TERMS & CONDITIONS OF USE
Bumfloat, LLC, a Georgia limited liability company (“Bumfloat”), requires all users and visitors to the www.bumfloat.com website (“Site”) to agree to these terms and conditions (“Terms & Conditions” or “Agreement”).
Please read this Agreement carefully and, if you do not agree to all of the terms and conditions, you should not use or access this Site. By using or accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions and agree to be bound by them. As used herein, a “User” is an individual that has created a user account through the Site and a “Visitor” is an individual that is using or accessing the Site, but has not created a user account. The term “Services” is used herein to collectively refer to the various services and functionality offered to Users through the Site.
(a) The content, including without limitation, text, images, data, graphics, animation, video and/or the arrangement of any of the foregoing on the Bumfloat website provided by Bumfloat and any Submissions (“Bumfloat Content”) are all subject to protection as the intellectual property of Bumfloat and such Bumfloat Content located on the Site and any other website owned, operated, licensed or controlled by Bumfloat or any of its related, affiliated or subsidiary companies may not be copied (in whole or in part), reproduced, stored, displayed, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Bumfloat. Any unauthorized modification or use of the Bumfloat Content for any purpose violates Bumfloat’s intellectual property rights.
(b) The content, including without limitation, text, images, data, personal information, graphics, animation, video and/or the arrangement of any of the foregoing on the Bumfloat website provided, submitted, posted or uploaded by User or Visitor of the website, but excluding Submissions (“Non-Bumfloat Content”), may be subject to protection as the intellectual property of the User or Visitor that submitted or posted the Non-Bumfloat Content and/or may be protected under state of federal laws and such Non-Bumfloat Content located on the Site and any other website owned, operated, licensed or controlled by Bumfloat or any of its related, affiliated or subsidiary companies may not be copied (in whole or in part), reproduced, stored, displayed, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the corresponding User or Visitor.
(c) Each User or Visitor providing, submitting, posting or uploading any Non-Bumfloat Content to the Site hereby grants to Bumfloat a non-exclusive, worldwide right to copy (in whole or in part), reproduce, store, display, distribute, republish, upload, post or transmit the Non-Bumfloat Content for purposes of providing the Services to Users and Visitors. The license granted herein shall be irrevocable for Non-Bumfloat Content provided, submitted, posted or uploaded by a Visitor to the Site. Such license may be revoked by a User to the Site for any and all Non-Bumfloat Content provided, submitted, posted or uploaded by the User or a Visitor to the webpages on the Site associated with the User’s account, but only by providing written notice to Bumfloat via certified mail, return receipt requested, at the following address: ATTENTION: REVOKED LICENSE, BUMFLOAT, LLC, 875 INMAN VILLAGE PARKWAY NE, ATLANTA, GEORGIA 30307. Such notice and revocation shall be effective ten (10) business days following Bumfloat’s receipt and the notice, but only to the extent such notice (1) includes the user name and password for the User and (2) describes in reasonable detail the specific Non-Bumfloat Content to which such revocation applies so as to reasonably enable Bumfloat to identify and remove the corresponding Non-Bumfloat Content from its systems.
(d) Bumfloat grants to Users and Visitors a personal, nontransferable, revocable and limited license to view Bumfloat Content in connection with their authorized use and accessing of the Site and Services. No other right, title or interest to Bumfloat Content or to use or access the Site or Services is granted. Neither title to Bumfloat Content nor any intellectual property rights therein is transferred to a User or Visitor by using or accessing the Site or Services, but ownership of all rights therein shall remain solely with Bumfloat, which owns full and complete title to the Bumfloat Content and all intellectual property rights therein.
(e) BY ACCESS TO THIS SITE YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR WHATEVER MATERIAL YOU SUBMIT, INCLUDING, WITHOUT LIMITATION, ANY NON-BUMFLOAT CONTENT AND SUBMISSIONS, AND YOU, NOT BUMFLOAT, HAVE FULL RESPONSIBILITY FOR SUCH MATERIAL, INCLUDING ITS LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY AND COPYRIGHT. YOU FURTHER ACKNOWLEDGE THAT (I) YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR USERNAME, PASSWORD AND ANY ENCRYPTION KEY PROVIDED TO YOU FOR ACCESSING THE SERVICES OR SITE OR CONTENT STORED THEREON OR ACCESSIBLE THERETHROUGH, AND (II) BUMFLOAT ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR A LOST USERNAME, PASSWORD OR ENCRYPTION KEY.
All remarks, suggestions, ideas, or other information communicated to Bumfloat by a User or Visitor regarding the Services and Site, including its functionality (a “Submission”) will forever be the property of Bumfloat. Bumfloat will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Bumfloat operations. Without limitation, Bumfloat will have the exclusive ownership of all present and future existing rights to all Submissions of every kind and nature everywhere. Bumfloat will be entitled to use Submissions for any commercial or other purposes whatsoever without compensation to any person sending a Submission.
3. Notice and Takedown Procedures; Copyright Agent
(a) If you believe any materials accessible on or from the Site (including other User’s or Visitor’s posts and submissions) infringe your copyright rights, you may request removal of such content (or access thereto) by submitting a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to Bumfloat’s designated Copyright Agent (identified below) which sets forth the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the material that you believe to be infringing and its location on the Site. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(iii) Your name, address, telephone number and (if available) e-mail address.
(iv) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
(c) You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
(i) If your user submission was removed (or access thereto is disabled), and you believe such submission is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to Bumfloat’s designated Copyright Agent:
(1) Your physical or electronic signature;
(2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Bumfloat’s is located, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
(ii) If a counter-notice is received by the copyright agent, Bumfloat’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Bumfloat’s sole discretion.
(iii) In an effort to protect the rights of copyright owners, Bumfloat’s maintains a policy for the termination, in appropriate circumstances, of accounts of Users of the Site who are repeat infringers.
4. Proper Use.
(a) You agree that you are responsible for your own use of the Site and Services, for any posts you make, and for any consequences thereof. You agree that you will use the Site and Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
(b) The following additional content restrictions apply to the Site:
(i) You may not use the Site or Services to promote adult content;
(ii) You may not post images, video or textual content that depicts or encourages incest or bestiality;
(iii) You may not use the Site or Services to post any content that exploits children, including, without limitation, child pornography or pedophilia (violation of this Section 4(b)(iii) will be reported to law enforcement);
(iv) You may not use the Site or Services to post content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
(v) You may not use the Site or Services to threaten other people, including posting death threats or other content encouraging others to take violent action against another person or group of people.
(vi) You may not use the Site or Services to post content that violates the copyright rights, rights of privacy or other proprietary or intellectual property rights of a third party;
(vii) You may not use the Site or Services to post another person’s personal and confidential information, including, without limitation, their credit card numbers, Social Security numbers, unlisted phone numbers, and/or driver's license numbers, without their express permission.
(viii) You may not use the Site or Services to impersonate others or attempt mislead or confuse readers by pretending to be someone else or pretending to represent someone or an organization when you don’t.
(ix) You may not use the Site or Services in illegal activities or to promote dangerous and illegal activities. For example, don't author a blog encouraging people to drink and drive. Otherwise, we may delete your content. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.
(x) You may not use the Site or Services to transmit viruses, cause pop-ups, attempt to install software without another user’s consent, or otherwise impact other users with malicious code.
(c) If you violate the terms of this Section 4, Bumfloat, in its sole discretion, may do one or more of the following: disable your access to your account, reporting you to law enforcement; immediately termination of this Agreement and your right to use the Site and Services, delete content posted to your account, and may subject you to state and federal penalties and other legal consequences. Bumfloat reserves the right, but shall have no obligation, to investigate your use of the Service or Site in order to (i) determine whether a violation of the Agreement has occurred or (ii) comply with any applicable law, regulation, legal process or governmental request.
5. No Warranties or Representations; DISCLAIMER; LIMITATION ON Liability, INDEMNIFICATION
(a) THE BUMFLOAT CONTENT AND NON-BUMFLOAT CONTENT, THE SERVICES AND THE SITE ARE PROVIDED FOR THE USE OF USERS AND VISITORS IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN AND ON THE SITE. THE BUMFLOAT CONTENT AND NON-BUMFLOAT CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OF BUMFLOAT OR ANY OF ITS AFFILIATES, REPRESENTATIVES OR AGENTS. BUMFLOAT DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED VIA THE SERVICE OR SITE OR ENDORSE ANY OPINIONS EXPRESSED VIA THE SERVICE OR SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED VIA THE SERVICE WILL BE AT YOUR OWN RISK. THE BUMFLOAT CONTENT AND NON-BUMFLOAT CONTENT IS NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL BUMFLOAT CONTENT AND NON-BUMFLOAT CONTENT BEFORE ACTING OR RELYING THEREON.
(b) THE BUMFLOAT CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT LEGALLY PERMITTED, BUMFLOAT HEREBY EXPLICITLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. BUMFLOAT DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE HARDWARE AND SOFTWARE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUMFLOAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE BUMFLOAT CONTENT AND NON-BUMFLOAT CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BUMFLOAT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(c) BY ACCESSING THIS SITE AND USING THE INFORMATION PROVIDED ON IT, YOU AGREE THAT BUMFLOAT (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND AND THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS BUMFLOAT, ITS AFFILIATES, EMPLOYEES AND AGENTS FROM ANY CLAIM OR ALLEGATION ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR ACCESS TO THE SITE AND SERVICES; ANY NON-BUMFLOAT CONTENT AND SUBMISSIONS PROVIDED, SUBMITTED, POSTED OR UPLOADED BY YOU; AND/OR YOUR BREACH OF THIS AGREEMENT. TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY VIOLATION OR BREACH OF THESE TERMS & CONDITIONS BY BUMFLOAT.
(d) YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OF OR RELATED TO USE OF THE SITE OR SERVICES OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
(e) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUMFLOAT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USE OR INABILITY TO USE THE SITE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), OR CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, AND EVEN IF BUMFLOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUMFLOAT’S TOTAL LIABILITY ARISING UNDER OR IN ANY WAY CONNECTED WITH OR ARISING FROM YOUR USE OF THE SITE OR SERVICES EXCEED THE AGGREGATE AMOUNT YOU HAVE PAID TO BUMFLOAT IN THE PRECEDING THREE (3) MONTHS IMMEDIATE PRECEDING THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
(a) These terms and conditions will be governed and interpreted pursuant to the laws of the State of Georgia, inside the United States of America, notwithstanding any principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (1) arising out of, relating to, or concerning this site and/or this Agreement, (2) in which this Site and/or this Agreement is an issue or a material fact, or (3) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this Section and the warranty disclaimers and liability exclusions above. Bumfloat has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is NOT authorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with all applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.
(b) Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Atlanta, Georgia, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
(c) Bumfloat can revise these Terms & Conditions at any time by updating this posting. This Site may be linked to other sites, which are not maintained by Bumfloat. Bumfloat is not responsible for the content of those sites.
(d) You agree that no joint venture, partnership, employment or agency relationship exists between you and Bumfloat as a result of this Agreement or your use of this Site.
(e) Bumfloat’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Bumfloat’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Bumfloat with respect to such use.
(f) You acknowledge, as between you and Bumfloat, that Bumfloat owns all right, title and interest in and to the Site and Services, including the Bumfloat Content (but excluding the Non-Bumfloat Content), including all intellectual property rights therein (the “Bumfloat Rights”). Bumfloat Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Bumfloat Rights. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service or Site. All trademarks and service marks are the property of Bumfloat or the respective trademark owners. Except for the limited, non-exclusive, revocable right and license to use the Bumfloat Content, Site and Services as set forth herein, you do not receive any right or license to use any of the Bumfloat Rights without Bumfloat’s prior written consent.
2012© Bumfloat, LLC. All Rights reserved.