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.

12.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. LIMITS ON LIABILITY

13.1. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

13.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

13.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).

13.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

14. INDEMNITY. You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

15. REPORTING MISCONDUCT. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us at hello@bonvoyart.com and using "Problem with Another Member" as email object, provided that your report shall not obligate us to take any action or cause us to incur any liability.

16. MEETINGS. Many in-person meetings are held by groups of interested members and are not sponsored or organized by us. Members who organize meetings should make clear in their announcements, invitations and signage that their meetings have not been organized or approved, and are not run, by us. We cannot guarantee the quality, organization or safety of any in-person meeting (whether or not sponsored by us). Members attend meetings at their own risk.

17. MISCELLANEOUS. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our agreement with you. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.5 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Proprietary Rights), 13 (Limits on Liability), 14(Indemnity), ) and this Section 17 (Miscellaneous) shall survive any termination or expiration of these Terms.

The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to children younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.

You agree that you will not post, email or make available any content or use this Network:

In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
in a manner 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;
to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person's explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
"Stalk" or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
Post any content containing child pornography to this Network;
Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any content that constitutes pornography, contains nudity, or is adult in nature.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
Use this Network as a generic file hosting service;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.

The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 16 and is offered only to users 16 years of age or older. Any person who provides their personal information through this Network represents that they are 16 years of age or older.

You agree that you will not post, email or make available any content or use this Network:

In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
in a manner 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;
to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person's explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

"Stalk" or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
Post any content containing child pornography to this Network;
Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any content that constitutes pornography, contains nudity, or is adult in nature.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
Use this Network as a generic file hosting service;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.