2. Licenses to Use Material on Bamboo Website and Online applications
- Bamboo grants to you a personal, nonexclusive, non-transferable, royalty free license to use all the material in the Bamboo website and applications (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (“Bamboo Material”) on the basis set out in in this provision.
- Remove any notices relating to the ownership of copyright or other intellectual property rights in the Bamboo Material;
- Modify, translate, reverse engineer, reproduce, decompile, and disassemble (except as expressly permitted by law) or create derivative works of any of the Bamboo Material;
- Rent, lease, license, loan, copy or give or transfer any rights in the Bamboo Material in any form, to any person or entity without the prior written consent of Bamboo.
- Any product, process or technology referred to in the Bamboo Material may be subject to other intellectual property rights of Bamboo and are not made available hereunder.
3.Ownership of Intellectual Property Rights
- Notwithstanding the limited rights granted to you in this agreement, Bamboo retains all ownership, title and interest in the intellectual property rights contained in the Bamboo Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether register-able or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether register-able or not in any jurisdiction in the world.
- Bamboo Insurance and the Bamboo Insurance logo are trademarks or registered trademarks of Bamboo Insurance. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.
- You breach any of the terms of the license granted to you in accordance with in this agreement;
- The license granted to you in accordance with this agreement shall be terminated forthwith and you shall have no further rights to use the Bamboo Material;
- You must delete or destroy any of the XL Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
- You will have no further rights to access or use the XL Applications or the services or facilities available via the XL Applications (“XL Application Services”).
5. Bamboo’s Responsibilities
- Bamboo undertakes to use commercially reasonable endeavors to prevent breaches of security of the Bamboo website and online applications.
- Bamboo makes no representation or warranty that the Bamboo website and online applications will be accessible, or useable by you or error free. Bamboo uses reasonable efforts to include accurate and-to-date information on the Bamboo website and online applications. The information, documents or other items provided or available on the Bamboo website and online could include technical inaccuracies or typographical errors. Bamboo makes no warranties or representations as to its accuracy. Bamboo assumes no liability or responsibility for any errors or omissions in the content on the Bamboo website and online applications.
- Bamboo reserves the right, without notice to you, to remove any Bamboo material from the Bamboo website and online applications or to suspend or alter the operation of the Bamboo website and online applications, at its sole discretion or for legal or technical reasons. Bamboo may make improvements and/or changes to the information or documents provided or available on the Bamboo website and online applications at any time.
6. Your Responsibilities
- You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Bamboo website or online applications. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorized person to access the Bamboo website and online applications using your user name or password.
- You agree that you will not use the Bamboo website and online applications as follows:
- To send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
- To send or distribute multiple unsolicited e-mails or messages (“Spam”) or to cause any other person annoyance, inconvenience or worry;
- For any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
- Information about Bamboo which is posted on the Bamboo website and online applications has been extracted from publicly available data about Bamboo. The information contains a true and accurate picture of Bamboo’s activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on the Bamboo website and online applications and to update it regularly, Bamboo disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.
- The Bamboo website and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
- Bamboo has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on the Bamboo website and online applications, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. Bamboo hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
- Your use and browsing of the Bamboo website is at your risk. Neither Bamboo nor any other party involved in creating, producing, or delivering the Bamboo website or online applications is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Bamboo website and online applications.
- While Bamboo has used all reasonable efforts in maintaining the website and online applications virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.
- The Bamboo website and online applications may contain links to third party web sites which are controlled and operated by parties other than Bamboo. The links will let you leave the Bamboo website and applications and Bamboo is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Bamboo website and online applications does not imply endorsement by Bamboo of the linked site. If you decide to access linked third party web sites, you do so entirely at your own risk. Bamboo is providing these links only as a convenience, and the inclusion of any links does not imply endorsement by Bamboo of the site.
- Bamboo may send you notice by general notice on the Bamboo website and online applications, by e-mail to your e-mail address on record with Bamboo, or by post to the geographical address on record with Bamboo. Such notice will be effective if sent mail or posted on the Bamboo website or online application, 1 day from the date it was sent or posted on the Bamboo website or online application. If sent by regular post, it will be effective 3 days after posting by Bamboo.
- Your use of the Internet is solely at your risk and subject to all applicable laws, and Bamboo has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. Bamboo does not assume any liability for timely, trouble-free and uninterrupted access to the Internet.