Terms of Service
1. General.
1.1 This Agreement governs your use of this web site (thebump.com) and its associated services, including interactive chat, forum, bulletin boards, and "my bump" accounts, which are owned and operated by The Bump Media, Inc. (The Bump) and its subsidiaries, affiliates, divisions and related companies.
1.2 The Bump reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by The Bump as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of The Bump or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the web site wanting to use the content for commercial use must obtain prior express written permission from The Bump.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the web site any content owned by you and you grant to The Bump the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights for any content posted by you.
2.3 Some content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement where specified within the web site. When using such content, you agree to maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of The Bump or the owners of such content or their authorized persons if other than The Bump.
3. Rules of Conduct.
You shall not post on the web site any content which:
(a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;
(b) contains viruses or other contaminating or destructive features;
(c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or
(d) otherwise violates any applicable law or reputation. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic.
You shall not use the web site for any commercial purpose not expressly approved by The Bump, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.
4. Managing Content Posted by Users other than The Bump Staff.
The Bump cannot review the content posted by users on the web site in real time and is not responsible for such content. However, The Bump reserves the right to delete, move or edit any content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. The Bump shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 The Bump does not represent or endorse the accuracy or reliability of any content posted by members in areas such a blogs, forums, and the like and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on our web site by users are the views of the user posting the statement, and do not represent the views of The Bump, its advertisers, or otherwise related parties.
5.2 The web site contains links to sites on the Internet, which are owned and operated by third parties. You acknowledge that The Bump is not responsible for the availability of, or the content located on or through any third party site. You should contact the site administrator or Webmaster for any site for which you may have a concern.
6. Indemnity.
You agree to indemnify, defend, and hold The Bump Media, Inc. and its affiliates, advertisers, partners, employees, and / or any other party related to the web site (thebump.com), and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "The Bump Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred in connection with any use or alleged use of the web site or related service under your user name by any person, whether or not authorized by you. The Bump reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Bump's defense of such claim.
7. Termination of Service.
The Bump reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the web site, including the "my bump" area, at any time for any reason without prior notice or liability. The Bump may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including my bump features), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER THE BUMP MEDIA, INC. NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE BUMP MEDIA, INC., ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR THE CONTENT. THE WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER THE BUMP MEDIA, INC., THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER THE BUMP MEDIA, INC. NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER THE BUMP MEDIA, INC. NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE BUMP MEDIA, INC., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous.
This Agreement shall be construed in accordance with the laws of the State of Arizona, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Maricopa County in the State of Arizona. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
10. Privacy.
Our Privacy policy can be found here: http://www.thebump.com/privacy