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Bamboopost.com Website Terms and Conditions

This policy is effective 05/01/2006.

INTRODUCTION. Welcome to www.bamboopost.com . Thanks for stopping by. The key concept to know throughout this term and condition is that you agree Bamboopost.com (owned by Yao Interactive Media) shall not be responsible or liable for any loss or damage of any sort incurred as the result of accessing Bamboopost.com or from the information on Bamboopost.com, regardless directly or indirectly obtained.  

Limited Liability

You agree to indemnify and hold BAMBOOPOST.COM and YAO INTERACTIVE MEDIA, its officers, shareholders, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.    

1. ACCEPTANCE OF TERMS   Bamboopost.com owned by Yao Interactive Media (referred to hereafter as "Bamboopost or Bamboopost.com") provides a collection of online resources, including online classified, discussion forum, personal blogs, photo gallery, restaurant menus, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. Please note these terms may change from time to time. Should you object to any term or condition of these Terms, or any subsequent modifications of these terms or conditions, thereto or become dissatisfied with Bamboopost.com in any way, your only resource is to immediately discontinue use of Bamboopost.  

2. MODIFICATIONS TO THIS AGREEMENT   We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time these changes are effective immediately. It is user's responsibility to review the term and conditions prior to any use.  

3. BAMBOOPOST TERM OF USE:

By accessing www.bamboopost.com you are agreeing to input your message in the proper category and to the following:    

A.  You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. Bamboopost will not be responsible for any and all contents made available through the service or any and all damages done through these contents.

B.  When you give Bamboopost content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and assignable, right to exercise the exploitation of such contents (including, among others, the reproduction, distribution, communication to the public, transformation and "making available to the public") by any means and exploitation modalities. We need these rights in order to host and display your content.

C.  If we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 USD.

D.  You acknowledge that Bamboopost does not pre-screen or approve Content, but that Bamboopost shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason, even if we just feel like it.

E. The Bamboopost site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Bamboopost. You agree that Bamboopost shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with links to third party.

F. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Bamboopost is under no obligation to become involved.

G.  If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

H. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, it is your responsibility to contact authorized government agency for notice of claims of copyright or other intellectual property infringement. Bamboopost will not be responsible, and is under no obligation to become involved in any dispute or litigation.

I.  You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;  

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;  

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;  

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);  

e) that impersonates any person or entity, including, but not limited to, a Bamboopost employee, officer, or owner or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);  

f) that includes personal or identifying information about another person without that person's explicit consent;  

g) that is false, deceptive, misleading, deceitful, misinformative, or   constitutes "bait and switch";  

h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;  

i) that constitutes or contains "affiliate marketing," "link referral code,"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;  

j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the bamboopost sites which are not designated for such purposes; or emailed to bamboopost users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.  

k) that includes links to commercial services or web sites, except as allowed in "services";  

l) that implicitly or explicitly advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided below: 

Partial list of items the sale of which is not permitted on Bamboopost:

  • Obscene material or child pornography.
  • Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
  • Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Alcohol or tobacco products.
  • Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
  • Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
  • Blood, bodily fluids or body parts.
  • Animals and animal parts, including the retail sales of cats and dogs.
  • Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
  • Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
  • Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
  • Stolen property or personal property with the serial number removed or altered.
  • Burglary tools, such as lock-picks or motor vehicle master keys
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, as well as equipment designed to make them.
  • Counterfeit or knock-off brand name goods.
  • Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
  • Airline tickets that restrict transfer.
  • Gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines.
  • Used or rebuilt batteries, or batteries containing mercury.
  • Used bedding and clothing, unless sanitized in accordance with law.
  • Non-packaged food items or adulterated food.
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

m) 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;  

n) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or  

o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.   Additionally, you agree not to:  

p) contact anyone who has asked not to be contacted;  

q) "stalk" or otherwise harrass anyone;  

r) collect personal data about other users for commercial or unlawful purposes;  

s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Bamboopost;  

t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;  

u) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;  

v) attempt to gain unauthorized access to Bamboopost computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Bamboopost website; or  

w) use any form of automated device or computer program that enables the submission of postings on Bamboopost without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.  

x) Implicitly or explicitly solicit prostitution services.    

J.  Your use of Bamboopost is a privilege not right. Thus Bamboopost will not be responsible if you are not happy with our website in anyway.

K.  You acknowledge that Bamboopost reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Bamboopost shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Bamboopost is not liable for any damage relating to the discontinuation of our service.

L.  Bamboopost grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Bamboopost.

M.  A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

N.  You will not send spam to emails stored in Bamboopost, or the unauthorized use of Bamboopost computer.

   
 
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