Terms of Service Agreement
Welcome to Bamboozle Web Services’ Terms of Service! The first portion of our Terms of Service is an introduction, structured like an FAQ to lay out high-level concepts before diving into other terms.
What documents make up the TOS?
We refer to the Terms of Service as the “TOS.”
This page outlines the core of our TOS, but we also have other contractual documents that serve as additional terms for specific topics. These documents are incorporated by reference as if written here and form part of the overall TOS. You should review these additional documents, which can be found at the following links:
Whom does this TOS apply to?
When we refer to “Bamboozle” or use pronouns like “we,” “us,” or “our,” we are referring to Bamboozle Web Services, Inc, as well as its parents, affiliates, and subsidiaries.
When we refer to the “User,” we are talking about you, and we will also use words like “you” and “your” to refer to you. If you are using our services on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to this TOS, and “User,” “you,” and “your” refer to that entity. If you are unsure of your authority, consult others in your organization for clarification.
What is the TOS?
This TOS is a binding contract between you and Bamboozle Web Services, covering all offerings, websites, products, services, features, content, applications, and other items we provide to users like you.
We differentiate between our websites, such as https://bamboozle.me (collectively, the “Websites”), and our other services, such as cloud infrastructure and other paid services (collectively, the “Services”).
Section 3 (Website Terms) applies specifically to your use of the Websites, and Section 4 applies to your use of the Services.
When does this TOS apply to me?
This is a binding legal contract required to use our Websites and Services. You may only use our Websites and Services if you agree that you have read, understood, and consent to be bound by this TOS.
If you sign up for Services or create an account through our Websites, this TOS takes effect when you click “I accept” or other functionality indicating your acceptance. If you purchase Services through a separate written contract, this TOS is incorporated into that contract. Regardless of how you access or use our Websites and Services, this TOS applies and is legally binding.
What happens with disputes under this TOS?
You must agree to resolve disputes arising under this TOS through binding arbitration directly between you and Bamboozle Web Services. Arbitration uses a neutral arbitrator or panel to hear arguments and decide disputes in an expedient and cost-effective manner. You may pursue small claims in court, but all other claims are subject to arbitration. This means neither you nor Bamboozle Web Services will have the opportunity to resolve some disputes in court before a judge or jury, or participate in court-based class actions.
Terms & Conditions of the TOS
1. Eligibility & Registration
1.1 Before using our Websites and Services, you must ensure compliance with all applicable laws, rules, and regulations. Your right to access the Websites and Services is revoked if your use is prohibited or conflicts with any applicable law. You are responsible for making these determinations before using the Websites and Services.
1.2 The Websites and Services are not intended for use by anyone under 18. By using the Websites and Services, you represent and warrant that: (a) you are 18 or older; or (b) you have sufficient legal consent, permission, and capacity to use the Websites and Services in your jurisdiction.
1.3 To access the Services and certain Website features, you must register for an account (“Account”) at https://my.bamboozle.me. You may need to provide information such as your name, email address, and a valid payment method. Account information is subject to our Privacy Policy and Data Processing Agreement.
1.4 Changes to the Services and Websites. We may change or discontinue any of the Services or Websites at our sole discretion. We will endeavor to provide reasonable notice, but we are not obligated to do so if discontinuation is necessary to: (a) address an emergency or risk of harm to the Services, Websites, or Bamboozle; (b) respond to claims, litigation, or loss of third-party intellectual property rights; or (c) comply with law.
2. Bamboozle’s Proprietary Rights
2.1 As between you and Bamboozle Web Services, the Websites and Services are owned and/or provided by Bamboozle Web Services. The names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and other elements (“Materials”) are protected by intellectual property and other laws. All Materials are the property of Bamboozle Web Services or its third-party licensors. You may only use the Websites and Services as expressly authorized by this TOS or product documentation. You must maintain all intellectual property notices and restrictions. We reserve all rights not expressly granted.
2.2 If you provide input or suggestions regarding the Websites and Services (“Feedback”), you grant Bamboozle Web Services an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback for any purpose, including improving the Websites and Services.
2.3 You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials.
2.4 Some Materials may be licensed under open source or similar licenses (“Open Source Licenses”). Nothing in this TOS restricts your rights under applicable Open Source Licenses.
2.5 Subject to your compliance with this TOS, Bamboozle Web Services grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Websites and/or Services as described in this TOS.
3. Bamboozle Community & User Content
3.1 Certain Website features (e.g., Bamboozle Community) allow you to submit or upload content, such as messages, reviews, media, images, data, or text (“User Content”) and publish it on our Websites.
3.2 By providing User Content, you grant Bamboozle Web Services a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for formatting, and distribute your User Content in any media formats and channels.
3.3 By providing User Content, you grant other users a non-exclusive license to access and use your User Content as permitted by this TOS and Website functionality.
3.4 You are solely responsible for your User Content, and Bamboozle Web Services is not liable for it. By providing User Content, you affirm, represent, and warrant that: 0. You are the creator and owner of your User Content or have necessary licenses, rights, consents, and permissions to authorize Bamboozle Web Services and users to use and distribute it;
Your User Content, and its use, does not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property or privacy rights; (ii) slander, defame, libel, or invade the rights of any person; or (iii) cause us to violate any law or regulation;
You will indemnify us for any third-party claims arising from your User Content.
3.5 We are not obligated to edit or control User Content and are not liable for it. We may, at our discretion, screen, remove, edit, or block any User Content without notice.
3.6 You agree to abide by any applicable Open Source Licenses for your User Content.
4. Services Content
4.1 Our Services allow you to provide source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing (“Services Content”). Services Content includes Listing Information and Vendor Offerings.
4.2 By providing Services Content, you grant Bamboozle Web Services a license to host, store, transfer, display, perform, reproduce, modify for formatting, and distribute your Services Content solely to provide the Services to you. Usage Data (e.g., resource identifiers, metadata, logs) is not considered Services Content. We may use Usage Data to provide, maintain, and improve our Services.
4.3 You retain any copyright and ownership rights in your Services Content.
4.4 Some Services allow third parties (“End Users”) to access, use, or contribute to your Services Content. You are responsible for your End Users’ compliance with this TOS.
4.5 You are solely responsible for your Services Content, End Users, and their activities, and Bamboozle Web Services is not liable for them. You affirm, represent, and warrant that: 0. Your Services Content and its use by you or your End Users will not violate this TOS, our Acceptable Use Policy (https://www.bamboozle.me/legal/use-policy), or any applicable law or third-party rights;
You are responsible for the development, moderation, operation, maintenance, and support of your Services Content;
Your Services Content does not: (i) infringe, violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade privacy or other rights; or (iii) cause us to violate any law or third-party rights;
You are responsible for the technical operation of your Services Content.
4.6 You are responsible for configuring and securing your Services Content, including using encryption and routine backups. Bamboozle Web Services does not guarantee retention of backups, and you are solely responsible for the integrity, preservation, and backup of your Services Content. To the fullest extent permitted by law, Bamboozle Web Services is not liable for data loss or unavailability.
4.7 You may specify the geographic region and jurisdiction for storing your Services Content. You consent to the storage and transfer of your Services Content in the selected region and other regions at our discretion, provided such storage and transfer comply with applicable laws.
4.8 Service Terms. The following Service Terms govern your use of all Bamboozle Web Services: 0. You may not transfer software obtained from us or third-party licensors outside the Services without written permission.
You must comply with technical product documentation at https://docs.bamboozle.me.
You will provide accurate, complete, and non-misleading information.
You agree to comply with maintenance requirements, including upgrades or patches, with reasonable notice (except for emergency maintenance).
If processing personal data, you are responsible for providing legally adequate privacy notices and obtaining necessary consents, including under the Children’s Online Privacy Protection Act (COPPA) or similar laws.
5. Rules of Conduct
5.1 You must use the Websites and Services in accordance with our Acceptable Use Policy (https://www.bamboozle.me/legal/use-policy). Any violation constitutes a breach of this TOS.
5.2 You are responsible for all activity on your Account, whether by you, your employees, contractors, agents, End Users, licensees, or customers.
5.3 You must notify your employees, agents, and others of the provisions of this TOS.
5.4 You shall not: (i) decipher, decompile, disassemble, reverse engineer, or derive source code or algorithms from the Websites or Services, except as permitted by law; (ii) modify or create derivative works; or (iii) copy, rent, lease, distribute, or transfer rights. You must comply with all applicable laws.
5.5 We reserve the right to access, read, preserve, and disclose information as necessary to: (i) comply with legal processes; (ii) enforce this TOS; (iii) address fraud, security, or technical issues; (iv) respond to support requests; or (v) protect our rights, property, or safety.
5.6 The Services are subject to trade and economic sanctions maintained by the Office of Foreign Assets Control (OFAC). You represent that you are not located in a sanctioned country (e.g., Cuba, Iran, North Korea, Syria, or Crimea) or listed on the SDN or SSI Lists, and you will not use the Services to violate export control laws.
5.7 You must use proper security protocols, such as strong passwords, and notify Bamboozle Web Services immediately of unauthorized access to your Account.
5.8 You must notify Bamboozle Web Services of any security incidents or breaches affecting the Websites or Services and assist in investigations.
6. Payments and Billing
6.1 We use third-party payment processors (“Payment Processors”) to bill you through your linked payment account(s) (“Billing Information”). Payment processing is subject to the Payment Processors’ terms. You authorize us and Payment Processors to charge your Payment Method for all sums, including taxes, as outlined at https://my.bamboozle.me/billing.
6.2 You must provide current, complete, and accurate Billing Information and promptly update it as needed. Notify us or our Payment Processors if your Payment Method is canceled or inoperable.
6.3 You agree to recurring billing and automatic charges upon invoicing. We may deactivate or terminate Accounts for nonpayment or late payment.
6.4 You are responsible for all taxes, duties, and related penalties or fines. If we are obligated to collect taxes, they will be invoiced or collected at purchase. You must provide valid tax certificates or identifiers to avoid or reduce tax obligations.
6.5 Service credits, if offered, are revocable or subject to expiration at our discretion.
7. Third Party Services
The Websites and Services may include links to third-party websites, services, or resources (“Third Party Services”). These are not under our control, and we are not liable for their content, functions, or legality. Use of Third Party Services is at your own risk. We permit certain Vendors to offer Vendor Offerings on the Bamboozle Marketplace (https://www.bamboozle.me/legal/marketplace), subject to their terms.
8. Confidentiality & Beta Services
8.1 Nonpublic information designated as confidential or reasonably understood to be confidential is our “Confidential Information.” You may not use or disclose Confidential Information except as permitted by this TOS.
8.2 We may offer access to beta, preview, or experimental features (“Beta Services”). Beta Services are subject to additional terms and may have usage limits. Service Level Agreements do not apply.
8.3 You may provide feedback on Beta Services (“Test Observations”), which we may use for any purpose. Test Observations and information about Beta Services are Confidential Information.
8.4 We may suspend or terminate access to Beta Services at any time, and your Services Content in Beta Services may be deleted or inaccessible post-termination.
8.5 Beta Services are provided “as is” without warranties. Our liability for Beta Services is limited to the amount you paid for the Services in the preceding month.
9. No Warranty
9.1 The Websites and Services are provided “as is” and “as available.” Bamboozle Web Services disclaims all warranties, including merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Websites or Services will be secure, error-free, or uninterrupted.
9.2 We are not responsible for content accessed through the Websites or Services, including User Content or third-party content, and are not liable for its accuracy or legality.
9.3 These disclaimers apply to the fullest extent permitted by law.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, Bamboozle Web Services is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising from your use of the Websites or Services.
10.2 Our aggregate liability is limited to the amount you paid for the Services in the month prior to the claim.
10.3 These limitations are essential to the agreement and apply even if a remedy fails its essential purpose.
11. Indemnification
To the fullest extent permitted by law, you shall indemnify Bamboozle Web Services, its employees, officers, directors, agents, and representatives from all liabilities, claims, and expenses arising from your Services Content, User Content, End Users, or use of the Websites and Services, including breaches of this TOS, applicable law, or third-party rights.
12. Termination
We may terminate your access to the Websites or Services at any time, with or without notice. Upon termination, fees are non-refundable, and owed fees are due immediately. You must discontinue use of the Websites and Services. Sections 2.1-2.4, 3, 4, 6, 8, 9, 10, 11, 12, 13, and 14 survive termination.
13. Dispute Resolution and Arbitration
13.1 Disputes arising under this TOS will be resolved by binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (www.adr.org). You and Bamboozle Web Services waive the right to a trial by jury or class action.
13.2 You may bring individual actions in small claims court.
13.3 Arbitration will be settled under AAA Rules. A Notice of Arbitration must be sent by certified U.S. Mail or Federal Express to: Bamboozle Web Services, LLC, [To be updated], ATTN: Legal Department, or by email to [email protected] if no physical address is provided. Arbitration proceedings are confidential.
13.4 Arbitration hearings will occur in [To be updated], or, for claims of $10,000 or less, via documents or telephone. The arbitrator’s decision will be reasoned and written.
13.5 Claims must be brought individually, not as part of a class or representative proceeding.
13.6 If any part of this section is unenforceable, the exclusive jurisdiction and venue in Section 14.4 will apply.
14. Miscellaneous Provisions
14.1 Updates and Modifications. We may update this TOS at any time, with notice via email to the address in your Account or by updating the “Last Updated” date. Updates are effective as specified. Continued use constitutes acceptance. If you do not agree, you must deactivate your Account and stop using the Websites and Services.
14.2 General. This TOS, including incorporated documents, is the entire agreement between you and Bamboozle Web Services. No user-provided terms supersede this TOS. Use of section headers is for convenience only.
14.3 Assignment. You may not assign or transfer this TOS without our consent. We may assign or transfer it without notice.
14.4 Governing Law. This TOS is governed by the laws of the State of [To be updated], without regard to conflict of law principles. Subject to Section 13, you and Bamboozle Web Services submit to the jurisdiction of state and federal courts in [To be updated].
14.5 Notice. Send notices by certified U.S. Mail or Federal Express to: Bamboozle Web Services, LLC, [To be updated]. We may send electronic notices to your Account email. Notices are effective upon receipt or when sent for email.
14.6 Consent to Electronic Communications. You consent to electronic communications as described in our Privacy Policy (https://www.bamboozle.me/legal/privacy).
14.7 Notice to California Residents. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.8 Relationship of the Parties. The parties are independent contractors. This TOS does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
14.9 Force Majeure. Bamboozle Web Services is not liable for nonperformance due to acts or events beyond our reasonable control, such as acts of God, war, strikes, or outages.
14.10 No Third-Party Beneficiaries. This TOS does not create third-party beneficiary rights.
14.11 Government Use. The Websites and Services are provided with rights as defined in FAR 12.211, FAR 12.212, DFAR 252.227-7015, and DFAR 227.7202-3 for government use.
Copyright 2025 Bamboozle Web Services, Inc.. All rights reserved. No part of Bamboozle Web Services’ Website may be reproduced, modified, or distributed without prior written permission.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Bamboozle Legal Department
Bamboozle Web Services, Inc,
2035 Sunset Lake Road Newark, Delaware 19702, United States of America.
Revised: 06/07/2025
Copyright © 2016-2025 Bamboozle Web Services Inc. All Rights Reserved.
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