Last Updated: June 25, 2022

Your use of www.bongaprofiles.com (the "Website"), including all access, services and/or features, is governed by these Terms of Use and the Privacy Policy (collectively, "Terms"), and you should review both carefully. By using the Website in any way, you are agreeing to comply with these Terms. This Agreement is a legal contract between each end user (“You” and “Your”) of this Website and the owner of this Website (“Us,” “We,” or “Our”) who is the provider of the services described and governed by this Agreement. You should read it carefully and understand it thoroughly before visiting this Website. No one is permitted to use this Website or any of the information or services described and governed by this Agreement without first entering into this formal and binding legal contract with Us.

By clicking the “I Accept” button or by otherwise visiting, browsing, viewing, or using the Website or any of the information or functionality provided by or through the Website, you manifest your consent to be bound by the terms of this agreement and by any amendments to this agreement which may be made pursuant to the provisions specified below.

1 Use of the Website

Your use of the Website and of any and all of the information and functionality provided by or through the Website shall be strictly governed by the provisions contained in this Agreement.

1.1 User Warranties

Your use of the Website and of any information or functionality provided through by or through the Website shall be conditioned on the following warranties made by You to Us. The complete truth of each of the following warranties is critical to this Agreement, and the breach or failure of any shall be cause for the immediate termination of this Agreement between You and Us and for the immediate revocation of all limited licenses and permissions for You to use this Website and any of the information or functionality provided by or through the Website. Moreover, any such breach or failure may subject You to liability to Us.

1.1.1 Age and Competence

You represent and warrant to Us that you are at least eighteen years of age and that you have attained any higher age of majority specified or required either 1) in the jurisdiction where you live and 2) in the jurisdiction where you access the Website. You further represent and warrant to Us that You are competent to enter into binding legal contracts such as this Agreement and that You are under no general or particular obligation or disability which prevents Your full and complete performance under this Agreement, including without limitation providing the warranties recited in all of the subsections under Section 1.1.

1.1.2 Lawful and Legitimate Purpose and Actions

You represent and warrant to Us that all of Your purposes in accessing and using the Website and any information or functionality available by or through the Website are entirely lawful and that none of Your purposes involves the defamation, degradation, harassment, or exploitation of any person and that none is otherwise malicious or tortious. You further represent and warrant to Us that you will not knowingly, recklessly, or negligently use the Website or any information or functionality available by or through the Website to violate any applicable law, to commit any tort, or to wrong any person, including without limitation 1) Us, Our heirs, assigns, officers, directors, managers, employees, agents, representatives, or shareholders, 2) other users of the Website, and 3) other persons whom You have or may encounter on the Internet or otherwise in the course of Your life.

1.1.3 Personal Use

You represent and warrant to Us that all of Your purposes in accessing and using the Website and any information or functionality available by or through the Website are entirely personal to You, that such access and use is exclusively for the purposes of self-education and personal recreation and for no other purpose or purposes in whole or in part, and that Your purposes in access and use do not relate to any official, public or private operation, investigation, business or profession conducted by or through You or by any other person or persons, whether unknown or known to You. You further represent and warrant to Us that You will permit no one else to use the Website or the information and functionality available by or through the Website in Your name or by impersonating You and that You will not allow or permit any minors to access the Website or information or functionality available by or through the Website, whether you do so intentionally, negligently, or otherwise in the absence of intent or negligence.

1.1.4 Unimpeded Operation of Website and Internet

You represent and warrant to Us that none of Your purposes in accessing and using the Website and any information or functionality available by or through the Website including (in whole or in part) any interference with or attempts to interfere with, burden or impede the ordinary functionality of the Website, of any part of the Internet, or of any digital computer or similar device, whether or not connected to or accessible through any part of the Internet. You further represent and warrant to Us that You will not use the Website or any information or functionality available by or through the Website in connection with the dissemination or activation of any sort of malware, the initiation or perpetuation of any sort of advertising, spam, or electronic transmission designed to attack or disable the Website or any other website or Internet operation or otherwise in any manner to initiate or facilitate any illegal act, remotely or otherwise.

1.2 User Limited License

Subject to the warranties specified in this Agreement, We hereby grant to You a limited, revocable, and non-transferable license to personally visit, browse, view, and use the Website without automation and to use the information and functionality provided by or through the Website without automation for the limited purposes specified in this Agreement, free of charge. The purpose and scope of this limited, revocable, and non-transferable license are further described and limited by Section 1.2.1; and said license does not entitle You to access or use the Website or any information or functionality available by or through the Website contrary to the provisions of Section 1.2.1 or of any of the subsections thereunder or contrary to any other provisions of this Agreement.

1.2.1 Restrictions on Website Use

The following use restrictions shall strictly apply to limit the revocable license which We grant to You in this Agreement. You may not use the Website or any of the information or functionality provided by or through the Website in violation of any of the following use restrictions or of any other provision of this Agreement.

1.2.1.1 Illegality and Tortious Conduct

You may not use the Website or any information or functionality available by or through the Website for any criminal or tortious purpose or to affect any such purpose. Nor may You—on the Website or through any of its functionality—request, solicit, enable, encourage, facilitate or promote any crime or tort for you or for others with whom you are involved.

1.2.1.2 Fraud and Mischaracterization

You may not use the Website or any information or functionality available by or through the Website to defraud Us or anyone else in any manner or to convey or advance any false or misleading information or claim; nor may You—on the Website or through any of its functionality— misrepresent yourself or impersonate any other person.

1.2.1.3 Harassment and Related Misconduct

You may not use the Website or any information or functionality available by or through the Website to harass or unreasonably annoy any other person or entity; nor may You—on the Website or through any of its functionality—defame any other person or entity or cast him, her, or it in any false light, invade the privacy of any person, publish the sensitive personal secrets of any person the publication of which would naturally tend to diminish the character or reputation of any person or injure his or her important relationships, or subject anyone to unreasonable ridicule or to any other abuse. You may not use the Website or any information or functionality available by or through the Website to convey any racist, sexist, or invidiously discriminatory attack or message, whether directed to one or more persons individually or to a more general audience.

1.2.1.4 Intellectual Property

You may not use the Website or any information or functionality available by or through the Website to violate or infringe the copyright, trademark, service mark, or other similar mark, trade secret, right of publicity or privacy, or other intellectual property or similar right of Us or of any other person

1.2.1.5 Sexually Explicit Content

You may not use the Website or any information or functionality available by or through the Website to generate, upload, post, display, or transmit in any manner any written, graphic, or other expression which is legally obscene; nor may You use the Site or any of its functionality to generate, upload, post, display, or transmit in any manner any form of child pornography. You may not use the Website or any information or functionality available by or through the Website to generate, upload, post, display, or transmit in any manner any image or images of one or more actual persons engaged in actual or simulated bestiality, sadistic or masochistic abuse, or lascivious exhibition of any person’s genitals or pubic area.

1.2.1.6 Interference with Operations

You may not use the Website or any information or functionality available by or through the Website in any manner which interferes with the use by any other person or persons of any part of the Website; nor may You alter or delete any information or content posted on or transmitted to the Website or through any of its functionality by any person other than Yourself. You may not access the Website or any of its functionality in any unauthorized manner, including without limitation by spidering or other automated access, by accessing areas of the Website or by using any of its functionality to which you are not entitled under this Agreement, by reverse engineering the Website or any of its functionality, or by interfering with any of the hardware or software which we use to operate the Website and its functionality. You may not use the Website or any information or functionality available by or through the Website to originate, disseminate, activate, or in any manner propagate any digital virus, Trojan horse, cookie, or other malware, to initiate or perpetuate any sort of advertising, spam, or electronic transmission designed to attack or disable the Website or any other website or Internet operation, or to interfere or attempt to interfere with the ordinary and commonly-expected functioning of any part of the Internet or of any digital computer or similar device, whether or not connected to or accessible through any part of the Internet.

1.2.1.7 Similar Misconduct

You must—when visiting or using the Website or any information or functionality available by or through the Website—refrain from all misconduct similar to the foregoing and from any other unreasonable use of the Website or any information or functionality available by or through the Website.

2 Operator Rights and Authority

Our rights and authority in connection with Our operation and governance of the Website are specified in this Article 2, and we have and retain the other rights specified elsewhere in this Agreement.

2.1 Website Operation

We may exercise Our sound discretion and apply Our business and other judgment in the design, marketing, operation, and maintenance of the Website and any information or functionality available by or through the Website. We may alter, amend, or discontinue any portion of the Website or its functionality in our sole discretion. We may, in our sole discretion, add or delete Website functionality or expand or contract the range of services which we offer to You or to others.

2.1.1 Enforcement of Rules

In the course of operating the Website, we will, in Our sole discretion, formulate and publish policies and make and enforce rules concerning the proper use of the Website and of any information or functionality available by or through the Website. We hereby expressly reserve the authority to implement Our policies and enforce Our rules by any reasonable means, including revoking Your limited license, terminating this Agreement between You and Us, and prohibiting You from any further use of the Website or the information or functionality available through the Website.

2.1.2 Alteration of Rules

In order to reflect changes in the applicable law or for any other purpose, we may alter the rules, terms, and conditions under which the Website may be used by You and others—altering the permissible use policies and, where necessary, amending this Agreement under Section 3.4.2.

2.2 Operator Property

We retain all aspects of the Website as our intellectual property. The limited, revocable, and non-transferable license granted to You by this Agreement transfers no ownership or other property interest to You or to anyone claiming through You to any portion of the Website or to any of the digital equipment on or through which the Website operates.

2.3 Liability

The provisions of this Agreement, particularly the terms of this Section 2.4 and all subsections hereunder, allocate certain risks between You and Us and limit Our liability to You.

2.3.1 Right to Alter/Discontinue Website and Rules

We shall not be liable to You or to anyone claiming through You on account of Our exercise of Our discretion as specified in Section 2.1 and in each of the subsections thereunder concerning changes in Website operations or policies or concerning alteration or discontinuance of all or any portions of the Website.

2.3.2 Assumption of Certain Risks

We do not guarantee or warrant to You the accuracy or completeness of any information or content contained on or available by or through the Website. You agree that You rely on any information and functionality available by or through the Website only at Your own risk, and You understand and agree that errors may remain undetected or uncorrected at any time whatsoever. We do not guarantee or warrant to You the compatibility of the Website or any of its functionality with Your computer or other digital hardware, with Your software, or with the protocols properly executed by Your hardware or software.

2.3.3 General Disclaimer of Warranties and Assumption of Risk

In order to provide you with free browsing of the Website, we are unable to make any warranties or representations concerning any benefits or opportunities you may enjoy from using the Website. We hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for any particular purpose, title, and noninfringement. We make the Website available to you “as is,” without any warranties whatsoever concerning the nature or accuracy of any content or material on the Website (either when originally posted or over the passage of time) and without any other representations or guarantees at all. Furthermore, we make no representations, warranties, or guarantees that the Website will be accessible, secure, or error-free continuously and without interruption. in the event of any conflict between this section 2.4.3 and any other claims, representations, warranties, or guarantees which you may have heard from us or from others concerning the website and the information and functionality provided by or through the Website, the terms of this section 2.4.3 shall control, and you agree to discount and ignore any such other matters.

2.3.4 General Limitations of Liability

In order to provide you with free browsing of the website, we must limit our liability for any conduct, acts, or omissions occurring on or in connection with the Website or any information or functionality provided by or through the Website. In no event will we be liable to you for any consequential, incidental, or special damages, including any lost profits, even if you have notified us about such damages or the possibility thereof, nor shall we be liable for any claims by third parties. the laws of some jurisdictions may prohibit a purported disclaimer of consequential damages and so you should consult the laws of a pertinent jurisdiction to ascertain the validity of such a disclaimer as is set forth in this Agreement.

2.3.5 Force Majeure, Service Interruption, and Equipment Damage

We shall not be liable to You for the failure, as a result of force majeure or otherwise beyond our reasonable control, of any component of the Internet or of the Website or any of its functionality, for delays or interruptions of Website operations, or for the theft or inadvertent loss of computer files, including without limitation information about You and other users of the Website. Nor shall We be liable to You or to anyone else for any damage to any of your computers, other digital or communications devices, or related equipment, or those of others, resulting from Your use of the Website or any information or functionality available through the Website.

3 General Terms

The general operation, interpretation, enforcement, and duration of this Agreement are governed by the terms of this Article 3, subject only to the more specific provisions of the preceding Articles.

3.1 Parties

As a user of the Website, the provisions of this Section 3.1 and all of the subsections hereunder specify and govern Your relationship with and obligations to Us.

3.1.1 Relationships

This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship between You, or anyone claiming under You, and Us, or any of Our heirs, assigns, officers, directors, managers, employees, agents, representatives, or shareholders. Other than Our heirs, assigns, officers, director, managers, employees, agents, representatives, and shareholders, there are no third-party beneficiaries to this Agreement. You acknowledge and stipulate that We are not the agents, servants, or partners of any advertiser whose advertisements are published or linked on the Website.

3.1.2 Assignment

You may not assign your rights under this Agreement to any other person without Our prior, written consent. Absent extraordinary circumstances, we will refuse such consent in favor of termination of this Agreement between You and Us and commencement of new Agreement between Your proposed assignee and Us. We may assign our rights and obligations under this Agreement as necessary to accomplish any sale, bulk transfer, merger, or acquisition or any other lawful change in our business structure.

3.1.3 Notice

We will serve You with any general information necessary under this Agreement by conspicuously posting information on the Website. You will use the “Contact Webmaster” link on the Website to serve Us with any notice necessary under this Agreement. You and We consent to receive notices under this Agreement by email or other electronic communication; and You promise Us that You will monitor and read the email which is delivered to the inbox and spam box associated with each email address which you have provided us, no less frequently than once each day.

3.2 Interpretation

The meaning of this Agreement and the application of its terms shall be governed by the provisions of this Section 3.2 and all of the subsections hereunder, as well as the other applicable provisions of this Agreement

3.2.1 Severability

If any provision of this Agreement is finally held by a tribunal of competent jurisdiction to be invalid or unenforceable for any reason, including without limitation a change in the applicable law, then the invalid or unenforceable provision shall be applied as reasonably modified, insofar as such application is possible. Whether or not any particular invalid or unenforceable provision may be reasonably modified and applied, the remainder of this Agreement shall remain in full force and effect, and the allocations of risks specified in this Agreement shall be given the fullest possible effect.

3.3 Enforcement

The Terms of this Section 3.3, and of all of the subsections hereunder, govern the application of this Agreement between You and Us and the processing and resolution of disputes involving Your use of the Website.

3.3.1 Litigation Between You and Us

The resolution of any dispute concerning the interpretation, application, or enforcement of this Agreement shall be governed by the provision of this Section 3.3.1 and all subsections hereof.

3.3.1.1 Enforcement and Remedies

No failure by You or by Us to exercise any right or option under this Agreement or to enforce any provision of this Agreement shall nullify any provision of this Agreement or operate as a waiver of any of the failing Party’s rights to exercise options or to enforce any provision with respect to similar or subsequent situations, disputes, or breaches. In any proceeding arising under this Agreement, the tribunal shall defer, where appropriate, to Our reasonable business judgment. In any proceeding we may bring against you for equitable relief related to the violation of our intellectual property rights, and in view of the potentially rapid and corrosive harm that may be caused should you violate our intellectual property rights, any temporary, preliminary, or permanent injunctive relief granted to us that has the protection of our intellectual property rights shall be entered without any requirement that a bond be posted. In any proceeding arising under this Agreement, the court shall, in addition to any other proper award, decision, and order, award to any and all persons who have substantially prevailed on the merits their reasonable costs and legal expenses, including their reasonable attorneys’ fees.

3.3.1.2 Class Action Waiver

You hereby irrevocably waive, to the fullest extent permitted by applicable law, any right You might otherwise have to join any of Your claims with those of others in the form of a class action or any other similar procedure. You, and those claiming though You, agree to assert any claim which You or they may have against Us, or or any of Our heirs, assigns, officers, director, managers, employees, agents, representatives, and shareholders individually and not as a member of a class or group.

3.3.2 Litigation by or Against Others

The terms of Section 3.3.1 and of each subsection thereunder also govern litigation involving Us or Our heirs, assigns, officers, directors, managers, employees, agents, representatives, or shareholders where You are not Our adversary but involve those claiming under You or for whom You are responsible. The additional terms of this Section 3.3.2 and of each subsection hereunder govern Your obligations to Us with respect to disputes, investigations, litigation, litigation, and other proceedings where You are not Our adversary.

3.3.2.1 Hold Harmless Agreement

You hereby agree that You will hold and save Us, Our heirs, assigns, officers, directors, managers, employees, agents, representatives, and shareholders harmless from any claim or liability or from any reasonable settlement of any liability claim arising on account of Your use of the Website or of any information or functionality provided by or through the Website and that You will indemnify Us and each of the foregoing against any such judgment or settlement. You further agree that, in connection with Our or the others’ defense against any such claim, you will pay the reasonable attorneys’ fees generated by counsel of Our choosing., but that We will exercise complete control, in our sole discretion, over the course of the litigation and over any litigation-related decisions including without limitation those concerning settlement or continued litigation.

3.3.2.2 Cooperation

Upon Our request—and without any compensation to you, beyond reimbursement for your reasonable out-of-pocket expenses as previously disclosed to us and approved by us, which shall not include attorney’s fees incurred by You,—You shall cooperate with Us by 1) providing a truthful written response to any inquiry we may make to you in connection with your use or and knowledge about the operation of the Website, and/or the provision of any information, services, or functionality by or through the Website or in connection with any conduct or communications involving you which derive in whole or in part in any fashion from Your acquisition of information from the Website ; 2) Your execution of any truthful written documents required by any court or tribunal or reasonably required by Us in order to affect Your cooperation with Us, to investigate into facts and circumstances, to defend Ourselves against allegations of misconduct, to enforce this Agreement, or for any other lawful purpose; 3) Your production of any documents or other things as required by a tribunal or as reasonably required by Us; and/or 4) Your participation in any legal proceeding or portion of a legal proceeding arising under this Agreement, from the operation of the Website, or from the provision of any of Our goods and/or services, giving truthful testimony and providing documents or other tangible things, and/or providing other truthful answers as required or as may be useful or convenient to Our defense in trials, hearings, depositions, or interrogatories. For the purposes of this Section 3.3.2.2, the term “legal proceeding” includes without limitation any matter enumerated in the final sentence of subsection 3.3.2 as well as any otherwise permissible arbitration proceeding.

3.4 Integration, Amendment, and Duration

The scope and coverage of this Agreement between You and Us, and the circumstances by which it may be amended or terminated altogether are specified by this Section 3.4 and all of the Subsections hereunder.

3.4.1 Entire Agreement

This written Agreement constitutes and memorializes the entire understanding and all of the promises, warranties, and agreements between You and Us. Any and all prior or contemporaneous proposals, understandings, expectations, agreements, promises, patterns of dealings, and warranties are hereby merged into this writing, and none survives or is enforceable except as contained in this Agreement.

3.4.2 Amendment

We may, from time to time amend this Agreement by altering the authoritative document reflecting this Agreement appearing on the Website, which document will always prominently reflect the date on which it was most recently modified. All amendments to this Agreement take effect immediately upon posting on the Website; and by Your continued use of the Website or of any information or functionality available by or through the Website, you consent to be bound by this Agreement as amended. You expressly agree that you will review the authoritative document reflecting this Agreement and check for changes each time you use the Website or any of the information or functionality available by or through the Website. Through the use of a cookie which We store on Your computer, You will be prompted to manifest Your assent to any amendment to this Agreement which we have made since you last visited the Website; and You agree that You will not alter that cookie or interfere with its functionality. If you do not consent to be bound by this Agreement as amended under this Section, then Your limited license granted herein shall then ipso facto thereby be revoked by such determination on Your part, and You must cease all further use of the Website and of the information and functionality available by or through the Website. You hereby agree to waive any claim for a refund or for damages resulting from any amendment of this Agreement under this subsection.

3.4.3 Duration

This Agreement between You and Us, as it may be amended from time to time pursuant to Section 3.4.2, shall persist so long as you continue to use the Website or any information or functionality provided by or through the Website.

3.4.4 Termination

You may terminate this Agreement between You and Us at any time when You decide to discontinue all further use of the Website and of any information or functionality provided by or through the Website. We may terminate this Agreement if we decide, in our sole discretion, to discontinue operating the Website in its present format. We may also terminate this Agreement between You and Us for no cause whatsoever, freely and arbitrarily in our absolute discretion, or for cause, on account of Your violation of any provision of this Agreement, including without limitation the use restrictions specified in Section 1.2.1 and each Subsection thereunder and for repeat copyright infringement under Section 1.2.1.4. In case of any such termination, the terms of this Agreement concerning a) the warranties You have made to Us, b) the disclaimers of Warranties and the limitation of liability contained in this Agreement, c) your cooperation with Us, and d) the enforcement of this Agreement shall survive the termination and remain binding upon You and Us. You similarly may terminate this Agreement freely and arbitrarily for no cause or for cause, provided however that Your obligations to Us under Section 3.3.2.2 shall continue.