Bamboom

Bamboom Terms of Use

Welcome to www.bamboom.com (the “Site”), operated by Bamboom Labs, Inc (“Bamboom”). Please read these Terms of Use, which set forth the legally binding terms governing your use of the Site. By using the Site, regardless of your level of participation, you agree to be bound by these Terms.

In these Terms, “you” and “your” refer to each visitor to the Site and his or her agents (unless the context requires otherwise). “We,” “us” and “our” refer to Bamboom. “Home Reception Area” refers to the geographical area in which your home is located and from which the signals of approximately the same group of broadcast television stations can be received as from your home. “Equipment” refers to broadcast television reception equipment rented to you by Bamboom, and may include a television antenna, one or more tuners, video recording software and storage media, and other equipment.

Bamboom may revise these Terms of Use from time to time by posting them. By using the Site after such posting, you agree to be bound by such modified Terms of Use. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

Rental of Equipment

By becoming a Bamboom member, you agree to rent, and Bamboom agrees to provide, Equipment located at a Bamboom facility in your Home Reception Area. During the rental term, you have exclusive use and control, through this Site, of the Equipment rented to you. Bamboom rents the Equipment to you for a term that continues until your subscription ends or is terminated by you or Bamboom. At the end of the rental term, all rights to the Equipment revert to Bamboom.

Reception Restricted to Home Area

You may only use the Site and the Equipment to receive television signals that are available over-the-air in your Home Reception Area. You may not use or attempt to use the Site to access signals that are not available over-the-air in your Home Reception Area, including, without limitation, by providing a false home address or by using another person’s login and password. Bamboom reserves the right to verify your home address using your Internet Protocol address, the credit card and other information that you provide to Bamboom, and any publicly available information.

Intellectual Property

This Site contains information about Bamboom, including advertising, logos, trademarks, pictures, videos, information, digital images, testimonials, blog posts, and other content, all of which is protected under copyright law and other federal and state laws. Although Bamboom makes this Site freely accessible, Bamboom does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. You may not copy, modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on this Site.

Bamboom does not own the copyrights and other intellectual property rights in any broadcast television programming that you choose to view using the Equipment. Bamboom provides only the Equipment that allows you to view such programming. You are responsible for ensuring that your use of the Equipment to view television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to copy, modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming you receive using the Equipment.

Trademarks

Bamboom, and the Bamboom logo, are trademarks of Bamboom Labs, Inc. Our trademarks may not be used to identify products or services that are not Bamboom’s; in any manner likely to cause confusion; in or as a part of your own trademarks; or in a manner that implies that Bamboom sponsors or endorses your products or services.

Use of the Site

The Site and Equipment are for your personal, noncommercial use. Any other use of the Site or Equipment requires Bamboom’s prior written consent.

You may not access or use this Site in any way that could or is intended to damage, disable, overburden, or impair the operation of this Site, or any server or network underlying this Site, or that interferes with any other party’s use and enjoyment of this Site or the Equipment rented by such other person.

You may not make or attempt any unauthorized access to any data, information, system, networks, or servers on which this Site is hosted, including, without limitation, accessing or attempting to access Equipment other than that which you have rented. You may not modify or alter this Site in any way, nor attempt to do so.

You may not use the Site for any purpose that is unlawful, fraudulent, or prohibited by these Terms of Use.

You are solely responsible for any charges for Internet access you incur while using the Site.

Security

You are responsible for maintaining the confidentiality of your username and password. If you give your username and password to another person, or through negligence allow another person to use your username and password, you are fully responsible for their actions.

Privacy

Bamboom respects your privacy. Please read our Privacy Policy, which is hereby made a part of these Terms of Use.

Third Party Applications and Websites

Third party applications, software, and websites may be accessible through this Site. Your use of these third party resources is subject to the terms and conditions of use established by such third parties. Some third parties may impose fees for access to their resources through the Site. You are responsible for such fees.

All references to third party products, services, companies, television stations, networks, programs, and Web sites on this Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that Bamboom is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners. Bamboom disclaims any and all rights in these marks.

Bamboom makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Bamboom Site. Bamboom has no control over the contents of the Web sites of third parties. A link out to a non-Bamboom Web site does not mean that Bamboom endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site.

Termination

If you violate any of these Terms of Use, your permission to use this Site and your rental of any and all Equipment will automatically terminate, and Bamboom may suspend or terminate your account.

Indemnity

You agree to defend, indemnify and hold harmless Bamboom, its subsidiaries and affiliates, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, or your breach or alleged breach of these Terms.

Disclaimer of Warranties

This Site, its contents, and the Equipment are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, expressed, implied or statutory. Bamboom specifically disclaims any implied warranties of merchantability or fitness for a particular purpose.

You understand and agree that your use of the Site and the Equipment is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of or inability to use this Site and/or the Equipment.

The Equipment receives broadcast television signals from the public airwaves. Reception of signals using the Equipment, including any particular program or the signal of any particular station, may be degraded or interrupted by interference caused by weather, atmospheric phenomena, other radio frequency equipment, disruptions of or changes to a television station’s transmission equipment. In addition, your access to the Equipment may be degraded or interrupted by network connectivity problems, power outages, or software or hardware incompatibilities. The Site and the Equipment may be subject to interruption or downtime.

Bamboom may, in its sole discretion, add or remove features from the Site. Your sole remedy for any harm caused by such modification shall be a prorated refund of any fees paid for your remaining rental term.

Bamboom makes no warranties that this Site, any material obtained herein, or your use of the Equipment will meet your requirements, or that your use of this Site or the Equipment will be uninterrupted, timely, secure, or error-free. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.

Miscellaneous

If any provision of these Terms of Use are deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement between you and Bamboom regarding this Site and supersede all prior agreements and understandings with respect to the subject matter of these Terms of Use.

These Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use shall be brought exclusively in the courts of the State of New York or the U.S. District Courts for New York. You and Bamboom agree to submit to the personal jurisdiction of the courts located within the State of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Any failure by us to enforce any of our rights under these Terms of Use at any time shall not constitute a waiver of such right.