Agreement Between User and thinkbonfire.com
Welcome to thinkbonfire.com. The thinkbonfire.com website (the “Site”) comprises various web pages operated by Bonfire Marketing Company (“Bonfire Marketing”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of thinkbonfire.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The website thinkbonfire.com is a Blog Site developed to educate and inform.
Visiting thinkbonfire.com or sending emails to Bonfire Marketing constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Bonfire Marketing does not knowingly collect personal information from persons under the age of 13, either online or offline. If you are under 18, you may use thinkbonfire.com only with permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bonfire Marketing, and Bonfire Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bonfire Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bonfire Marketing of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the thinkbonfire.com domain, you hereby acknowledge and consent that Bonfire Marketing may share such information and data with any third party with whom Bonfire Marketing has a contractual relationship to provide the requested product, service, or functionality on behalf of thinkbonfire.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bonfire Marketing or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bonfire Marketing content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices of any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bonfire Marketing and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Bonfire Marketing or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Bonfire Marketing has no obligation to monitor the Communication Services. However, Bonfire Marketing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bonfire Marketing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Bonfire Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Bonfire Marketing’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bonfire Marketing does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Bonfire Marketing specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bonfire Marketing spokespersons, and their views do not necessarily reflect those of Bonfire Marketing.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to thinkbonfire.com or Posted on Any Bonfire Marketing Web Page
Bonfire Marketing does not claim ownership of the materials you provide to thinkbonfire.com (including feedback and suggestions) or post, upload, input, or submit to any Bonfire Marketing Site or its associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Bonfire Marketing, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bonfire Marketing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bonfire Marketing’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
You will be able to connect your Bonfire Marketing account to third-party accounts. By connecting your Bonfire Marketing account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Bonfire Marketing from its offices within the USA. If you access the Service from a location outside the USA, you are responsible for complying with all local laws. You agree that you will not use the Bonfire Marketing Content accessed through thinkbonfire.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Bonfire Marketing, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Bonfire Marketing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bonfire Marketing in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BONFIRE MARKETING COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
BONFIRE MARKETING COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BONFIRE MARKETING COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Bonfire Marketing reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bonfire Marketing as a result of this agreement or use of the Site. Bonfire Marketing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bonfire Marketing’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bonfire Marketing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bonfire Marketing with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Bonfire Marketing with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Bonfire Marketing reserves the right, in its sole discretion, to change the Terms under which thinkbonfire.com is offered. The most current version of the Terms will supersede all previous versions. Bonfire Marketing encourages you to periodically review the Terms to stay informed of updates.
Bonfire Marketing welcomes your questions or comments regarding the Terms:
Bonfire Marketing Company
407 NE 12th Avenue,
Portland, Oregon 97232
Effective as of November 23, 2015