BongoZoois
a website designed, developed, hosted, promoted and maintained by
EverythingDAR.com Ltd. (hereafter referred to as BongoZoo).
ACCEPTANCE
OF TERMS
The use of BongoZooWebsite is subject to the Terms of Use (hereinafter
referred to as 'TOU') mentioned hereunder. By accepting our services, you agree
to comply with the TOU. If you do not agree to the TOU, please refrain from
accessing the BongoZoo Website immediately. We reserve the right, at our sole
discretion, to change, modify or otherwise alter these TOU at any time. Such
modification/Change shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep yourself
apprised of any changes. We also reserve the right to modify or discontinue,
temporarily or permanently the site, any site features, benefits (including
without limitation blocking or terminating your account), rules or conditions,
all without notice, even though such changes may affect the way you use the
site.
COPYRIGHT
Copyright © EverythingDAR.com Ltd. 2009 All Rights Reserved. No part of
this website may be reproduced without EverythingDAR.com Ltd.'s (BongoZoo's)
express consent. Commercial use and distribution of the contents of the website
is not allowed without express and prior written consent of the author. Sharing
of individual content pages via social media and backlinks to content is
allowed
CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials (hereinafter referred to as “the Content”)
posted on, transmitted through, or linked to BongoZoo Website, are the sole
responsibility of the person from whom such Content originated. If you
post/submit content, you understand that you are entirely responsible for each
individual item of Content that you post, email or otherwise make available on
the BongoZoo Website. Furthermore, Content available through the BongoZoo
Website may contain links to other websites, which are completely independent
of BongoZoo. BongoZoo makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in the site. As a
site user, you agree that you must evaluate, and bear all risks associated with
the use of any Content found on the site, that you may not rely on, and that
under no circumstances will BongoZoo be liable in any way for any Content or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the BongoZoo Website. BongoZoo
shall have the right in its sole discretion to refuse, delete or move any
Content on the Website, for violating the letter or spirit of the TOU. Scams,
false advertising, inaccurate or misleading pricing, false representations of
any kind and related behavior is not accepted. When identified by BongoZoo
staff or reported by site users, such Content will be deleted from the site and
the account from which the Content originated will be blacklisted and prevented
from posting additional Content in the future.
USER
CONDUCT
You agree NOT TO post, list, email, or otherwise make available any
content:
- that is
unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
- that is
pornographic or depicts a human being engaged in actual sexual conduct;
- that
harasses, degrades, intimidates or is hateful towards an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- that violates
the laws of the United Republic of Tanzania, including but not limited to
employment law;
- that
impersonates any person or entity, including, but not limited to, an BongoZoo
employee, or falsely states or otherwise misrepresents your affiliation
with a person or entity;
- that includes
personal or identifying information about another person without that
person's explicit consent;
- that is
false, deceptive, misleading, deceitful, misinformative;
- that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
- that you do
not have a right to make available under any law or under contractual or
fiduciary relationships;
- that
constitutes or contains 'link referral code,' 'junk mail,' 'spam,' 'chain
letters,' 'pyramid schemes,' or unsolicited commercial advertisement;
- that
advertises any illegal service or the sale of any items the sale of which
is prohibited or restricted by any applicable law;
- 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;
- 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:
- post the same
item or service in more than one classified category;
- attempt to
gain unauthorized access to BongoZoo's computer systems or engage in any
activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of the BongoZoo Website; or
- use of any
form of automated device or computer program that enables the submission
of postings on the Website without BongoZoo's express consent.
PAID
VS. FREE POSTINGS
Most listings on BongoZooare free, only featured listings are charged a
fee. When a fee is applicable, the user will be prompted to accept the fee
before creating the featured listing. After submission of a featured listing,
an invoice for the appropriate amount will be sent to the users account email.
All fees paid will be non-refundable in the event that the Content is removed
from the Site for violating the TOU, or the account holder terminates the
featured listing prior its expiration date
LIMITATIONS
ON SERVICE
You acknowledge that BongoZoo may establish limits concerning use of the
Website, including the maximum number of days that Content will be retained by
the Website, the maximum number and size of postings or other Content that may
be transmitted or stored by the Website, and the frequency with which you may
access the Website. You agree that BongoZoo has no responsibility or liability
for the deletion or failure to store any Content maintained or transmitted by
the Website. You acknowledge that BongoZoo reserves the right at any time to
modify or discontinue its service (or any part thereof) with or without notice,
and that BongoZoo shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Services rendered by the
Website. The Services provided by the Website may be temporarily unavailable
from time to time for maintenance or other reasons for which BongoZoo shall not
be held responsible.
TERMINATION
OF SERVICE
You agree that BongoZoo, in its sole discretion, has the right to delete
or deactivate your account, or otherwise terminate your access to or use of the
Website (or any part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including, without
limitation, if BongoZoo believes that you have acted inconsistently with the
letter or spirit of the TOU. Further, you agree that BongoZoo shall not be
liable to you or any third-party for any termination of your access to the
Website. Further, you agree not to attempt to use the Website after the said
termination.
DISCLAIMER
OF WARRANTIES
You agree that use of BongoZoo website is entirely at your own risk. The
postings on the website are provided on an 'as available' basis, without
warranties of any kind. All express and implied warranties, including, without
limitation, the warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary rights are expressly disclaimed to
the fullest extent permitted by law. To the fullest extent permitted by law, BongoZoo
disclaims any warranties for the security, reliability, timeliness, accuracy,
and performance of the BongoZoo website. BongoZoo disclaims any warranties for
other services or goods received through or advertised on the ?BongoZoo website
or accessed through any links on the BongoZoo website. To the fullest extent
permitted by law, BongoZoo disclaims any warranties for viruses or other
harmful components in connection with the BongoZoo website.
LIMITATIONS
OF LIABILITY
Under no circumstances shall BongoZoo be liable for direct, indirect,
incidental, special, consequential or exemplary damages (even if BongoZoo has
been advised of the possibility of such damages), resulting from any aspect of
your use of the website or the service, whether the damages arise from use or
misuse of the website, from inability to use the website or the service, or the
interruption, suspension, modification, alteration, or termination of the
website. Such limitation shall also apply with respect to damages incurred by
reason of other services or products received through or advertised on the
website or any links on the website, as well as by reason of any information or
advice received through or advertised in connection with the website or any
links on the website. These limitations shall apply to the fullest extent
permitted by law.
INDEMNITY
You agree to indemnify and hold BongoZoo, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including 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 Website,
your use of our Services, your violation of the TOU, your breach of any of the
representations and warranties herein, or your violation of any rights of
another.
GENERAL
INFORMATION
The Terms of Use constitute the entire agreement between you and BongoZoo
and govern your use of the Website. It supersedes any prior
agreements/arrangements between you and BongoZoo. The Terms of Use and the
relationship between you and BongoZoo shall be governed by the laws of the
United Republic of Tanzania. You agree to submit to the exclusive jurisdiction
of the High Court (Commercial division) in relation to any dispute arising
under this Terms of Use.