By using this software ("the Bemba Toolbar") and the Bemba website ("Website") and/or using the services offered by Bemba Media ("Services") you agree to be bound by the following terms and conditions ("Terms & Conditions"). If you do not agree to these Terms & Conditions or to our Privacy Policy, please do not access the Website or install the Bemba Toolbar. Bemba Media reserves the right to change all or some of these Terms & Conditions at any time. Any changes to our Terms & Conditions will be announced by displaying a notice on the Website. We recommend that you periodically check these Terms and Conditions for changes. Your use of the Website or parts thereof after changes have been made to these Terms & Conditions implies that you have accepted the changes.
Bemba grants you a limited license to access the Website and use the Services in accordance with these Terms & Conditions and the instructions and guidelines posted on the Website. Bemba reserves the rights to terminate your license to use the Website and Services at any time and for any reason or in the future charge for commercial usage.
The Bemba Toolbar and Website are made available to you for your personal, non-commercial use only (at home or at work). You may not modify, copy, publish, license, create derivative works for and/or sell any information and/or software associated with the Bemba Toolbar and Website, without first obtaining written permission from Bemba Media B.V. Furthermore, you may not use the Bemba Toolbar and Website in any manner that could damage, disable, overburden, or impair Bemba’s recommendation services (e.g., you may not use the Bemba Toolbar and Website in any automated manner), nor may you use the Bemba Toolbar and Website in any manner that could interfere with any other user’s use and enjoyment of Bemba’s recommendation services.
You are solely responsible for your use of the Bemba Toolbar and Website. Because Bemba merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Bemba, and Bemba makes no claim of accuracy of any user-posted content. Bemba allows for the posting of links to third-party websites. The linked websites’ content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website and/or any link contained in a linked website. The inclusion of a link on the Website or Services does not imply any endorsement by and/or any affiliation with Bemba. In accessing the Website and Services and/or following links to third-party websites you may be exposed to content that you consider offensive, inappropriate or otherwise objectionable to you. You agree that your only recourse is to stop using the Bemba Toolbar, Website and Services. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bemba with respect to any such content.
By accepting these Terms and Conditions you agree that your conduct on the Website will comply with (and you agree that the content of all of your user submissions shall comply with) the Bemba Community Policy, and its updates from time to time.
You agree that you will not post or upload content which is unlawful for you to possess in the country in which you reside, or which it would be unlawful for Bemba to use or possess in connection with the provision of the Services. You agree that you will not post any content that is subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Bemba the licence referred to below.
Bemba reserves the right (but shall have no obligation) to decide whether content complies with the content requirements set out in these Terms & Conditions and the Bemba Community Policy and may remove such content and/or terminate a user's access, without prior notice and at its sole discretion.
When you upload or post content to the Website you grant:
You can mark content as private to restrict access and/or use to those users to whom you explicitly grant access. The foregoing does not affect Bemba’s right to access and/or use the content you have posted and/or composed - in connection with the Services, Website and/or otherwise in connection with our business.
Bemba disclaims all liability for damages, including without limitation, any general, special, incidental and/or consequential damages, resulting from (your use of) the content.
Bemba is explicitly not responsible for the manner and/or circumstances by which third parties access and/or use public content and is under no obligation to disable and/or otherwise restrict this access. Bemba provides you with the ability to retrieve and/or remove your posted content and/or your personal information from the Website and the Services. This ability does not extend to copies that others may have made and/or to copies that we may have made for backup purposes.
Bemba, the Bemba Toolbar, the Bemba logo and the Bemba design are trademarks or trade dress of Bemba Media B.V., and may not be used without express written permission from Bemba, other than for attribution. All other trademarks not owned by Bemba Media B.V. that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, and/or sponsored by Bemba. All rights reserved.
You acknowledge that all Bemba-originated content included on the Website, such as text, graphics, logos, data compilations, software and the compilation of all content on the Website, is the property of Bemba Media B.V. and protected by the Dutch Copyright Act and International copyright laws. Except as set out in these Terms & Conditions, no reproduction of any Bemba-originated content is permitted without written permission from Bemba. All rights reserved.
By accepting these Terms and Conditions you transfer all rights of intellectual property – if any - resulting from your contribution on how to improve Bemba, the Website and/or the Bemba Toolbar and/or your comments on the Bemba Toolbar and/or Website.
User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the Terms and Conditions. In case of a failure to comply, Bemba will block the users’ access to the Website after serving the user with a minimum of two warnings.
Bemba does not accept any responsibility for any harm resulting from your use and/or misuse of the Bemba Toolbar and/or Website. Bemba is not liable for content placed on the Website by a user, the content of websites mentioned on the Website or connected to the Website, for example by hyperlinks.
The Bemba Toolbar and Website are provided "as is", with no warranties whatsoever. Bemba expressly disclaims to the fullest extent permitted by law all express, implied, and/or statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Bemba disclaims any warranties regarding the security, reliability, timeliness, and/or performance of the Bemba Toolbar and Website.
You understand and agree that you download and/or use the Bemba Toolbar at your own discretion and risk and that you will be solely responsible for any damages to your computer system and/or loss of data that might result from the download and/or use of the Bemba Toolbar.
Under no circumstances shall Bemba be liable to any user for any direct or indirect damage resulting from or in connection with the use and/or misuse of the Bemba Toolbar and/or Website and/or the impossibility of using it and/or any associated services of Bemba.
Bemba disclaims any responsibility for the content or availability of content (websites, hyperlinks, information etc.) posted on the Website by you or any other party. Bemba does not guarantee nor do we accept any liability with regard to the content of advertisements, products, services and/or other material on this Website or websites and/or sources referred to on the Website.
Bemba is at all times free to change, suspense and/or terminate (parts of) the Website. Under no circumstances shall Bemba be liable for any harm, damage or costs on your part resulting from such measures taken.
Furthermore Bemba is not liable for any damage, resulting from or connected with false and/or faulty information and/or viruses.
These Terms & Conditions include all the arrangements made by the parties in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing by Bemba and signed by Bemba.
Bemba and you are independent entities, and nothing in these Terms & Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Bemba and you.
These Terms & Conditions supersede any previous agreement and represent the entire agreement between Bemba and you. If one or more provisions of these Terms & Conditions are adjudged to be illegal or unenforceable, the remaining provisions will remain in full force and effect. These Terms & Conditions are governed by Dutch Law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.
Bemba is free to transfer any right and/or any obligation, (parts of) the Bemba Toolbar and/or the Website, the Bemba Terms & Conditions and/or the Bemba Privacy Policy to a third party. You are not permitted to transfer any right and/or any obligation resulting from your usage of the Website to a third party without the prior written permission of Bemba.
If you have comments on the Bemba Toolbar and/or Website or ideas on how to improve Bemba, please contact us. Please note that by doing so, you grant Bemba permission to use and/or incorporate your ideas and/or comments into the Bemba Toolbar and/or Website without further compensation.
Last updated: September 28, 2007
