Conditions of use of Bumbizz
Please note that if you subscribe to services for a term (the “Initial Term”), the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Bumbizz’s then current charge for these services, unless you cancel your subscription in accordance with Section 5 hereinunderside.
You should also note that Article 13 of these Terms contains provisions governing how claims you and Bumbizz International Ltd have against each other are resolved. In particular, it contains an arbitration agreement that, with few exceptions, will require that disputes between us be submitted to binding and final arbitration. If you are an existing or new user who registered for Bumbizz before January 18, 2021, you have the right to withdraw from the arbitration agreement in accordance with Article 13 below. If you do not unsubscribe from the arbitration agreement pursuant to Article 13, or if you register with Bumbizz after January 18, 2021, (1), you will only be allowed to pursue claims and seek redress against us on an individual basis; and (2) you waive your right to seek redress in court and to have a jury trial on your claims.
And a notice to California subscribers: You can cancel your subscription and request a refund at any time before midnight on the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Bumbizz. If you wish to request a refund, please visit https://getsupport.apple.com. If you have subscribed using your Google Play Store account or via Bumbizz, please contact customer support.
1. BUMBIZZ RULES
Before you can use the Application, you must create an account (“Account”). To create an Account, you must:
- be at least 18 years of age or the age of majority to legally enter into a contract under the laws of your country of origin; and
- be legally entitled to use the Application under the laws of your country of origin
Unfortunately, we cannot allow you to use another person’s Account or share your Account with another person without prior authorization.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages looking for content indicating violations of these Terms. We reserve the right, in our sole discretion, to terminate or suspend any Account, restrict access to the Application, or use any operational, technological, legal or other means available to enforce the Terms (including, but not limited to, blocking specific IP addresses), at any time without liability and without notice to you. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for breach of these Terms, (2) because of your conduct on the App or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine that your conduct was inappropriate or inappropriate, (3) if we or our affiliates, in our sole discretion or in their sole discretion, determine that your conduct in other applications operated by our affiliates was inappropriate or inappropriate, or (4) for any reason that we consider, in our sole discretion, justify the termination. If your Account is terminated or suspended, you agree not to receive a refund for any paid service or feature for which you have already been charged.
You may not access, alter or use non-public areas of the Application or our systems. Some parts of the Application may not be accessible if you have not registered for an Account.
2. Types of content
There are three types of content you can access on the app :
- the content you upload and provide (“Your Content”);
- content provided by members/clients (“Member Content”); and
- Content provided by bumbizz (including, but not limited to, databases and/or software) (“Our Content”).
There are certain contents that we cannot allow on Bumbizz
We want our users to be able to express themselves as much as possible and publish all kinds of things on Bumbizz, but we have to impose restrictions on certain content that:
- contains language or images that could be considered offensive or that are likely to harass, annoy, embarrass, alarm or annoy any other person (including, for example, but not limited to, language that could be considered discriminatory with respect to race, colour, ethnic origin, national origin, religion, disability, sexual orientation, gender expression, a person’s gender identity or physical appearance);
- is obscene, pornographic, violent or otherwise may offend human dignity (including, for example, but not limited to, language that could be considered discriminatory with respect to race, colour, ethnic origin, national origin, religion, disability, sexual orientation, gender expression, a person’s gender identity or physical appearance);
- is abusive, insulting or threatening, discriminatory or promotes racism, sexism, hatred or bigotry (including, for example, but not limited to, language that could be considered discriminatory with respect to race, colour, ethnic origin, national origin, religion, disability, sexual orientation, gender expression, a person’s gender identity or physical appearance);
- encourages any illegal activity, including, but not limited to, terrorism, incitement to racial hatred or the submission of any activity itself that constitutes a criminal offence;
- is defamatory or defamatory;
- relates to commercial activities (including, but not limited to, sales, contests and advertising, links to other websites or premium telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains spyware, adware, viruses, corrupted files, worm programs or any other malicious code designed to interrupt, damage or limit functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horses or any other equipment designed to damage, interfere with, wrongly intercept or expropriate any personal data or information from Bumbizz or otherwise;
- itself, or whose display, infringes the rights of any third party (including, but not limited to, intellectual property rights and privacy rights);
- shows another person who was created or distributed without that person’s consent;
- is detrimental to minors; or
- impersonate any other person, including falsely indicating your name.
Bumbizz International Ltd applies a zero tolerance policy for this type of content.
You agree that Your Content complies with our Guidelines, as updated from time to time. As Your Content is unique, you are responsible for Your Content and will indemnify, defend, release and hold us harmless from any and all claims made in connection with Your Content. Sorry, it was a bit of a mouthful, but you are what you publish!
You cannot display personal or banking contact information on your individual profile page, whether in relation to you or any other person (for example, names, personal addresses or postal codes, telephone numbers, e-mail addresses, URL, credit/debit card or other bank details). If you choose to disclose personal information about yourself to other users, whether by e-mail or otherwise, it is at your own risk. We encourage you to exercise the same caution when disclosing details about yourself to third parties online as you would in any other circumstance.
As Bumbizz is a service marketplace, your content will be instantly visible to other users of the app around the world after they log in to the website- so make sure you’re comfortable sharing your content before you post it. As such, you agree that Your Content may be accessed by other users and anyone visiting, participating in or receiving a link to the Application (for example, people who receive a link to a user’s profile or the shared content of other Bumbizz Users). By downloading Your Content on Bumbizz, you represent and warrant that you have all the rights and licenses necessary to do so, and automatically grant us a non-exclusive license, royalty-free, perpetual and worldwide to use Your Content in any way (including, but not limited to, publishing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating into other works, advertising, distribution and any other provision of such Content to the general public, in whole or in part and in any format or support currently known or developed in the future).
We may assign and/or sublicense the above license to our affiliates and successors without your further approval.
We have no obligation to store your content – if it is important, you must make a copy.
In order that we may prevent the unauthorized use of Your Content by other members or third parties outside of Bumbizz, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This specifically includes the authorization, but not the obligation, for us to send withdrawal notices (including, without limitation, in accordance with 17 U.S.C. § 512(c) (3) (i.e., DMCA withdrawal notices)) on your behalf if your content is taken and used by third parties outside of Bumbizz.
Other Bumbizz members will also share content through the app. Member content belongs to the user who published the content and is stored on our servers and displayed via the application at the request of the user providing the member content.
You have no right with respect to the Member Content of other users, and you may only use the personal information of other Bumbizz users to the extent that your use of such Member Content-this corresponds to Bumbizz’s goal of allowing people to meet. You may not use the information of other users for commercial purposes, spamming, harassing, stalking or making illegal threats. We reserve the right to terminate your account if you abuse the information of other users.
The content of the members is subject to the terms and conditions of sections 512 (c) and/or 512 (d) of the Digital Millennium Copyright Act 1998. If you have a complaint about member content, please see the Digital Millennium Copyright Act section below for more information.
You may be wondering what happens to the rest of the content on Bumbizz. Well, it belongs to us! Any other text, content, graphic, user interface, trademark, logo, sound, illustration and other intellectual property appearing on Bumbizz, as well as the Bumbizz software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property rights. All rights, titles and interests relating to Our Content remain with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable license to access and use Our Content, without the right to sublicense, under the following conditions:
you must not use, sell, modify or distribute Our Content, except as permitted by the functionality of the Application;
- you must not use our name in metatags, keywords and/or hidden text;
- you must not create works derived from Our Content or scratch, disable, decompile, analyze or
- commercially exploit Our Content, in whole or in part, in any way; and
- you should only use Our Content for lawful purposes.
We reserve all other rights.
No requirement to pre-select content.
Since Bumbizz is a community of experts and online customers, we generally try to avoid getting in the way and therefore assume no obligation to pre-select your content or any member content. However, we may need to intervene, and we reserve the right to review, pre-select, decline and/or delete any member content and your content, including content exchanged between users in direct messages.
3. RESTRICTIONS ON APPLICATION
You agree to :
- comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- use your real name and age when creating your Bumbizz account and on your profile; and
- use services in a professional manner.
You agree not to :
- act in an illegal or unprofessional manner, including dishonest, abusive or discriminatory;
- misrepresenting your identity, age, current or previous positions, qualifications or affiliations with a person or entity;
- disclose information that you do not have consent to disclose;
- stalking or harassing any other user of the Application;
- create or exploit a pyramid scheme, fraud or other similar practice, or;
- develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plug-ins and add-ons or other technologies) to extract or exfiltrate from Bumbizz or its services, or otherwise copy profiles and other data of the services.
We would not like users to behave badly on Bumbizz. In which case, you can report any abuse or complain about the Member’s Content by contacting us, describing the abuse and/or complaint. You can also report a user directly from a profile or in the chat by clicking on the “Block and Report” link. We reserve the right to investigate any possible violation of these Terms, the rights of any Bumbizz user or any third party right and we may, in our sole discretion, immediately terminate any user’s right to use the Application without notice, as further detailed in Section 1 above, and/or delete any Inappropriate, Infringing or otherwise Unauthorized Member Content submitted to the Application.
We do not control any of the things our users say or do, so you are solely responsible for your interactions with other users of the Application.
YOU UNDERSTAND THAT BUMBIZZ DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS OF ITS USERS. BUMBIZZ ALSO DOES NOT INVESTIGATE THE HISTORY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BUMBIZZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH CURRENT OR FUTURE USERS. BUMBIZZ RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECKS OR OTHER CHECKS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE PUBLIC RECORDS AVAILABLE FOR ANY PURPOSE.
You hereby agree to and release Bumbizz International Ltd and its successors from all claims, demands, losses, damages, rights and actions of any kind, including personal injury, death and property damage, that result directly or indirectly from your interactions with or conduct of other users of the Application. If you reside in California, you hereby waive Article 1542 of the California Civil Code, which states: A general waiver does not extend to claims which the creditor or the releasing party does not know or does not suspect to exist in its favour at the time of discharge and which, if it is aware of it, would have had a significant impact on its settlement with the debtor or released party. The foregoing disclaimer does not apply to claims, claims or losses, damages, rights and actions of any kind, including bodily injury, death or property damage for any unreasonable business practice of Bumbizz International Ltd or for fraud, deception, forgery, promise, misrepresentation or concealment, deletion or omission of any material fact in connection with the Application.
It is expressly forbidden to scratch or reproduce any part of the Application without our prior consent. This includes by any means (automated or otherwise) other than through our currently available published interfaces – unless you have been specifically authorized to do so in a separate agreement with us.
5. Terms of payment
Bumbizz may offer products and services for purchase on the Application (“Integrated Purchase”). If you choose to make an integrated purchase, you acknowledge and agree that additional terms, which are communicated to you at the point of purchase, may apply and those additional terms are incorporated herein by reference.
You can make an integrated purchase via the following payment methods (“Payment Method”): (a) make a purchase via a third-party platform such as the Apple App Store and the Google Play Store (“Third-Party Store”), or (b) pay with your credit card, your debit card or PayPal account, which will be processed by a third-party processor. Once you have made an integrated purchase, you authorize us to debit the payment method of your choice. If we do not receive payment from the method of payment you have chosen, you agree to promptly pay all amounts due to our request.
Subscriptions and automatic renewal : Bumbizz may offer certain services in the form of automatic renewal subscriptions, such as a one-week subscription, a one-month subscription or a three-month subscription (“Premium Services”). IF YOU PURCHASE A SUBSCRIPTION WITH AUTOMATIC RENEWAL, YOUR SUBSCRIPTION WILL BE RENEWED AT THE END OF THE PERIOD, UNLESS CANCELLED, AT THE THEN CURRENT PRICE OF BUMBIZZ FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the current subscription period. Deleting your account or removing the app from your device does not cancel your subscription. You will be informed of any changes to the pricing of the Premium Services to which you have subscribed and of the option to cancel. If Bumbizz changes these prices and you do not cancel your subscription, you agree to be charged the then current Bumbizz subscription price.
Cancellation of subscriptions. If you purchased a subscription directly from Bumbizz, you can cancel or change your payment method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account on that Third Party Store and follow the instructions to change or cancel your subscription. If you cancel your subscription, you can use your subscription until the end of the last period for which you paid, but (i) you will not be eligible (unless otherwise specified in the subsection entitled “Refunds” below), (ii) your subscription will not be renewed at the end of this period and (iii) you will no longer be able to use the Premium Services or Integrated Purchases enabled by your subscription.
Free trials. If you register for a free trial and do not cancel it, your trial may be converted into a paid subscription and your method of payment will be charged at the then current price for that subscription. Once your free trial is converted to a paid subscription, your paid subscription will continue to renew automatically at the end of each period and your method of payment will be charged until you cancel it. To avoid charges for a new subscription period, you must cancel before the end of the then current subscription period or the free trial period as described above. Deleting your account or removing the app from your device does not cancel your free trial. If you have already signed up for a free trial on Bumbizz through the Apple Store or the Google Play Store, you will not be eligible for another free trial and you will then be automatically signed up for a subscription and billed as described in this paragraph.
Refunds. Generally, all purchase fees are non-refundable and there is no refund or credit for partially used periods.
PFor subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin, the following conditions apply:
You may cancel your subscription, without penalty or obligation, at any time before midnight of the third business day following the date on which you subscribed. In the event that you die before the end of your subscription period, your estate will be entitled to a refund of the portion of any payment you made for your subscription that is attributable to the period after your death. In case you become disabled (so you can’t use Bumbizz) before the end of your subscription period, you will be entitled to a refund of the portion of any payment you made for your subscription that is attributable to the period after your disability by providing the company’s notice in the same manner as you request a refund as described below.
To claim a refund :
In addition to cancelling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Bumbizz. To request a refund, go to iTunes, click your Apple ID, select “Purchase History”, search for the transaction and tap “Report a problem”. You can also submit a request to https://getsupport.apple.com.
For all other purchases: please contact customer service with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or provide a signed and dated notice that you, the purchaser, cancel this Agreement, or words of similar effect. Please also include the email address or mobile phone number associated with your account as well as your order number. This notice should be sent to: Bumble, Attn.: Cancellations, P.O. Box 300940, Austin, Texas, 78703 (in addition, members of California and Ohio may fax to 512-696-1545).
Payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Bumbizz determines that it has a legal obligation to collect sales tax from you under these Terms, Bumbizz will collect such sales tax in addition to the payments required under this Section 5. If Premium Services, or payments for Premium Services under these Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Bumbizz, you will be responsible for the payment of this Sales Tax and any related penalty or interest to the appropriate tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by the proceeds of sales that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose sales or use tax.
6. Virtual objects
Sometimes you may be able to purchase a limited, personal, non-transferable, non sublicensable and revocable license to access special limited-use features of Bumbizz, called here «Virtual Objects». You can only purchase virtual items through Bumbizz or Bumbizz partners. The Virtual Elements represent a limited license right governed by this Agreement and, unless otherwise prohibited by applicable law, no title or ownership of the Virtual Elements is transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of rights to Virtual Items.
Any Virtual Object balance displayed in your account does not constitute a real balance or reflect any stored value, but rather indicates the extent of your license to access Virtual Objects. Virtual Objects do not incur a fee for non-use. Your license in the Virtual Objects will terminate at the earliest opportunity that Bumbizz discontinues the provision of services or closes or terminates your account. Bumbizz may also sometimes provide Virtual Objects in the form of bonuses or paid subscription parts for its services. Your ability to use the Virtual Elements to which you have access in this manner may terminate at the end of each of your subscription periods and your access to the Virtual Elements may not be “renewed” or accumulate over additional subscription periods. Your access to Virtual Objects obtained through subscriptions may also end if you cancel your subscription.
Bumbizz, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Elements and/or may distribute Virtual Elements with or without charge. Bumbizz may manage, regulate, control, modify or dispose of Virtual Objects at any time, including taking measures that may affect the perceived value or purchase price, where applicable, Virtual Elements and Bumbizz shall not be liable to you. You must not sell, exchange or transfer Virtual Objects to any person or entity. Virtual Items may only be exchanged through our Services.
ALL PURCHASES AND EXCHANGES OF VIRTUAL OBJECTS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT BUMBIZZ IS UNDER NO OBLIGATION TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.
7. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Application and/or Bumbizz services, such as improvements, offers, products, events and other promotions. After downloading the app, you will be asked to accept or reject push notifications/alerts. If you refuse, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you can unsubscribe by changing your notification settings on your mobile device. For other types of messages or communications, such as emails, text messages, etc., you can unsubscribe or unsubscribe by following the specific instructions included in these communications or by sending us an email with your request to firstname.lastname@example.org.
THE APPLICATION, THE SITE, OUR CONTENT AND THE CONTENT OF THE MEMBERS ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, A TITLE OR A NON-CONFORMITY. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF CORRESPONDENCE.
IF THE APPLICABLE LAW DOES NOT PERMIT THE AFOREMENTIONED EXCLUSION FROM EXPRESS OR IMPLIED WARRANTIES, WE WILL PROVIDE THE MINIMUM EXPRESS OR IMPLIED WARRANTIES REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR WARRANTY NOT EXPRESSLY SET OUT IN THIS SECTION.
WE ALSO DO NOT GUARANTEE THAT THE APPLICATION OR THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF THE APPLICATION OR THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APPLICATION, THE SITE, OUR CONTENT, ANY MEMBER CONTENT OR ANY PART THEREOF-CI IS CORRECT, ACCURATE OR RELIABLE. YOUR USE OF THE APPLICATION OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. BUMBIZZ INTERNATIONAL LTD IS NOT RESPONSIBLE FOR THE CONDUCT OF A USER. BUMBIZZ DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OF ITS MEMBERS.
9. Limitation of liability
NEITHER WE NOR ANY OWNER SHALL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS OR CUSTOMERS, LOSS OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS ARISING FROM YOUR ACCESS OR USE OF THE APPLICATION, THE SITE, OUR CONTENT OR ANY MEMBER’S CONTENT, REGARDLESS OF THE CAUSE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF PROPERTY RIGHTS, PRODUCT LIABILITY OR OTHER.
THE FOREGOING APPLIES EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APPLICATION OR THE SITE, YOUR SOLE REMEDY IS TO CEASE YOUR USE OF THE APPLICATION AND THE SITE.
YOU HEREBY WAIVE ANY CLAIMS ARISING OUT OF YOUR USE OF THE APPLICATION OR SITE. AS SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND INVALID OR UNENFORCEABLE FOR ANY REASON, OUR OVERALL LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT AND REFLECTS AN EQUITABLE DISTRIBUTION OF RISKS. THE APPLICATION AND SITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, THE EXCLUSIONS OF LIABILITY AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF THEY PROVE TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING OUT OF ANY FRAUD OR FALSE REPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.
All actions you take and information you post on Bumbizz remain your responsibility. Therefore, you agree to indemnify us, defend us, release us and keep us harmless, as well as our partners, licensors, affiliates, subcontractors, officers, directors, employees, representatives and agents, against any third party claims, damages (actual and/or consequential), actions, procedures, demands, losses, liabilities, costs and expenses (including reasonable legal fees) incurred or reasonably incurred by us resulting from, or in relation to:
- any act of negligence, omission or willful misconduct on your part;
- your access to and use of the Application;
- downloading or submitting Content on the Application by you;
any breach of these Terms by you; and/or
- your violation of any law or right of a third party.
We retain the exclusive right to settle, compromise and pay all claims or causes of action brought against us without your prior consent. If requested, you will cooperate fully and reasonably as we require in defending any relevant claim.
The foregoing provision does not require you to indemnify Bumbizz International Ltd for any unreasonable commercial practice or for any fraud, deception, false promise, misrepresentation or concealment, deletion or omission of any material fact in connection with the Application.
11. COMPLAINT PROCEDURE FOR COPYRIGHT INFRINGEMENT
If you believe that Bumbizz content infringes the copyright of a work you own, please submit a notification alleging such a violation (“DMCA Withdrawal Notice”) to the Bumbizz Copyright Officer. The withdrawal notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the holder of an alleged exclusive right;
- The identification of the copyrighted work alleged to have been infringed or, if several copyrighted works on a single online site are covered by a single notification, a representative list of those works;
- Identification of allegedly counterfeit or infringing material that must be removed or access disabled and reasonably sufficient information to enable the service provider to locate the material;
- Reasonably sufficient information to enable the service provider to contact you, such as an address, telephone number and, if applicable, e-mail;
- A statement that you believe in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, their agent or the law; and
- A declaration that, under penalty of perjury, the information contained in the notification is accurate and that you are entitled to act on behalf of the owner of the alleged infringed exclusive right.
Withdrawal notices should be sent to the Bumbizz Copyright Officer at email@example.com.
12. THIRD-PARTY APP STORE
The following additional terms and conditions apply to you if you download the app from a third-party store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise in conflict with, the terms and conditions of this Section, the more restrictive or contradictory terms and conditions of this Section shall apply, but only as regards the Application and the Third Party Store. You acknowledge and agree that:
- The supplier of the Third Party Store has no obligation to provide maintenance and support services with respect to the Application. Bumbizz International Ltd is solely responsible for any product guarantee, express or implied by law, insofar as it is not effectively rejected. The supplier of the Third Party Store shall have no warranty obligation of any kind with respect to the Application, and any other claim, loss, liability, damage, cost or expense attributable to any breach of any warranty shall be the sole responsibility of Bumbizz International Ltd.
- Bumbizz International Ltd, and not the supplier of the Third Party Store, is responsible for handling any complaint you or any third party may have regarding the Application or your possession and/or use of the Application, including, but not limited to: (i) claims for product liability; (ii) claims that the Application does not comply with any applicable legal or regulatory requirements; (iii) claims arising from consumer protection or similar legislation; and/or (iv) claims for intellectual property infringement.
- The supplier of the Third Party Store and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, the supplier of the Third Party Store from which you obtained the Application shall have the right (and shall be deemed to have accepted the right) to apply these Terms against you as a beneficiary of these Terms.
In the event of a conflict between the applicable terms and conditions of a third-party store or mobile operator and these terms and conditions, the terms and conditions of the third-party store or mobile operator shall prevail and shall prevail. We are not responsible and have no liability for any third-party goods or services that you obtain through a third-party store or mobile operator. We encourage you to conduct any investigation you deem necessary or appropriate before proceeding with any online transaction with any of these third parties.
13. Dispute resolution.
Please read the following arbitration agreement carefully in this section (“Arbitration Agreement”). Unless you unsubscribe in the manner described in subsection 7 below, this Agreement obliges you to arbitrate disputes with Bumbizz and limits the manner in which you seek redress from us.
1. When does this arbitration agreement apply? This Arbitration Agreement applies to any dispute or claim relating to your use of our Application or any other aspect of your relationship with Bumbizz. This requires that, in entering into these Terms, you agree that such claims be resolved by binding arbitration, rather than in a court of law, except that (i) you may bring claims before the Small Claims Court if your claims are admissible; and (ii) you or Bumbizz may seek fair redress in court for infringement or misuse of intellectual property rights.
2. How do you start the arbitration process? To commence arbitration proceedings, you must send a letter requesting arbitration and describing your claim to our registered agent: CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801.
3. What are the rules of arbitration? The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be governed by JAMS, an established alternative dispute resolution provider. Litigation involving claims and counterclaims under $250,000, not including legal fees and interests, will be subject to the most current version of JAMS Rules and Simplified Arbitration Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to the latest version of JAMS Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available for arbitration, the parties will choose another arbitration forum. If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing and/or other costs of JAMS and you cannot obtain a waiver from JAMS, Bumbizz International Ltd will pay them for you. In addition, Bumbizz international Ltd will reimburse all JAMS filing, administration, hearing and/or other costs for claims under $10,000 unless the Arbitrator determines that the claims are frivolous.
You may choose to have the arbitration conducted by telephone, on the basis of written submissions, or in person in the country where you live or at another mutually agreed place.
4. What can the arbitrator decide? The Arbitrator shall have the exclusive authority to (i) determine the scope and applicability of this Arbitration Agreement, and (ii) resolve any dispute relating to the interpretation, applicability, applicability or formation of this Arbitration Agreement, including, but not limited to, any claim that all or part of this Arbitration Agreement is void or voidable. The arbitrator shall have the power to grant applications entitled to all or part of any claim. The arbitrator shall have the power to award monetary damages and to grant any non-pecuniary remedy or remedy available to a person under the applicable law, the rules of the arbitral forum and the agreement (including the arbitration agreement). The arbitrator will issue a written award and decision statement outlining the essential findings on which the award is based, including the calculation of damages awarded. The arbitrator has the same power to grant a remedy on an individual basis as a judge of a court. The arbitrator’s award is final and binding on you and us.
5. No jury trial. By accepting arbitration, YOU AND BUMBIZZ AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. Instead, you and Bumbizz International Ltd choose that all claims and disputes are resolved by arbitration under this Arbitration Agreement, except as described in Article 13(1) above. An arbitrator may award on an individual basis the same damages and remedies as a court and shall follow this agreement as a court would. However, there is no judge or jury in the arbitration, and the judicial review of an arbitral award is subject to very limited scrutiny.
6. One at a time. All claims and disputes under this Arbitration Agreement SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE OR COLLECTIVE BASIS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE PROCEEDINGS. Only individual relief is available, and claims from more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration procedure will not be consolidated with other issues or joined with other cases or parties. If a decision is made that the applicable law precludes the application of any of the limitations of this subsection with respect to a particular claim for relief, the claim must be separated from arbitration and brought before the state or federal courts located in Travis County, Texas. All other claims will be arbitrated.
7. 31-day option fee. This unsubscribe section does not apply to new members after January 18, 2021. You have the right to opt out of the provisions of this Arbitration Agreement by sending a written notice of your decision to unsubscribe to: firstname.lastname@example.org, within 31 days of the first time you are subject to this Arbitration Agreement. Your review should include your name and address, your Bumbizz username (if applicable), the email address you used to set up your Bumbizz account (if you have one) and an unequivocal statement that you wish to unsubscribe from this Arbitration Agreement. If you unsubscribe from this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Deregistration of this Arbitration Agreement has no effect on any other Arbitration Agreements you may have or enter into with us in the future.
8. Divisibility. Except as provided in subsection 13(6), if any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by law, that or those specific parts shall have no force and effect and shall be separated and the remainder of the arbitration agreement shall remain in full force and effect.
9. The terms of this Arbitration Agreement will be maintained, even after the termination of your relationship with Bumbizz.
14. RÉSILIATION ET RECOURS
These Terms begin on the date you accept them (as described in the preamble) and continue until they are terminated in accordance with these Terms.
If you wish to terminate these Terms, you may do so by (a) informing Bumbizz at any time and (b) by closing your Account. Your notice should be sent to the Bumbizz address below. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which the applicable fees have been paid, and you will not be entitled to a refund, except as indicated in Section 5.
Bumbizz may terminate or suspend these Terms, including your Account, if you violate these Terms or if Bumbizz is required to do so by applicable law. You agree that all terminations for cause are made at Bumbizz’s sole discretion and that Bumbizz shall not be liable to you or any third party for any termination of your Account.
In the event that Bumbizz determines, in its sole discretion, that you have breached any part of these Terms, or that you have otherwise demonstrated inappropriate conduct for the Application, Bumbizz reserves the right to: (a) notify you by e-mail (to any e-mail address you have provided to Bumbizz) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content and/or cooperate fully with the appropriate law enforcement authorities to take further action; and/or (f) pursue any other action that Bumbizz deems appropriate.
Termination of these Terms or your Account includes removal of access to your Account, as well as all related information and content associated with or within your Account.
All provisions of these Terms, which by their nature are expected to survive, will survive termination of these Terms, including, but not limited to, the Arbitration Agreement, property provisions, warranty exclusions and limitation of liability.
There are a few other things we need to mention before we can use Bumbizz.
Bumbizz International Ltd has taken reasonable measures to ensure the timeliness, availability, accuracy and completeness of the information contained on Bumbizz and provides such information “as is” and “as available”. The Bumbizz Company makes no warranty or representation of any kind concerning the information contained on Bumbizz, whether express or implied. The use of Bumbizz and the material available on it is at your own risk. The Bumbizz Company is not responsible for any loss resulting from the transmission, use of data or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you can get from Bumbizz is free from viruses or other harmful components. You agree that Bumbizz is not supplied without interruption or error, that defects cannot be corrected or that Bumbizz, or the server that makes it available, are free from viruses or bugs, spyware, Trojan horses or similar malware. Bumbizz is not responsible for any damage to your computer hardware, computer software or other equipment or technology, including, but not limited to, damage caused by any security breach or by any virus, bug, tampering, fraud, error, omission, interruption, default, delay in operation or transmission, failure of the computer or network line or any other technical or other malfunction.
Communications between you and Bumbizz may take place electronically, whether you use the App or send e-mails to Bumbizz, or whether Bumbizz posts notices in the App or communicates with you by e-mail. For contractual purposes, you (a) agree to receive communications from Bumbizz in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that Bumbizz provides to you electronically satisfy you if this were to be in writing. The foregoing does not affect your statutory rights, including, but not limited to, the Law on Electronic Signatures in Global and Domestic Commerce at 15 U.S.C. Sec. 7001 and. Seq.
We know our Terms are great, but we may have to change them from time to time
As Bumbizz grows, we may be required to make changes to these Terms, so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do that, the changes will be published on this page and we will indicate the effective date of the updates at the bottom of the conditions. Under certain circumstances, we may send you an e-mail informing you of a change. We may also ask you to accept our Changes, but we will let you know. You should check this page regularly to be informed of any changes – we want our users to be as informed as possible.
Your continued use of Bumbizz after any Change constitutes your acceptance of the Change and you will be legally bound by the updated Terms. If you do not agree to any changes to the Terms, you must stop using Bumbizz immediately (uh oh, it will be difficult!).
Additional elements :
If, for any reason whatsoever, any of the Terms is declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that such clause is illegal, invalid or unenforceable, it will be separated and removed from the Terms and the remainder of the Terms will survive, remain in full force and effect and continue to be binding and enforceable.
No breach or delay in the exercise of a right, a power or privilege under the Terms does not constitute a waiver of that right or acceptance of any amendment to the Terms and no single or partial exercise by either party of a right, a power or privilege shall not prevent any subsequent exercise of the right or any other right, power or privilege.
You represent and warrant that :
- you are not located in a country that is subject to an embargo by the United States Government or that has been designated by the United States Government as a “supporting terrorism” country; and
- you are not on any list of prohibited or restricted parties of the United States Government.
By using the Application, you agree and acknowledge that Bumbizz is a global application operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, storing your personal data may not provide you with the same protections that you have in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by using the applications available on Bumbizz, you agree to transfer your personal information to, the storage and processing of your personal information in these countries and destinations.
The Application may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible for:
- the availability or accuracy of such websites or resources; or
- content, products or services on or available from these websites or resources.
Links to these websites or resources do not imply approval. You acknowledge full responsibility and assume all risks arising from your use of these websites or resources. Framing, online links or other methods of association with the application are expressly prohibited without our prior written permission.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without limitation.
In the event of a discrepancy between this English version and any translated copy of the Terms, the English version shall prevail.
If you have any questions, complaints or complaints about the application, please contact us at email@example.com.
17. APPLICABLE LAW AND FOR.
Subject to Article 13(3), your access to the Application, Our Content and any Member Content, any claims arising out of or related to your relationship with Bumbizz, and these Terms are governed by and construed by the laws of the State of Texas. All claims arising out of or related to these Terms and/or your relationship with Bumbizz which, for any reason whatsoever, are not subject to arbitration, and all claims or cases challenging the applicability or enforceability of the arbitration provisions herein, shall be litigated exclusively in the federal or state courts of Travis County, Texas. You agree that these courts have personal jurisdiction and place and waive any objection based on an inconvenient forum. You agree not to file or participate in a class action against us.
18. BUMBIZZ INTERNATIONAL LTD.
The Terms constitute a legally binding agreement between you as a user (“you”) and Bumbizz (“we”).
The Terms were last updated on: June 19, 2022.