Last Updated: November 8th, 2013

 

What follows is a description of the terms on which Bokeh, Inc. offers you access to its site and services. It was originally written in English. In the event a translated version conflicts with the English version in any way, the English version controls.

By registering for and/or using the app and website, you agree to comply with the following terms of use and to be legally bound by them. You should read the terms of use carefully before agreeing to them. If you do not agree to the following terms, you have no right to obtain or access information from this site and no right to continue using this Site or Service in any way.

1. BINDING EFFECT

This is a binding agreement. By using the Internet site located at http://bokeh.com (the “Site”) or any software and/or services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Bokeh, Inc. (“Company,” “we,” or “us”) from time to time in its sole discretion. We will post a notice on the Site, and send a notice by e-mail to its registered users, any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE EITHER (i) AT LEAST 18 YEARS OLD AND ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, OR (ii) AT LEAST 13 YEARS OLD AND ARE AUTHORIZED TO ACCESS THE SITE BY A PARENT OR LEGAL GUARDIAN.

If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

2. PRIVACY POLICY

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by visiting http://bokeh.com/privacy. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately concerning any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. THEREFORE, WE STRONGLY RECOMMEND THAT YOU LOG OUT OF YOUR ACCOUNT BEFORE LEAVING OR CLOSING THE SITE AND ANY TIME YOU WILL BE AWAY FROM YOUR COMPUTER WHILE OTHERS ARE OR MAY BE PRESENT OR NEARBY.

3. USE OF SOFTWARE

Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software (excluding User Content), and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT

PLEASE READ THIS SECTION CAREFULLY. We do not claim ownership of any content that you post on the Site or through the Service. Instead, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the materials, information and other content you post to the Site or Service (collectively, “User Content”). By posting or submitting User Content to the Site or Service, you are granting the Company and its affiliates this license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any User Content in connection with the Site or Service.

In consideration of Company’s agreement to allow you to post User Content to the Site and Company’s agreement to publish such User Content, you agree as follows:

  1. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
  2. You grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any User Content in connection with the Site or Service.
  3. Company may use User Content fully or partially for promotional reasons, in addition to use for the Service. We may publish or otherwise disclose your name or user name in connection with your User Content, but are not required to do so.
  4. Although the Company may take measures to restrict the ability of users and visitors to the Site to make copies of User Content posted to the Site, the Company makes no representation or warranty that User Content will not be unlawfully copied without your consent.
  5. You will not be compensated for any User Content, nor compensated for the licensed use of User Content by Company or its affiliates.
  6. You shall have no right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against the Company or any of its affiliates, all of which such rights are hereby expressly and irrevocably waived by you in favor of the Company.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of the Company. We reserve the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any User Content at any time in our sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. THE SITE SHOULD NOT BE USED OR RELIED UPON FOR STORAGE OF YOUR PHOTOGRAPHS AND IMAGES AND YOU ARE DIRECTED TO RETAIN YOUR OWN COPIES OF ALL USER CONTENT POSTED ON THE SITE.

5. USER CONDUCT AND RESPONSIBILITY

Company’s Services do not include introductions between users of the Site. The Site serves as a venue for registered users to learn about each other and, if they so desire, to make connections with other users. All User Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such User Content originates and you acknowledge and agree that you, and not the Company, are entirely responsible for all User Content that you post or otherwise submit to the Site. We have no control over the accuracy of the information posted by users on the Site and have no control over users’ conduct or behavior. Company does not guarantee the accuracy, integrity or quality of User Content. It is your responsibility to verify the accuracy of the information provided and/or posted by users. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

You are responsible for your interactions with other users. We will not be responsible or liable for any damage or harm that you may suffer or experience as a result of your interactions with other users. We are not obligated to monitor interactions between and among users of our Services. However, we reserve the right to monitor such interactions and to restrict access to or availability of any material we or any other user deems lewd, lascivious, filthy, obscene, pornographic, violent, harassing, or otherwise offensive. By agreeing to these Terms of Use, you consent to such monitoring as a condition of access to the Services.

6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

7. INAPPROPRIATE USER CONTENT

You shall not make the following types of User Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Furthermore, Company reserves the right to suspend and/or terminate your account and deny you access to the Site and the Service if you upload, download, display, perform, transmit, or otherwise distribute any inappropriate content. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

In addition, you cannot use the Service to (a) conduct surveys or contests; (b) engage in pyramid schemes; (c) send chain letters, junk mail, spam, or unsolicited messages; (d) upload viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other destructive software; (e) conduct a metatag search of the Site or Service; or (f) create a false identity for the purpose of misleading others.

8. COPYRIGHT INFRINGEMENT

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Chao “Michael” Zhang
BOKEH, INC.
160 Greentree Drive.
Suite 101
Dover, DE 19904

dmca@bokeh.com

9. ALLEGED VIOLATIONS

Company reserves the right to terminate your use of the Service and/or the Site for any reason and at any time. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

10. NO WARRANTIES

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PLEASE USE THIS WEBSITE AT YOUR OWN RISK.

Nothing obtained by you in oral or written form from the Company or from the Services will create any warranty that is not expressly stated in these Terms of Use.

11. LIMITED LIABILITY

COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

12. LINKS AND AFFILIATED SITES

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

13. PROHIBITED USES

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, Host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

14. INDEMNITY

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

16. DISPUTES

In the event a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means to resolve the dispute quickly. Accordingly, any claim or controversy at law or equity that arises out of these Terms or our Services ("Claim") shall be resolved in accordance with one of the subsections below or as we may otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution ("ADR") procedures, such as mediation, as an alternative to litigation.

  1. BINDING ARBITRATION. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand US Dollars (US$10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  2. COURT. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction. The parties hereby irrevocably consent to the exclusive jurisdiction of the state court in Yolo County, California (USA), or that of a US federal court in Sacramento, California (USA), in all disputes arising out of or related to use of the Site or Service.
  3. ATTORNEYS’ FEES. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute-resolution mechanism that is selected in accordance with this Section 16 by the first party to file a Claim. Should either party file an action contrary to this Section 16, the other party may recover attorneys’ fees and costs up to $5,000 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

17. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or content owned by Company or by any third party.

19. MODIFICATIONS

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. INTEGRATION

These Terms of Use contain the entire agreement between the parties (Company and you, the user), and supersedes any prior or contemporaneous understandings between the parties.

21. ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.