Bumpn, Inc. User License Agreement
Effective Date: September 18th, 2015
This user license agreement (the “Terms”) describes the terms under which Bumpn, Inc. (“Bumpn” “we” or “us”) offers you access to the Bumpn websites and/or mobile application, including the site located at Bumpn.com (the “Sites”), and the services and tools (including, but not limited to, mobile and other software applications) related to the Sites (such sites, services and tools, collectively, the “Service”). These Terms apply when you access, visit or use the Service.
- About Bumpn; Eligibility.
The Service enables users to upload, store and share photos, video, audio and more. The Service is intended for users who are at least 18 years old, and you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access, visit or use the Service.
- Acceptance of the Terms. You accept these Terms and agree to be bound by these Terms when you access, visit or use the Service or create a Bumpn account. Please read these Terms carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICE.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and bumpn have against each other are resolved. Unless you opt-out: (A) you will only be permitted to pursue claims against Bumpn on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- Amendments. We may amend these Terms from time to time. We will post any material changes to these Terms on the Service with a notice advising of the changes at least seven (7) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to these Terms by sending an email at least seven (7) days before the effective date of the changes to the email address you most recently provided to us.
If you do not agree to the new terms, you may terminate your account within the applicable seven (7)-day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after seven (7) days. These Terms may not be otherwise amended except in a writing hand-signed by you and an authorized representative of Bumpn. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
- Bumpn Accounts and Registration. You can visit and browse the Service without creating a Bumpn account, but you will not be able to access some features of the Service unless you create a Bumpn account. If you create a Bumpn account, you agree to: (A) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (B) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (C) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if Bumpn has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, Bumpn may suspend or terminate your account and refuse to allow you to use the Service at any time.
- Bumpn Account. Bumpn requires that you sign in with facebook, twitter or your phone number for your user account. Bumpn is not liable for any misconduct or abuse of your facebook, twitter or phone number account through the oAuth.
- Ownership of the Service. Except for User Content (as described below in Section 8), you agree that Bumpn and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs, (the “Bumpn Content”), and all intellectual property rights related to the Bumpn Content. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The Bumpn name, logo and symbols and related names are trademarks and service marks of Bumpn (the “Bumpn Marks”). You agree not to display or otherwise use any Bumpn Marks without Bumpn’s prior written consent.
- Responsibility for User Content. Bumpn allows you to post content to the Service, including comments, data, text, photographs, graphics, video, audio, messages, tags, images, illustrations or other materials (“User Content”). You, and not Bumpn, will be solely responsible for all User Content that you make available through the Service, and other users of the Service, and not Bumpn, are similarly responsible for the User Content that they make available through the Service. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that: (i) you are the sole owner of all User Content that you make available through the Service and/or that you have all rights necessary to make your User Content available through the Service and to grant to Bumpn the rights to your User Content described in these Terms, and (ii) all of your User Content and other information that you provided to us is truthful and accurate. Bumpn has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms or that Bumpn otherwise deems objectionable. Should your account or your User Content be removed from the Service, Bumpn reserves the right to retain your User Content in order to make it available to other users of the Service and also for backup, archival, or audit purposes.
- Content on the Service. Bumpn is an Internet Service Provider (an “ISP”) and does not assume any duty to monitor the Service for inappropriate or unlawful User Content. Bumpn is not responsible for, nor does Bumpn necessarily hold the opinions expressed by, User Content. Bumpn does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation.
- User Content Storage. Bumpn has the right to remove from the Service any User Content you upload that requires storage space in excess of the storage space associated with your account.
Rights in User Content.
- License to Bumpn. Bumpn does not claim ownership of your User Content. However, you grant Bumpn a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future in connection with the Service, all without compensation to you. However, Bumpn will only use this right and license to provide the Service and to grant other users of the Service a right and license to use your User Content in connection with the Service. In addition, if your account settings permit Bumpn to make your user name or profile picture visible to other users of the Service, you give Bumpn permission to display your user name and profile picture in connection with any User Content. You release Bumpn from and against any and all claims of any kind which you may have against Bumpn in connection with such use, including, but not limited to, those based on rights of publicity or privacy. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices.
- License to Other Users’ User Content. Bumpn grants to you a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license, under all the rights licensed to Bumpn by other users of the Service, to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display User Content, solely for non-commercial purposes, that (i) appears in scenes to which you are authorized access by the Service, and (ii) has not been removed or taken down during the any applicable grace period described in Section 9(C) below.
- Grace Period for the Removal of User Content. The Service includes functionality that allows you to add your User Content to scenes you create on the Service, and, if you have access to other users’ scenes, to add your User Content to scenes created by other users of the Service, and allows other users of the Service with access to your scenes to add their User Content to scenes you create on the Service. For a period of seven (7) days following the date you post applicable User Content to a scene that you have created or have access to, you and each other user with access to the applicable scene may remove your User Content from the applicable scene. In addition, if another user posts User Content to a scene you have created or have access to, for a period of seven (7) days following the date the applicable user posts their User Content, you and each other user with access to the applicable scene may remove the other user’s User Content from the applicable scene. Following the applicable seven (7) day period, except as otherwise required by applicable law, neither you nor any other user will have the right or ability to remove User Content from a scene.
- Removal of Users from Scenes. If you are the creator of a scene, or if you have access to a scene where the creator has granted you the right to remove other users from the scene, you will have the right to remove other users from the scene. In addition, if you are the creator of a scene and you have granted other users the right to remove users from the scene, or if you have access to a scene that you have not created, other users will have the right to remove you from the scene. If you remove another user from a scene, or another user removes you from a scene, after you have been, or the applicable user has been, participating in the scene for seven (7) consecutive days or more, you or the applicable user will have the right to receive a copy of the scene as it appears at the time of removal. In addition, if you voluntarily remove yourself, or another user voluntarily removes itself, from a scene, and you have, or the applicable user has, participated in the scene for seven (7) consecutive days or more, you or the applicable user will have the right to receive a copy of the scene as it appears at the time of removal. If you are, or another user is, removed from a scene, whether voluntarily or involuntarily, and you have been, or the applicable user has been, participating in the scene for fewer than seven (7) consecutive days, you or the applicable user will not be entitled to a copy of the scene at the time of removal.
- Acceptable Use. You agree to comply with the Bumpn Acceptable Use Policy.
- User Feedback. Bumpn welcomes and encourages your comments, ideas, and feedback, and you acknowledge and agree that we are free to use them without any restriction or compensation to you.
- Links to Other Websites. The Service may contain links to third-party websites, resources or data, and other users of the Service may post links to third-party websites, resources or data. You acknowledge and agree that Bumpn is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. Links to third-party websites on the Service are not intended as endorsements or referrals by Bumpn of any products, services or information contained on the applicable websites. These Terms do not apply to third-party websites. You should review third-party websites’ terms of service, privacy policies and all other website documents.
- Products and Services Offered For Sale on the Service. From time to time, Bumpn may offer products or services for sale on the Service, either directly from Bumpn or from third-party websites.
- Products Purchased From Third Parties. If you purchase any products or services from third parties that offer their products or services for sale through the Service, the applicable transaction is solely between you and the applicable third party, and will be subject to the terms and conditions agreed to by you and the applicable third party. You agree that the Bumpn Parties (as defined below) will not be responsible or liable for any loss or damage you incur as a result of transactions with these third parties.
- Products Purchased Directly from Bumpn. The purchase of products and services from Bumpn is subject the Bumpn Pricing Terms and Conditions.
- Termination of Your Account. You may terminate your account at any time by contacting us at firstname.lastname@example.org or by deleting your account through the account settings link on your profile page on the Bumpn website. If you terminate your account you will still be able to access and view the Sites, but you will not have access to any of the features and functionality that are available to registered users of the Service. We may also terminate your account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
- Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUMPN AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, AND LICENSORS (COLLECTIVELY, THE “BUMPN PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE BUMPN PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE. THE BUMPN PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE BUMPN PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE.
- Abusing Bumpn. Please report problems, offensive content, and policy violations to us by sending us an email at info@Bumpn.com. We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.
- Copyright Policy. Bumpn respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third parties, such as images, articles or links, you should credit the original source. Bumpn provides content owners with the ability to notify Bumpn if they believe that their work has been used or shared in a way that constitutes copyright infringement. Copyright owners and their authorized agents may submit Digital Millennium Copyright Act (DMCA) notifications to Bumpn as set forth in our DMCA Policy.
- Release. If you have a dispute with one or more other users of the Service, you agree to release the Bumpn Parties from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Indemnity. You agree to indemnify and hold the Bumpn Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms; or (D) your violation of any law or rights of another party.
- Choice of Law and Forum. The laws of the province of Ontario, Canada apply to these Terms and to your relationship with the Bumpn Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in Ontario, Canada. You consent to the exclusive jurisdiction of the courts located in Ontario, Canada.
- Arbitration Agreement and Waiver of Class Remedies.
- Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Bumpn will pay the additional cost.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception- Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- Thirty-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address: Bumpn, Inc., 1886 Merivale Rd Unit 200 Ottawa ON K2G1E6 Canada. The notice must be sent within 30 days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Bumpn also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, Bumpn may terminate your use of the Service.
- Special Provisions for Users Located Outside of the United States & Canada. The Service is intended for users in the United States and Canada. Bumpn’s policies and procedures are based on Canadian law. As a result, if you are using the Service from a country embargoed by the United States or Canada, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not conduct any commercial activities using or through the Service.
- Miscellaneous. Except as explicitly stated otherwise, legal notices shall be served on Bumpn’s national registered agent (in the case of Bumpn) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. You may not assign or delegate any right or obligation you have under these Terms, whether by operation of law or otherwise, without the prior written consent of Bumpn. Bumpn may assign or delegate any right or obligation under these Terms, whether by operation of law or otherwise, without your consent. Bumpn’s failure to exercise or enforce any of these Terms or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is held to be invalid, void or unenforceable under applicable law, then the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability. Headings are for reference purposes only and do not limit the scope or extent of such section. These Terms (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following survive any termination of these Terms: Section 9 (Rights in User Content), Bumpn’s rights in user feedback as set forth in Section 11, Section 16 (Limitation of Liability), Section 19 (Release), Section 20 (Indemnity), Section 21 (Choice of Law and Forum), and Section 22 (Arbitration Agreement and Waiver of Class Remedies). Employees of the Bumpn Parties are not authorized to modify the terms of these Terms, either verbally or in writing. If any employee of the Bumpn Parties offers to modify these Terms, he or she is not acting as an agent for the Bumpn Parties or speaking on Bumpn’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the Bumpn Parties or anyone else purporting to act on Bumpn’s behalf. These Terms are between you and Bumpn; there are no third-party beneficiaries. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. If you have any questions about these Terms or your account, you may contact us by email at email@example.com or by postal mail at:
1886 Merivale Rd Unit 200 Ottawa, ON K2G1E6 Canada