By giving your assent (for example "Proceed," "Sign in," or "Login,") in order to utilize our site ("Website" or "Site"), you consent to the BonJourno.com Terms of Service (“Guidelines” or "Terms"), including the required arbitration arrangement and class action waiver in the Dispute Resolution and Arbitration section. The Terms of Service apply to your registration and utilization of the web applications (“Site”), portable applications (“App”) and digital technologies (collectively, the "Services") provided by Fanbase Network UAB ("BonJourno" or "Us" or "We" or the "Company").  

Kindly peruse our Privacy Policy to better understand how we gather, use, and share data about you. The Company's policies describe the ways we protect your data and define your obligations when utilizing our Service. By utilizing our Service, you consent to the limitations presented in the Guidelines. In the event that you have any inquiries regarding the Terms, Services, or Site in general, feel free to get in touch with us at admin@BonJourno.com.

REGISTRATION AGREEMENT

It is necessary to register an account in order to enjoy our Service. To avoid hacking, protect your account password and keep your data current. To assist us in keeping your records secure, we suggest that you do not share data or passwords with anyone at any time. 

The minimum age requirement for access to our Service is 13 years. If you are utilizing this Site or Service on behalf of another person or entity, acceptance of these Terms indicates that you have been permitted to act in that regard; the words "you" or "your" in these Terms apply to that third party in the same manner as the words “you” and “your” apply to you. 

You may not duplicate, transfer, download, or share content from our Service except if you do so in the manner designated in our Terms, via the designated links to third parties linked on BonJourno.com, or as per our guidelines. You are liable for your utilization of the Service and any material or content you provide. You are responsible to comply with relevant laws in your local jurisdiction as well as these Terms. The content that appears on this Service may be secured by intellectual property rights of third party publishers in addition to Us.  

INDEMNIFICATION

To the fullest extent provided by law, you shall indemnify, safeguard and protect BonJourno, and its officials, agents, privies, directors and workers (independently and collectively, the "BonJourno Parties") from and against any form of liability or loss, demands or costs ("Claims") emerging or in conjunction with your infringement or violation of the rights of others, inclusive of intellectual property rights, privacy rights and any other infringement of the law. You consent to immediately inform BonJourno Parties of the Claims of third parties, to aid BonJourno Parties in fighting such Claims, and to pay all charges, expenses and costs related to defending such Claims including solicitors fees. You indemnify BonJourno against all claims made against you or the content you post. BonJourno makes no representations as to the accuracy, truthfulness or completeness of information you post to the Service. 

You also accept that BonJourno Parties will, at their sole discretion, have control of the defense or settlement in situations concerning third party Claims. 

USER CONTENT

To monitor and improve our Service, BonJourno may evaluate, edit or remove your content. Some "Broadcast to all users" news or information which is identified by you for dissemination, is read and edited by our editors. By using our Service, you consent to having your work read and edited. Generally, our editors will seek to remove bias, punctuation errors, sentence structure errors, language errors or public relations content that lacks objectivity or does not mention alternative viewpoints, so that professional quality writing appears on the Service. Articles posted in the Blog, Opinion, Tabloid, Humor, or Announcement categories are generally not reviewed or edited by BonJourno. In some cases, it may not be clear why BonJourno editors changed your title, language, text, or image but by using the Service you consent to Our editing in the same way a journalist consents to editing from an editor-in-chief. You explicitly allow BonJourno to use your work as a derivative work that utilizes part of your content with full acknowledgement.  

BonJourno operates partly like a news magazine and partly like a social media site, so there are some editorial choices made that may feel like censorship. If you do not wish to be censored or edited, please choose the “my subscribers” box before submitting an article, in which case BonJourno can delete your work from the Service but may not edit it. If your post is significant in such a way that you are concerned about governments, corporations, or individuals seeking to censor you, you may choose to submit your content to editors at "Decentralized Press". This option uploads your article anonymously. Even BonJourno does not know your identity. 

BonJourno reserves the right to remove, alter or flag any content that ignores, disobeys or disregards our Terms of Service. We will evaluate your content to ensure that it complies with Our Guidelines. BonJourno has the authority to take down content and delete your profile if you repeatedly infringe, or are repeatedly accused of infringing intellectual property rights. We will adequately respond to each reported case. Kindly report infringements at admin@BonJourno.com, or follow the steps discussed elsewhere in our policy. 

BonJourno values the principal of free speech, but caters to thoughtful, logical, and honest feedback, discussion and dialogue. Hate speech, ad hominem, bullying, dishonesty and flaming are not tolerated on the Service. BonJourno is an intentionally non-toxic medium and markets itself as such. This means BonJourno values some forms of censorship in our public areas, unlike in our groups sections, where you, as a group admin, can control the rules. We welcome diversity of opinion and thought, but we do not tolerate anti-social or toxic behavior. 

INTELLECTUAL PROPERTY RIGHTS

You own the rights to the written content you upload on our Service. If you do not own the rights, you may not upload the content. Any content is owned by you but can be used and edited by BonJourno in any manner that we see fit, to make it promotable as news or content to other users on the Service. Any images you attach must be properly credited. Plagiarizing is not tolerated and will be grounds for removal from the Service. Since BonJourno is a hybrid news site, users can post images under US “Fair Use” laws. Any copyright holders or creators of images who feel their image is being used unfairly (in a way that is not for educational, informational, or news purposes) can contact us at admin@bonjourno.com. By uploading or sharing content through our Service, you provide BonJourno a completely paid, non-exclusive, sub-licensable permission, free from royalties, to use, reproduce, revise, distribute, translate, publish, make derivative works from, openly perform and display. On our Service, your creative work is presented under any name, username or byline logged by you for your work; therefore you grant BonJourno the right to use that name in relation to that work. If you would like to post an article anonymously you may choose the “Decentralized Press” byline, in which case the article should not appear publicly on your own timeline. The license you grant to BonJourno is good for all media formats, in this universe and others yet undiscovered, and on all media, technologies, and distribution channels presently known or not yet known to man, in perpetuity.

BonJourno values your creative work. With respect to your intellectual property rights, the license you grant to us is required so that we can display your work on our Service. By uploading your work, you grant us permission to use and share your work. This permission is required in order to distribute your creative work over our Services. For example, when you post a story on the platform it is shared on our App and Website, and it is sent to the email of various readers. In some cases, it is presented as a blurb or summary on our homepage or in other places like our users' homepage. The license you grant to us to display your work applies only to our Services, and does not allow us to use your work outside of our Services, except when we are able to place your article or work on news aggregator sites, like Apple News and others. You may select the “DP” or “Decentralized Press” option for authorship as opposed to your own name or byline if you do not want your name to appear with your work. In compliance with these Terms, BonJourno provides you a non-exclusive, personal, non-assignable, copyright protected permit to access and utilize our Services. The protection of these Services extends to trademarks and other EU, US and international laws. 

These Terms do not in any way convey to you any rights or legal titles to the Service, to the content of other Users of the Service, to BonJourno's brand names, or to Our logos and ancillary trademarks. 

Aside from the content you post on our Service, we invite feedback, including any remarks, thoughts and proposals you may have about our Service to admin@BonJourno.com. We reserve the right to utilize your feedback in any manner we see fit, for any reason, with no commitment to you. Anything you write to us is treated as non-confidential. At any point in time, without recourse to any person, we may quit the provision of certain aspects of the Service, or in its entirety, quit providing the Service. We further reserve the right to set limits on use and storage capacity and may restrict or remove your ability to distribute content on the Service.

TERMINATION

At any time you feel it is necessary to do so, you may quit the Service.  Until then, we maintain the authority to suspend or terminate your access to and usage of the Service at any time, without notice. 

PERSONAL DATA

The goal is for BonJourno.com to offer you our Service in the best, most efficient, and easiest way possible. To do so, we must process, save and transfer your personal data, articles, podcasts, videos and digital data to the US, Europe, Asia, South America and many, if not all, jurisdictions across the globe, where local laws may differ from your own. You may not be protected in the same way, with the same rights, in all areas of the world. BonJourno is therefore not responsible, liable, or in control of violating, obscene, offending or illegal content outside of its own European Union jurisdiction, nor can BonJourno protect you from liability in all parts of the world. In most cases, BonJourno does not confirm the validity of content posted by you. Therefore, you are entirely responsible for the content that you post. 

You accept that anyone who utilizes Our Service for gathering data about BonJourno clients, must do so in accordance with the law. You further agree not to sell any Personal Data from our users 

If you provide BonJourno with personal data you acknowledge and warrant that you legally own that data or have come into possession of that data lawfully. You also acknowledge that BonJourno utilizes your Personal Information to provide efficient Service and to remain lawful. You promise that you will not put BonJourno in a position to abuse, misuse, or encroach on the rights (intellectual rights or privacy rights) of another person or entity and that your use of our Service will not cause us to be in violation of any other laws or policies.

DISCLAIMERS

We are highly committed to you enjoying our Service. However, use of our Service is solely at your own risk. Note that Service is “as is”. By using the Service, you acknowledge and accept that the Service and content shared by the various users of the Service are provided “as is” and “as available” without warranties of any sort, be it express or implied, including implied warranties of merchantability, fitness for purpose, title, and non-contravention. 

BonJourno does not in any way represent that the Service is current, accurate or devoid of error. No statements from BonJourno or on BonJourno Services will warrant, portray or represent any information to the contrary, unless that statement is explicitly made in these Terms. BonJourno may link to third party products, events or services, and allow those service to make their content, services and data accessible on our Service. Collectively, the third party content linked on the Service does not in any way signal Our endorsement. BonJourno is not in control of any third party content or services. Access to, and utilization of, third party content is done solely at your own risk.

LIMITATION OF LIABILITY

In circumstances where it opposes statutory regulation or relevant laws, we do not limit our liability; this is inclusive of culpability for gross negligence, misconduct or deliberate wrongdoing by BonJourno or BonJourno Parties in the course of offering the Service. In regions where liabilities are not permitted, we are answerable to you for losses and damages which are the consequences of our inability to engage you in a reasonable manner, where the breach of our agreement is with you and with you alone. 

In jurisdictions where limitations of liabilities are permitted, BonJourno and BonJourno Parties are not responsible for any incidental, exemplary, special, punitive or consequential damages, or any loss of use, information or profits, under any lawful arguments, regardless of whether BonJourno or BonJourno Parties have been privy to information concerning such damages. For the kinds of unrestricted liabilities indicated in this section, we limit the complete culpability of BonJourno and the other BonJourno Parties for any claim emerging out of or associated with these Terms, or our Service, irrespective of the type of action, to 40 EUR per suit, or the sum paid by you to utilize our Service, whichever is greater. 

DISPUTE RESOLUTION AND ARBITRATION

Prior to instituting a formal case against BonJourno, you consent to get in touch with us and endeavor to amicably resolve the issue by bringing a written notice of your claim via email at admin@BonJourno.com or by certified mail to:

Fanbase Network UAB.

C/O Consulting

Girulių g. 20.

Vilnius, Lithuania 12123 

Any notices should include your name, address, email address, phone number, the nature of the claim, and the particular relief you seek. We will communicate notices to you through the email address you provided us with your account. Where it is impossible to resolve a matter within a 30 day period, upon issuance of the notice, any party may institute a formal action. 

Carefully read this section because it includes dispute resolution procedures. Claims by means of arbitration with BonJourno limit the process of seeking relief, except in circumstances where you quit arbitration by adhering to the directions herein. Under this arbitration provision, no class action or representative actions are permitted as it prevents you from maintaining an action before a jury or any competent court of law.

(a) There shall be no class action suit as indicated above. You do acknowledge this fact and agree that any dispute stemming out of, or related to these Terms or our Services is personal to you and BonJourno and that any suit will be determined by means of individual action, and not be initiated by any other forms of representative action.

(b) With the exception of disagreements or disputes involving minor claims in which you or BonJourno require an individual action in courts of a lower division or small claims, situated in the area where you dwell or disputes in which you or BonJourno seek injunctive or equitable relief for the alleged infringement of licensed innovations or intellectual property, you and BonJourno waive your right to a trial by a jury and to have any other dispute emerging out of or identified with these Terms or our Services, including claims associated with protection of data and privacy, (collectively, “Disputes”), settled in court. 

Your Dispute will be settled by means of a confidential binding arbitration before a single arbitrator according to arbitration laws in Vilnius Court of Commercial Arbitration (VCCA), in Lithuania, or as otherwise ruled by that body. You agree with BonJourno that Disputes will be held in accordance with Lithuanian law. For purposes of this section a “consumer” means any person who utilizes the Service.

(c) You agree with BonJourno that the arbitrator is vested with the exclusive authority to settle all procedural and substantive decisions with respect to any dispute and to give any remedy that would be accessible in court, including the capacity to decide the question of whether arbitration is legal. The arbitrator may only lead an individual arbitration and may not consolidate more than one person's claim, arbitrate over any sort of class action or hold proceedings involving more than one person.  

(d) The arbitration will take into account the trade of non privileged information that applies to the Dispute. Furthermore, the confidentiality of any arbitration proceeding, awards or judgment and every ancillary data accumulated, arranged or introduced for purposes of the proceeding or Dispute shall be maintained by you, BonJourno, and the arbitrator. The arbitrator is vested with the authority to make rulings to ensure confidentiality, except in cases where the law requires public disclosure. However, the obligation of maintaining confidentiality doesn't apply in a way that makes disclosure contingent on or pertinent in conducting the arbitration hearing based on its merits, in relation to a court application for preliminary remedy, where an arbitral award is being challenged, or where disclosure is legally required or subject to legal precedents.

(e) You agree with BonJourno that with regards to any arbitral proceeding initiated by you, you will be responsible for documentation expenditure, mediation charges and all expenses for both parties. You further agree with BonJourno, that the courts in Vilnius Lithuania, of the European Union, possess exclusive jurisdiction over appeals as well as the enforcement of an arbitration award.

(f) Any Dispute not filed within a year from when the claim was sought, is permanently barred, and neither BonJourno nor you will have the right to furnish or further assert a claim.

(g) You reserve the right to opt-out from participating in a binding arbitration within 30 days of the date you originally acknowledged the conditions set out in the Terms by sending a notice via email to admin@bonjourno.com. For the notice to be effective, it must include your personal information (full name and correspondence address), and plainly show your purpose for withdrawing from the arbitration. By withdrawing from a binding arbitration, you are consenting to determine Disputes based on the laws of Vilnius, Lithuania, as described in these Terms.”

(h) Where it is discovered that any part of the provision in this section cannot be enforced or is considered unlawful under any circumstances, the unenforceable parts will be severed from these Terms. Severance of the unenforceable or unlawful section shall not in any way have an effect on the rest of this section or the capacity of parties to demand arbitration of any outstanding claims on an individual basis with regards to this section; and to the degree that any claim shall proceed on a class, representative or consolidated basis, such cases must be pursued in a civil court of competent jurisdiction and not before an arbitral panel, and the parties accept that initiating legal proceedings based on those claims shall be stayed pending the result of any individual claims from the arbitration. Where any part in the provisions of this section is seen to restrict or prohibit an individual claim, seeking an open injunctive help, that arrangement of sections, will have no impact to the degree such relief is permitted to be sought by means of arbitration, and the rest of this part of the section will be enforceable.

JURISDICTION

Apart from these Terms, any contest or dispute that arises between you and BonJourno will be regulated or managed by Lithuanian law aside from its conflict of law principles. Contests or disputes that arise between parties that are not subject to arbitration or those that can't be heard in lower courts of lower records will be settled in the courts of the European Union. Note that this provision does not vitiate laws of some regions that require agreement to be regulated by the laws of the consumer's country.

CHANGES TO TERMS

We occasionally make changes to these Terms, especially when we subject them to internal review. Whenever we make changes, we update the Terms in the Terms of Service section on the Site, or furnish you with the updated terms by sending them to an email address registered to your account. In this way, we will be providing product notifications and indicating the date of the update at the top of the Terms. Except as otherwise stated in our notice, the updated Terms take effect immediately, and your utilization of our Service, after we give such notification, indicates your acknowledgment and full acceptance of the changes. In the event that you don't consent to the updated Terms, you should quit utilizing our Services.

SEVERABILITY

In the event that any arrangement or part of an arrangement of any section of these Terms is seen or determined to be unenforceable, unlawful, or void, that arrangement or some portion of the arrangement is deemed severable from these Terms and does not in any way alter the legitimacy and enforceability of any residual provisions.

MISCELLANEOUS

The inability of BonJourno to enforce or implement any provision of these Terms does not constitute a waiver of such right. These Terms of Service apply to you, and the terms of service of connected third parties may apply to you. These Terms override all prior User agreements.  

The section titles in these Terms have no legal implication. The word “including” as used in these Terms means “including without limitation”. Except as otherwise provided in the Terms, the provisions are not in any way intended to confer any rights to third parties or upon any other legal or natural person. You further acknowledge and accept that exchange of correspondence and transactions may be carried out between Us and You electronically in fulfillment of our obligations to you.