BY CLICKING ON THE “I ACCEPT” BUTTON”, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE AT LEAST 18 YEARS OF AGE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU CANNOT AGREE TO OR COMPLY WITH THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USE OF THE SITE AND/OR THE BÜMOCIRCLE PLATFORM AND MUST EXIT THE SITE.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 12 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 12.8). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US 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.
Your use of and participation in the BümoCircle Platform are subject to additional terms including, but not limited to, the Acceptable Use Policy.
Certain services offered by or through the BümoCircle Platform may be subject to other additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers.
DESCRIPTION OF THE PLATFORM
Upon completion of the BümoCircle Platform enrollment process (“Enrollment”), you will become eligible to use the BümoCircle Platform (“Users”). The BümoCircle Platform provides Users with access to features such as: (a) creating a personalized profile; (b) posting questions and comments, and replying to questions and comments; (c) access to monthly webinars and exclusive member-only content; and (d) networking inside private communities. At this time, there is an annual fee of $5 for Enrollment in, and use of, the BümoCircle Platform. We reserve the right at any time to adjust the fees for access to some or all of the BümoCircle Platform. If at any time we require an additional fee for portions of the BümoCircle Platform that are now included, we will give you advance notice of such fees. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the BümoCircle Platform.
You understand that the BümoCircle Platform is evolving. You acknowledge and agree that Bümo may update the BümoCircle Platform with or without notifying you.
USERS AND ACCOUNTS
You must be at least 18 years of age (or the age of majority in your state of residence if higher than 18) to enroll to use the BümoCircle Platform. To use the BümoCircle Platform, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify Bümo if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the BümoCircle Platform. We do not guarantee that the BümoCircle Platform is accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the BümoCircle Platform or any component thereof and to block or prevent future access to and use of the BümoCircle Platform and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the BümoCircle Platform will survive such termination.
TERMINATION OF ACCOUNTS
Your right to use the BümoCircle Platform is non-transferable. You agree that the BümoCircle Platform may change from time to time without notice to you. Any new feature that augments, enhances, or modifies the current BümoCircle Platform is subject to these Terms. You agree that Bümo may cancel or suspend the BümoCircle Platform, or terminate your participation in the BümoCircle Platform, in Bümo’s sole and absolute discretion, at any time, for any reason with or without prior notice.
You may terminate your participation in the BümoCircle Platform at any time by using any method listed below.
- Online. Email firstname.lastname@example.org to submit your account termination request.
Upon any termination of your account, you will no longer have access to the BümoCircle Platform and your user ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated.
You agree that termination by you or us will not affect any of our or your rights or your obligations arising prior to the effective date of the termination.
The BümoCircle Platform is owned by Bümo and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the BümoCircle Platform. You may not save or archive a significant portion of the material appearing in or on the BümoCircle Platform. All rights not expressly granted herein are reserved by Bümo.
RESPONSIBLE USE OF THE BÜMOCIRCLE PLATFORM
You may use the BümoCircle Platform for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. No other use is permitted. Without limiting the foregoing, you may not use the BümoCircle Platform: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the BümoCircle Platform; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Bümo in its sole discretion).You agree to defend, indemnity, and hold harmless Bümo and its parents, affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers from and against any actual or threatened claims, actions or demands, liabilities, and settlements (including, without limitation, reasonable legal and accounting fees) resulting (or alleged to result) from your use of any Bümo Platform in any manner that violates or is alleged to violate applicable law or these terms.
- Definition: You will be able to use the BümoCircle Platform to share posts and text—and may, in the future, share photos, videos, links, and other files. All material that you upload, publish, or display to others via the BümoCircle Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the BümoCircle Platform, Your Content may be viewed by the general public. public.
- Ownership: You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the rights granted to us below.
- License and Permission to Use Your Content:
As set forth in more detail below, Bümo and other BümoCircle Platform users may copy, report, or otherwise use anything posted on the BümoCircle Platform. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including, without limitation, chat, text, or voice communications. We have the right, but not the obligation, in our sole and absolute discretion, to pre-screen, review, refuse, and/or remove from the BümoCircle Platform any content. By enrolling in and using the BümoCircle Platform, you provide your irrevocable consent to such monitoring. In the event that BümoCircle pre-screens, refuses, or removes any of Your Content, you acknowledge that Bümo will do so for Bümo’s benefit, not yours.
- By submitting, posting, or displaying Your Content on the BümoCircle Platform, you grant Bümo a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the BümoCircle Platform or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Bümo to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Bümo for the syndication, broadcast, distribution or publication of Your Content through other media or distribution methods. This license also includes the right for other users of the BümoCircle Platform to use and modify Your Content, subject to these Terms.
- Once you make a post, you may edit or delete your post at any time from public display on https://hellobumo.com/bumocircle/. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of https://hellobumo.com/bumocircle/. Bümo may remove suspected spam from your answers. Once you make a post, it may be edited or deleted by Bümo at any time. Any edits and changes made by you may be visible to other users. The right for Bümo to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in these Terms.
- You acknowledge and agree that Bümo may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Bümo, its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the BümoCircle Platform or in violation of these Terms.
- Your Responsibilities: By posting Your Content on the BümoCircle Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Bümo’s Acceptable Use Policy, other published Bümo policies, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
- Storage: Unless expressly agreed to by Bümo in writing elsewhere, Bümo has no obligation to store Your Content that you make available on the BümoCircle Platform. Bümo has no responsibility or liability for the deletion or accuracy of Your Content; the failure to store, transmit or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the BumoCircle Platform. You agree that Bümo retains the right to create reasonable limits on the use and storage of Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by Bümo in its sole discretion.
- Definition: All intellectual property in or related to the BümoCircle Platform (specifically including, but not limited to our software, the Bümo marks, the Bümo logo, but excluding Your Content) is the property of Bümo or content posted by other BümoCircle users licensed to us (collectively “Our Content and Materials”).
- Data: All data Bümo collects (“Data”) about use of the BümoCircle Platform by you or others is the property of Bümo. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You:
- We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the BümoCircle Platform in connection with your use of the BümoCircle Platform, subject to the terms and conditions of these Terms.
- Bümo gives you a limited, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Public Content (as defined below) provided that: (a) the user who created the content has not explicitly marked the content as not for reproduction on the BümoCircle Platform; (b) you do not modify the content; (c) you attribute Bümo by name in readable text and with a human and machine followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on https://hellobumo.com/bumocircle/ on every page that contains the Public Content; (d) upon request, either by Bümo or a user, you remove the user’s name from content which the user has subsequently made anonymous; (e) upon request, either by Bümo or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the BümoCircle Platform; (f) upon request, either by Bümo or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the BümoCircle Platform; and (g) you don’t republish more than a small portion of the Public Content. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Bümo, or any BümoCircle user, without separate, express prior written permission from us. “Public Content” means: (i) public posts submitted on the BümoCircle Platform, (ii) public reples to public comments; (iii) public profile; and (iv) editorial content published by Bümo or Bümo contributors. Public Content does not apply to anything that is private.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the BümoCircle Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- No Endorsement or Verification: The BümoCircle Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the BümoCircle Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the BümoCircle Platform by anyone.
- Ownership: You acknowledge and agree that Our Content and Materials remain the property of Bümo’s users or Bümo. The content, information, and services made available on the BümoCircle Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
SOCIAL MEDIA ACCESS
By providing your cellphone number and using the BümoCircle Platform, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the BümoCircle Platform. Bümo will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. Please contact your participating mobile service provider for pricing plans, participation status and details. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any BümoCircle Platform via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use. You may opt out of receiving text messages from us by emailing email@example.com.
INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
You agree to indemnify, defend, and hold harmless Bümo and its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. Bümo reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Bümo assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the BümoCircle Platform, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
- YOU ACKNOWLEDGE THAT THE BÜMOCIRCLE PLATFORM IS PRE-RELEASE AND HAS NOT YET BEEN COMPLETELY TESTED IN ALL SITUATIONS. THE SERVICES AND FEATURES INCLUDED IN THE BÜMOCIRCLE PLATFORM ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT BÜMO’S SOLE DISCRETION.
- To the extent permitted by applicable law, all material or items provided through the BümoCircle Platform are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the BümoCircle Platform, we do not represent or imply that we endorse any materials or items available on or linked to by the BümoCircle Platform, including, without limitation, content hosted on third party sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the BümoCircle Platform. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms. You agree that your use of the BümoCircle Platform will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the BümoCircle Platform and your use thereof.
- To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the BümoCircle Platform content, the content of any site linked to the BümoCircle Platform, or information or any other items or materials on the BümoCircle Platform or linked to by the BümoCircle Platform. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the BümoCircle Platform, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the BümoCircle Platform by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the BümoCircle Platform. Bümo does not warrant that all errors can be corrected, or that operation of these services will be uninterrupted or error-free.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BÜMOCIRCLE PLATFORM. YOU UNDERSTAND THAT BÜMO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE BÜMOCIRCLE PLATFORM. BÜMO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE BÜMOCIRCLE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE BÜMOCIRCLE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BÜMOCIRCLE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT BÜMO DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
LIMITATIONS ON LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BÜMOCIRCLE PLATFORM, MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.
In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Exceptions to Disclaimers and Exclusions of Damages
If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Bümo.
INITIAL DISPUTE RESOLUTION
We are available by email at firstname.lastname@example.org for any concerns you may have regarding your use of the BümoCircle Platform. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Bümo and limits the manner in which you can seek relief from us.
APPLICABILITY OF ARBITRATION AGREEMENT
You agree that any dispute or claim relating in any way to your access or use of the Site, the BümoCircle Platform or any aspect of your relationship with Bümo, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Bümo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
ARBITRATION RULES AND FORUM
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 845 Cordova Street, Pasadena, CA 91101. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Bümo will pay them for you.
AUTHORITY OF ARBITRATOR
The arbitrator will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Bümo. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
WAIVER OF JURY TRIAL. YOU AND BUMO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bümo are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in this Section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, California. All other claims will be arbitrated.
30 DAY RIGHT TO OPT OUT
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your BümoCircle username (if any), the email address you used to set up your BümoCircle account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
SURVIVAL OF AGREEMENT
This Arbitration Agreement will survive the termination of your relationship with Bümo.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Bümo makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Bümo at the following address: firstname.lastname@example.org.
COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials published in or through the BümoCircle Platform are protected as the copyrights, trade dress, trademarks, and/or other intellectual property of Bümo or its licensors. You may not remove or alter any copyright, trademark, or other proprietary right notice in the BümoCircle Platform. All rights not expressly granted are reserved.
Bümo is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem other than copyright or trademark infringement, please email email@example.com. If Bümo becomes aware of any possible violations by you of these Terms, we may, in our sole discretion, limit, suspend, or terminate a user’s access or account, delay or remove content (including Your Content), and take technical and legal steps to keep users from using the BümoCircle Platform.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY
It is Bümo’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Bümo by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or the BümoCircle Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Contact information for Bümo’s Copyright Agent for notice of claims of copyright infringement is as follows:
ATTN: Copywright Agent
Parc Ventures, Inc.
845 Cordova St
Pasadena, CA 91101
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Copyright Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
The BümoCircle Platform is controlled and offered by Bümo in the United States of America. Bümo makes no representations that the BümoCircle Platform is appropriate or available for use in other locations. Those who access or use the BümoCircle Platform from other countries do so at their own volition and are responsible for compliance with local law.
Links provided within the BümoCircle Platform will allow you to connect to other websites and services that are not under Bümo’s control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
Bümo does not seek or accept unsolicited ideas. By submitting any material to us through any of the BümoCircle Platform, you expressly grant to Bümo a royalty-free, non-exclusive, fully transferable, assignable, and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Bümo and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice, or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the BümoCircle Platform is Parc Ventures, Inc. We are located at 845 Cordova St, Pasadena, CA, 91101. If a user has a question or complaint regarding the Service, please send an email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Bümo.
Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
NO THIRD-PARTY BENEFICIARIES
These Terms are between you and Bümo. There are no third-party beneficiaries.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
If you have any questions about the BümoCircle Platform or these Terms, you can contact Bümo by email at email@example.com.
© 2020 Parc Ventures, Inc.