- You must be at least 18 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, favorites, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Bonfire Social Club prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Bonfire Social Club upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- We can remove any content or information you post on Bonfire Social Club if we believe that it violates these terms or our policies
- You agree that you will not solicit, collect or use the login credentials of other Bonfire Social Club users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Bonfire Social Club.
- You must not access Bonfire Social Club’s private API by means other than those permitted by Bonfire Social Club. Use of Bonfire Social Club’s API is subject to a separate set of terms available below (“API Terms”).
- You must not create or submit unwanted email, comments; stars or other forms of commercial or harassing communications (a/k/a “spam”) to any Bonfire Social Club users.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Bonfire Social Club page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Thank you for using the Bonfire Social Club application programming interfaces (the “Bonfire Social Club APIs”). By using the Bonfire Social Club APIs, you agree to the terms below. If you disagree with any of these terms, Bonfire Social Club does not grant you a license to use the Bonfire Social Club APIs. We reserve the right to update and change these terms from time to time without notice
Your license to the Bonfire Social Club APIs under these terms continues until either party terminates it. You may terminate the license by discontinuing use of all or any of the Bonfire Social Club APIs. Bonfire Social Club may terminate the license at any time for any reason. Your rights to use the Bonfire Social Club APIs terminate automatically if (i) you violate any of these terms, (ii) Bonfire Social Club publicly posts a written notice of termination on Victoryap.co, (iii) Bonfire Social Club sends a written notice of termination to you, or (iv) Bonfire Social Club disables your access to the Bonfire Social Club APIs.
Licensed Uses and Restrictions
The Bonfire Social Club APIs are owned by Bonfire Social Club and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Bonfire Social Club APIs, including all updates, revisions, substitutions, and any copies of the Bonfire Social Club APIs made by or for you. Bonfire Social Club user photos and videos (“User Content”) are owned by the users and not by Bonfire Social Club. Bonfire Social Club reserves all rights not expressly granted to you.
- Comply with any requirements or restrictions imposed on usage of User Content by their respective owners. Remember, Bonfire Social Club doesn’t own User Content – Bonfire Social Club users do. Although the Bonfire Social Club APIs can be used to provide you with access to User Content, neither Bonfire Social Club’s provision of the Bonfire Social Club APIs to you nor your use of the Bonfire Social Club APIs override User Content owners’ requirements and restrictions, which may include “all rights reserved” notices (attached to User Content by default when uploaded to Bonfire Social Club), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions.
- Comply with any other terms and conditions a user has attached to his or her User Content. For example, if a user marks a photo as “private” after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of User Content that has become “private,” you must remove such User Content as soon as reasonably possible.
- Remove from your application within 24 hours any User Content or other information that the owner asks you to remove.
You shall not:
- Use the Bonfire Social Club APIs for any application that replicates or attempts to replace the essential user experience of Bonfire Social Club.com or the Bonfire Social Club apps.
- Use the Bonfire Social Club APIs to spam, incentivize, or harass users.
- Participate in any “star”, “share”, “comment”, or “favorite” exchange programs.
- Use the Bonfire Social Club APIs to post automated content to Bonfire Social Club, including likes and comments that were not initiated and entered by a Bonfire Social Club user.
- Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Bonfire Social Club APIs.
- Display more than 30 Bonfire Social Club photos or videos per page in your application or use an unreasonable amount of bandwidth.
- Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to Bonfire Social Club users.
- Use the Bonfire Social Club APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Use the Bonfire Social Club APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use Bonfire Social Club as a generic image hosting service for banner advertisements, graphics, etc.
- Use the Bonfire Social Club APIs in a manner that adversely impacts the stability of Bonfire Social Club servers or adversely impacts the behavior of other applications using the Bonfire Social Club APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
- Sell, lease, or sublicense the Bonfire Social Club APIs or access thereto or derive revenues from the use or provision of the Bonfire Social Club APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Bonfire Social Club account by logging into the Service and requesting deletion. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, stars, favorites, settings and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your page and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Bonfire Social Club is not responsible or liable for the conduct of any user. Bonfire Social Club reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Bonfire Social Club does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Bonfire Social Club is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Bonfire Social Club has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Bonfire Social Club Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Bonfire Social Club’s express consent).
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- The Service contains content owned or licensed by Bonfire Social Club (“Bonfire Social Club Content”). Bonfire Social Club Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Bonfire Social Club, Bonfire Social Club owns and retains all rights in the Bonfire Social Club Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bonfire Social Club Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Bonfire Social Club Content.
- The Bonfire Social Club name and logo are trademarks of Bonfire Social Club, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bonfire Social Club. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bonfire Social Club, and may not be copied, imitated or used, in whole or in part, without prior written permission from Bonfire Social Club.
- Although it is Bonfire Social Club’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Bonfire Social Club reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Bonfire Social Club, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Bonfire Social Club encourages you to maintain your own backup of your Content. In other words, Bonfire Social Club is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Bonfire Social Club will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- It is Bonfire Social Club’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Bonfire Social Club does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Bonfire Social Club is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, Bonfire Social Club CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Bonfire Social Club NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “Bonfire Social Club PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Bonfire Social Club CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Bonfire Social Club OR VIA THE SERVICE. IN ADDITION, THE Bonfire Social Club PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE Bonfire Social Club PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE Bonfire Social Club PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Bonfire Social Club CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Bonfire Social Club PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Bonfire Social Club PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Bonfire Social Club PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Bonfire Social Club PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Bonfire Social Club’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Bonfire Social Club PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Bonfire Social Club PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
Bonfire Social Club IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.