Terms of Use for Bumpley.com
Last modified: October 11, 2008

Acceptance of Agreement
Welcome to Bumpley—an online network that allows you to submit, post, and share reviews on products. Bumpley provides this site to you (“the Website” or “Bumpley”) subject to the following terms and conditions (“Terms of Use” or “Agreement”). By using and/or visiting the Bumpley Website you signify that you have read, understand, and agree to be bound by (1) these terms of conditions and (2) Bumpley’s Privacy Policy found at http://www.bumpley.com/privacy, whether or not you are a registered member of Bumpley. If you do not agree to any of these terms and/or the Bumpley Privacy Policy, you must discontinue use of all Bumpley Services immediately. Bumpley reserves the right to change, modify, add, or delete portions of these Terms of Use at any time without further notice. When such modifications are made, they will become effective immediately upon posting date which is indicated at the top of this page. Your continued use of the Service or the Website after such changes signifies your acceptance of the revised Terms of Use. It is your responsibility to regularly check the Website and review this Agreement to ensure you are updated with any new changes. If you wish to become a Member, you must indicate your acceptance of these terms during the registration process. The Terms of Use apply to all users, visitors, and/or members of the Website, including users who are also contributors of content, information, and other materials or services on the Website.
Eligibility
Use of the Bumpley Services and registration to be a Member is void where prohibited. By using this Website you represent and warrant that all registration information you submit is accurate. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Bumpley reserves the right to terminate your Membership and delete your account without warning for misrepresentation of your age and providing inaccurate and false information.
Term
This Agreement, and any posted revisions of this Agreement, shall remain effective while you use Bumpley Services and even after your Membership is terminated. Bumpley may terminate or suspend any and all Services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use or Privacy Policy. You may also terminate your account for any reason, at any time. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Account Security
When using the Bumpley Website you agree to provide accurate and current information about (1) yourself and (2) all information you provide to/for the Website. You agree to maintain the security of your password and identification. It is your responsibility for maintaining the confidentiality of your password or account details and you are solely responsible for any and all actions that take place using your account. Notify Bumpley immediately at privacy@bumpley.com of any breach of security or unauthorized use of your account. Although Bumpley is not liable for your losses caused by any unauthorized use of your account, you may be held liable for the losses of Bumpley or others due to such unauthorized use.
General Use of Website
Bumpley grants you permission and access to the Website and Services provided that:
  1. Your use of the Website as permitted is solely for your personal, noncommercial use unless authorized by Bumpley otherwise.
  2. You will not copy or distribute any part of the Website in any medium without prior written authorization and consent of Bumpley.
  3. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
  4. You comply with the Terms of Use and Privacy Policy of the Website and all applicable local, national, and international laws and regulations.
  5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Bumpley servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bumpley grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bumpley reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  6. Bumpley reserves the right to discontinue any aspect of the Website at any time.
  7. You agree not to upload, post, transmit, share, store, or otherwise make available:
      a. Any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive, of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
      b. Any unsolicited or unauthorized advertising, solicitations, “spam,” “junk mail,” “chain letters,” or any other form of solicitation.
      c. Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
      d. Any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
      e. Any content, in the sole judgment of Bumpley, that is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Bumpley or its users to any harm or liability of any type.
      f. Any content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
  8. You agree not to solicit personal information from anyone under 18.
  9. You agree not to harass, exploit, abuse, harm, or impersonate another person or entity, or attempt to do the same.
  10. You do not intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Bumpley or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Bumpley logo or other proprietary graphic of Bumpley to link to the Website without the express written permission of Bumpley. Further, you may not use, frame or utilize framing techniques to enclose any Bumpley trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Bumpley’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Bumpley or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Bumpley or any third party without the prior written permission of Bumpley or such other party that may own such patent, trademark, copyright or other proprietary right(s). The Website may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Bumpley does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Bumpley provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Bumpley's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Bumpley accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Website. When you leave the Bumpley Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Content Posted on Website
The Bumpley Website permits the submission of reviews, comments, photos, and information by you and other users and the hosting, sharing, and/or publishing of such submissions (“Content”). You understand that whether or not such Content is published, Bumpley does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own Content and the consequences of posting or publishing them. Bumpley has the right to determine whether any Content or conduct violates the Terms of Use in its sole and absolute discretion. You acknowledge that Bumpley has no responsibility for monitoring, filtering or pre-screening Content, but that Bumpley and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable. You understand that all Content posted to or transmitted through the Website is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Bumpley will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted on the Website, and you hereby release Bumpley and its officers, directors, and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Bumpley reserves the right to preserve and disclose Content posted to or transmitted through the Website if reasonably necessary to enforce this Agreement, comply with a legal process, and protect the rights, property, or personal safety of any party. Bumpley reserves the right to take appropriate legal action against anyone who uses Bumpley in violation of the Terms of Use. Whenever Bumpley learns of any use of the Website in violation of or that may be in violation of any applicable law, Bumpley may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation. By posting or distributing Content to or through the Website, unless we indicate otherwise, you:
  1. Grant Bumpley and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
  2. Grant Bumpley and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose.
  3. Represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You further grant Bumpley the right to pursue at law any person or entity that violates your or Bumpley’s rights in the Content by a breach of these Terms of Use.
Content submitted by users will be considered non-confidential and Bumpley is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Bumpley reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Bumpley is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Bumpley. Bumpley shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
Advertisements and Promotions
Bumpley may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Bumpley, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Bumpley is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on Bumpley in a way that constitutes copyright infringement, please notify Bumpley immediately at copyright@bumpley.com for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement Bumpley will remove or disable access to the allegedly infringing material and notify the site owner via email or private message. Bumpley may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. Bumpley reserves the right to terminate your use of the Website at any time and remove any infringing Content if you infringe the copyright rights of others.
Indemnity
You agree to indemnify and hold Bumpley, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of Bumpley, your connection to Bumpley, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Website or Bumpley services, including, but not limited to, costs incurred for Internet access.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  1. YOUR USE OF THE BUMPLEY WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUMPLEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. BUMPLEY MAKES NO WARRANTY THAT (i) BUMPLEY WILL MEET YOUR REQUIREMENTS, (ii) BUMPLEY OR ANY SOFTWARE PROVIDED TO YOU THROUGH BUMPLEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BUMPLEY WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BUMPLEY WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH BUMPLEY WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BUMPLEY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUMPLEY OR THROUGH OR FROM BUMPLEY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
BUMPLEY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BUMPLEY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES SAFE, BUMPLY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST BUMPLEY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT BUMPLEY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE WEBSITE. YOU USE THE WEBSITE AT YOUR OWN RISK. WITHOUT LIMITATION OF THE FOREGOING, NEITHER BUMPLEY NOR ANY PARTIES PROVIDING WEBSITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY WEBSITE CONTENT OR OTHER INFORMATION OBTAINED FROM BUMPLEY OR ACCESSIBLE VIA THE WEBWEBSITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BUMPLEY'S RECORDS, PROGRAMS OR SERVICES.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Questions and Comments
If you have any questions regarding these Terms of Use or your use of the Website, please submit them to termsofuse@bumpley.com.
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