Last updated April, 2020
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “Join with Email”, “Join with Apple” or “Join with Google” BUTTONS, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY Bam Bam AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
- Eligibility. By registering on Bam Bam, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on Bam Bam is void where prohibited. By using Bam Bam, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You must keep your password and all account details secret and confidential as you are responsible for use of the Services from your account and any other activities taking place on your account.
- Term. This Agreement will remain in full force and effect while You use Bam Bam and/or are a Member of Bam Bam. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Bam Bam customer support staff.
Bam Bam may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to Bam Bam. Upon termination by Bam Bam without cause, You shall receive a refund, pro rata, of any paid fees that Bam Bam has received from You. If Your membership with Bam Bam is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Bam Bam be liable to You, for any refund of unused fees for using Bam Bam or its additional Services. Unused coins expire 365 days after their purchase date. Used coins are non-refundable, except as provided in this Agreement or applicable policy. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
- Non-Commercial Use by Members. Bam Bam is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Bam Bam. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights. Bam Bam owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Bam Bam and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted at Bam Bam:
- You understand and agree that Bam Bam may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of Bam Bam violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
- You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Website/ Application, or transmit to other Members.
- By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to Bam Bam an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of Content that is illegal or prohibited on the Website/ Application. Bam Bam reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;
- promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Bam Bam prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Disclaimers. Bam Bam PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. Bam Bam SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Bam Bam DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Bam Bam DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, Bam Bam cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Bam Bam is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. Bam Bam DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Bam Bam is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. Bam Bam is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. Bam Bam assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Bam Bam is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Bam Bam be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members, or any interactions between users of the Website/ Application, whether online or offline.
- Suppliers. To provide the Service, Bam Bam may purchase services from various third parties (collectively, “Suppliers”). The Suppliers are independent contractors and are not agents, or employees of Bam Bam. Bam Bam is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, Bam Bam is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
- Suppliers provide full, accurate and legitimate information required for the registration of the Members at Bam Bam prior to their registration according to the terms of Agreement.
- Suppliers provide full, correct and quality translation of all correspondence of their Members.
- Suppliers provide additional services in accordance to the terms of their agreement with Bam Bam.
- Any additional services requested by Bam Bam Members, which fall into the Suppliers scope of activity, but not defined by Bam Bam terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
Bam Bam is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided “as is” and Bam Bam expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bam Bam cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.
- Members. Bam Bam does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with Bam Bam at any time. Deactivation of profiles of Members of Bam Bam is governed by the following:
a. In the event a Member is no longer interested in the Services, Bam Bam customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding (the “Correspondent”) and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, Bam Bam customarily issues no more than 1000 coins back to the Correspondent for such a Correspondents last letter to the deactivated Member.
- In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.
- In the event, a Member had been reported for inappropriate activities, Bam Bammay, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed Bam Bam of such Member's inappropriate activity by providing incontrovertible evidence of same.
- In the event, a Member is found on an anti-scam site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Website/ Application provided that Bam Bam, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. Bam Bam may issue a partial refund to the Correspondent who provided such information.
Members may have only one account (membership) with the Service. Multiple accounts will be blocked.
- Purchase of Membership/Additional Purchases. Upon registering with the Website/ Application, You shall have access to the following Services:
- Browsing of Members profiles;
- Inclusion of Your profile in Bam Bam's database and searchability by other Members;
- First 5 seconds of random video call are provided free of charge;
- Ability to make changes to Your profile;
- Ability to purchase Membership and coins.
By subscribing to our paid-monthly Membership, you will receive the following benefits:
a. First 15 seconds of random video call are provided free of charge
b. Ability to filter members by gender
c. The package of 300 coins upon initial subscribing to Membership and upon each renewal of Membership
All services not included in the Membership fee, including but no limiting to, random video calls starting from the 16th second of the random video call, personal video calls, sending messages through personal chat, sending virtual gifts are provided at additional charge. We offer several coins packages with the special prices per coin. These coins can be used for any of our additional services not included in the Membership.
Membership is available for the monthly period and is renewable until You cancel it. After Your initial purchase of Membership, and again after any subsequent Membership period, Your Membership will automatically renew for an additional monthly period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at email@example.com. If You cancel Your Membership, You may use your Membership until the end of Your then-current Membership term and Your Membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.
Prior to purchase of Membership we will inform You of the membership fee plus any applicable taxes. We have the right to change the Membership fee from time to time at our sole discretion by informing you at least 10 days prior to the end of your current term that the Membership, provided that any change will not affect your then-current Membership.
Price of services not included in Membership:
- Random Video Call costs 120 coins per minute, billable starting from the 16th second of Video Call;
- Personal Video Call costs 120 coins per minute;
- Message through Personal Chat costs 60 coins per message;
- Sending virtual gifts to Members costs from 10 to 999 coins each.
15. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Bam Bam be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if Bam Bam knows or has been advised of the possibility of such damages. Bam Bam is not responsible for any expenses that you may have related to communicating with Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, Bam Bam's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Bam Bam for the Service during the term of membership.
- U. S. Export Controls. Software from the Website/ Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Website/ Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BAM BAM. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by an neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).
Any dispute or claim relating in any way to your visit to or use of the Website or to products or services sold or distributed by Bam Bam or through Bam Bam shall be resolved in the following manner.
- Informal Process First. You agree to first contact Bam Bam Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
- Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
- Arbitration Tribunal. The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules (“CPLR”) § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
- Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
- Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
- Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, Bam Bam will pay them for You.
- Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
- Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against the Company.
- CLASS ACTION AND JURY TRIAL WAIVER. YOU AND Bam Bam AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Bam Bam ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
18. Indemnity. You agree to indemnify and hold Bam Bam, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to Bam Bam or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and Bam Bam regarding the use of the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.