The following Terms of Service (.Terms.) govern your access to and use of the products, services and web sites (collectively, the .Platform.) of Bumpr, Inc. (.Bum pr.) and any information, text, graphics or other materials uploaded, downloaded or appearing on the Platform (collectively, .Content.). Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform, you agree to be bound by these Terms, as they may be modified from time to time.
You are responsible for your use of the Platform, for any Content you post to the Platform, and for any consequences resulting from such use or posting. The Content you submit, post or display will be able to be viewed by other users of the Platform and through third party services and web sites. You should only post Content that you are comfortable sharing with others.
You may use the Platform only if you can form a binding contract with Bumpr and are not a person barred from accessing, using or receiving the Platform under the laws of the United States or any other jurisdiction to which you are subject. You may use the Platform only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
The Platform is always evolving and the form and nature of the Platform may change from time to time without prior notice to you. In addition, Bumpr may discontinue (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally and may not be able to provide you with prior notice. Bumpr also retains the right to create limits on use and storage at its sole discretion at any time without prior notice to you.
The Platform may include advertisements, which may be targeted to the Content or information on the Platform, queries made through the Platform, or other information. The types and extent of advertising by Bumpr on the Platform are subject to change. In consideration for Bumpr granting you access to and use of the Platform, you agree that Bumpr and its third party providers and partners may place such advertising on the Platform or in connection with the display of Content or information from the Platform, whether submitted by you or others.
Any information that you provide to Bumpr is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Bumpr. As part of providing the Platform, we may provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Platform and your Bumpr account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password. We encourage you to use .strong. passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Bumpr cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements or from the discovery or use of your password by another party.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not regularly monitor or control the Content posted via the Platform and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Platform or obtained by you through the Platform is at your own risk.
Bumpr does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform. You acknowledge that by using the Platform you may be exposed to Content that might be offensive, harmful, inaccurate, otherwise inappropriate or, in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Bumpr be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Platform or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Platform. By submitting, posting or displaying Content on or through the Platform, you grant to Bumpr a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Bumpr to make such Content available to other companies, organizations or individuals who partner with Bumpr for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for the use of such Content.
Such additional uses by Bumpr, or other companies, organizations or individuals who partner with Bumpr, will be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Platform.
Bumpr may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of other networks, devices, services or media.
You are responsible for your use of the Platform, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcast by our partners and, if you do not have the right to submit Content for such use, it may subject you to liability. Bumpr will not be responsible or liable for any use of your Content by Bumpr in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Bumpr gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Bumpr as part of the Platform. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform in the manner permitted by these Terms.
All right, title and interest in and to the Platform (excluding Content provided by users) are and will remain the exclusive property of Bumpr and its licensors. The Platform is protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Bumpr name or any of the Bumpr trademarks, logos, domain names or other distinctive brand features. Any feedback, comments or suggestions you may provide regarding Bumpr or the Platform is entirely voluntary and Bumpr will be free to use such feedback, comments or suggestions as we see fit and without any liability or obligation, financial or otherwise, to you.
Bumpr reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Platform and to terminate users or reclaim usernames. Bumpr may take such action for any reason or for no reason, in its sole discretion. Please review the Bumpr Rules (which are part of these Terms) to better understand what is prohibited on the Service. Bumpr also reserves the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including monitoring compliance with and investigating potential violations of the Terms, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Bumpr, its users and the public.
Except as permitted through the Platform (or these Terms), you are required to use the Bumpr API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Content or Platform.
You may not do any of the following while accessing or using the Platform: (i) access, tamper with or use non-public areas of the Platform, Bumpr.s computer systems or the technical delivery systems of Bumpr.s providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Bumpr (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Bumpr (NOTE: Crawling the Platform is permissible if done in accordance with the provisions of the robots.txt file. However, scraping the Platform without the prior consent of Bumpr is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform to send altered, deceptive or false source-identifying information; or (v) interfere with or disrupt, or attempt to do so, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail- bombing the Platform, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform.
Bumpr respects the intellectual property rights of others and expects users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Bumpr with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Bumpr will also terminate a user.s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Platform is:
Bumpr, Inc.
Attn: Copyright Agent
11840 Nicholas Street, Suite 100
Omaha, Nebraska 68154
Email: copyright@Bumpr.net
Your access to and use of the Platform or any Content is at your own risk. You understand and agree that the Platform is provided to you on an .AS IS. and .AS AVAILABLE. basis. Without limiting the foregoing, BUMPR AND ITS AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Platform or any content thereon. Bumpr will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Platform or any Content. You also agree that Bumpr has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Platform. Bumpr makes no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Bumpr or through the Platform, will create any warranty not expressly made herein.
The Platform may contain links to third-party web sites or resources. You acknowledge and agree that Bumpr is not responsible or liable for: (i) the availability or accuracy of such web sites or resources; or (ii) the content, products or services on or available from such web sites or resources. Links to such web sites or resources do not imply any endorsement by Bumpr of such web sites or resources or the content, products or services available from such web sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUM PR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, W HETHER OR NOT BUMPR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The failure of Bumpr to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Nebraska without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Platform will be brought solely in Douglas County, Nebraska, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Nebraska (excluding choice of law).
We may revise these Terms from time to time. The most current version will always be at http://bumpr.net/about/terms. If the revision, in our sole discretion, is material we may (but are not required to) notify you via an @Bumpr update or e-mail to the email address associated with your account. By continuing to access or use the Platform after those revisions become effective, with or without notice to you, you agree to be bound by the revised Terms.
These Terms, the Bumpr Rules and our Privacy Policy are the entire and exclusive agreement between Bumpr and you regarding the Platform (excluding any services for which you have a separate agreement with Bumpr that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Bumpr and you regarding the Platform.
The Platform is operated and provided by Bumpr Inc., 11840 Nicholas Street, Suite 100, Omaha, Nebraska 68154-4475. If you have any questions about these Terms, please contact us.
Effective: August 30, 2010