WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

This Website (the “Site”) with a home page at http://www.bimbam.com is owned and operated by BIMBAM (“BIMBAM”). The pages and materials contained on this Site are the property of BIMBAM or are owned by a third-party and are used by BIMBAM under license. BIMBAM reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective upon posting. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that you do not comply with these Terms, BIMBAM may, its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.

INDEMNITY AND LIMITATIONS OF DAMAGES

You agree to fully indemnify, defend and hold harmless BIMBAM, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third-party.

In no event shall BIMBAM or any of its officers, directors, shareholders, subsidiaries, or employees be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if BIMBAM is expressly advised of the possibility of such damages.

PERMITTED USES

Any person is hereby authorized to view the information available on the Site for noncommercial informational purposes only. However, the text, images, music, video and other materials resident on this Site may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of BIMBAM or otherwise permitted herein.

You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by BIMBAM or others who have licensed or authorized use of such materials to BIMBAM. You acknowledge and agree that as such you may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by BIMBAM herein.

You acknowledge that you understand that BIMBAM does not authorize access to any part of the Websites or its network servers or databases in any manner contrary to the express provisions of this Agreement.

LINKING TO THE SITE

Linking to any of the BIMBAM websites indicates that you accept BIMBAM’s Terms of Use and legal restrictions and that you will abide by the guidelines herein. If you do not accept these terms and agree to abide by these guidelines, you are not authorized to link to this Site.

If you link to BIMBAM’s Site, you agree that you:

• Will not replicate any BIMBAM Site content without authorization;
• Will not imply that BIMBAM is endorsing you, your company or business, your web site or its contents, your products, or your services;
• Will not misrepresent your or your website’s relationship with BIMBAM;
• Will not present false, misleading or inaccurate information about BIMBAM, BIMBAM’s products or services, or any of BIMBAM’s affiliates or their products or services;
• Will not use BIMBAM’s trademarks, logos, or copyrighted materials without first receiving express prior written permission from BIMBAM.

LIMITED LICENSE

BIMBAM grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms [see PERMITTED USE]. You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. You agree not to change or delete any proprietary notice or watermark from materials downloaded from the Site. You agree to comply with all trademark, copyright and other intellectual property laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, BIMBAM does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information [see INTELLECTUAL PROPERTY].

DISCLAIMER

BIMBAM CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE THAT CAN MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.

THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. BIMBAM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. BIMBAM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BIMBAM MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND BIMBAM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND BIMBAM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD-PARTY WEBSITES

Some links on this Site may cause you to leave the BIMBAM Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BIMBAM does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by BIMBAM. BIMBAM makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BIMBAM is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BIMBAM or any of its affiliates or subsidiaries.

INTELLECTUAL PROPERTY

The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of BIMBAM and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BIMBAM or such third-party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that BIMBAM will aggressively enforce its intellectual property rights to the fullest extent of the law.

The materials of this Site are protected by Copyright and Trademark Laws of the United States of America and other countries and are owned by, or licensed to BIMBAM. All content of this Site is owned, licensed, or controlled by BIMBAM. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of BIMBAM.

You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary, attribution and watermark notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, music, and video without BIMBAM’S prior written consent [See PERMITTED USE].

© Copyright 2009-2017 BIMBAM. All rights reserved. Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by BIMBAM and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web site may be BIMBAM Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of BIMBAM, except as provided herein (for example material published under a Creative Commons license and material for which “embed” code is made available on the website).

BIMBAM publishes some materials on the Site (such as animated videos and curriculum guidelines) under the Creative Commons Attribution – Noncommercial – No derivative works 3.0 License. These specific works published under this Creative Commons license may be shared with third-parties on a non-commercial basis provided proper attribution is provided to the copyright owner BIMBAM. To view a copy of this Creative Commons license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/; or send a letter to Creative Commons, 171 2nd Street, Suite 300, San Francisco, California 94105 USA. Those specific BIMBAM materials that are made available under this Creative Commons license will be expressly labeled as such with the following Creative Commons graphic or something similar to indicate permission for non-commercial sharing.

BIMBAM publishes some materials on the Site in conjunction with an official “embed” tag (computer code) to allow for wider sharing of the content on the Internet and links back to BIMBAM’s website. You may post and share such BIMBAM animated content using our embed code only and only for non-commercial purposes. You are not authorized to reverse engineer or modify such content. Nor are you authorized to re-use such content for any commercial purposes whatsoever.

DMCA DESIGNATED COPYRIGHT AGENT

BIMBAM deals with alleged copyright violations on its websites in accordance with the policies and procedures stated herein and pursuant to the United States Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA) of 1998 (17 USC Section 512). Therefore BIMBAM removes allegedly infringing content under any valid DMCA notification or court order.

Complaints, Notices and Counter-Notices of alleged infringement pursuant to the DMCA should be sent to:

BIMBAM
Attn: Copyright Agent – Jordan Gill
1970 Broadway, #1020
Oakland, CA 94612
Email: info@bimbam.com

Any person who knowingly and materially misrepresents that activity or content is infringing can be subject to legal liability under the DMCA and other applicable laws.

BIMBAM or its affiliates may provide copies of any copyright notices or counter-notices to the participants in the dispute or to any other third-parties in BIMBAM’s sole discretion and as may be required by law.
You are encouraged to consult legal counsel prior to filing a DMCA notification to meet the legal requirements for filing a claim.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Notwithstanding the foregoing, BIMBAM makes no warranty regarding security or protection of personal or other data.

GOVERNING LAW

This Site is operated and administered from within the United States of America. Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco, California for the resolution of all disputes arising from or related to these Terms and/or your use of the Site and any of its Materials.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between BIMBAM and you (the “Agreement”) with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.