Terms of Service
1. Glossary
2. Introduction
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2.1 These Terms apply to the App or Site where the User can be registered and see, meet online or chat with other Users for legal, private reasons.
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2.2 These Terms apply to any individual that enters the App or Site. Unless otherwise specified, “You”, “Your” or “Yourself” refers to App or Site visitors and/or Users.
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2.3 By using the App or Site, by registering to use the Service, You agree and acknowledge that You have read all of the Terms of Service of these Terms, You understand all of the Terms of Service of these Terms, and You agree to be legally bound by all of the Terms of Service of these Terms. You also hereby agree to enter into a contract with Us and to comply with and be bound by these Terms, along with any amendments thereto and any operating rules or policies that may be published from time to time by Us. This legal document is a valid and legally binding agreement between You and the Company.
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2.4 You should read the entire Terms carefully before You use the App or Site or any of the Services. If You do not agree to any of these Terms You are forbidden to use the App or Site and the Service.
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2.5 No information contained in or on, and no part of the below mentioned shall constitute part of these Terms, and no representations, warranties or undertakings are intended or purported to be given by the Company in respect of any information contained in or on, or any part of:- all the official social media channels of the Company, including Twitter, Facebook, LinkedIn and the official Telegram channel, as well as any other channels elected by the Company at any time (collectively referred to as “Channels”).
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2.6 The Company reserves the right to change or modify any of the Terms of Service contained in these Terms (or any policy or guideline of the Company) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the App or Site and/or posting the revised Terms on the App or Site and revising the date at the top of these Terms, or such other form of notice as determined by the Company. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the "Notice Period"). Your continued use of the Service following the Notice Period will constitute Your acceptance of such changes or modifications. You are advised to review these Terms whenever You access the Service and at least every 30 days to make sure that You understand the Terms of Service that will apply to Your use of the Service.
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2.7 By signing these Terms of Service, You affirm Your complete and unreserved consent to the entirety of the text contained within these Terms. The Company does not make any representations or warranties, whether express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the App or Site or the information, data, or related materials found on the App or Site for any purpose. Your use of the App or Site is solely at Your own risk.
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2.8 You acknowledge and agree that the App or Site, as well as all associated intellectual property and moral rights, are the exclusive property of the Company. You further agree, represent, warrant, and undertake not to hold the Company liable for any claims or liabilities that may arise.
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2.9 We uphold the intellectual property rights of others. It is our policy to address any claim asserting that content created using the Service on the App or Site infringes on the copyright or other intellectual property rights ("Infringement") of any individual or entity. If You are a copyright owner or authorized representative thereof, and You believe that copyrighted work has been reproduced in a manner that constitutes copyright Infringement, please forward Your claim via email to support@bumpy.app , with the subject line: "Copyright Infringement".
3. Privacy
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3.1 You acknowledge that the privacy policy (made available on the App or Site at https://www.bumpy.app/privacy-policy/) (the “Privacy Policy”), is an integral part of these Terms, and by using the App or Site, the App or Site and the Service, You also agree that You have read, understood, and accepted the terms of the Privacy Policy.
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3.2 The security of Your data is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your personal data, We cannot guarantee its absolute security and We do not take any liability in case of security breaches.
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3.3 The Company processes personal data with due diligence and implements appropriate technical and organizational security measures. The Company disclaims liability for the protection of personal data pertaining to any type of App or Site user who utilize the Service. Additionally, the Company disclaims liability for the content and regulations concerning personal data protection and privacy on other websites or apps, including those referenced by links. The Company shall not be held accountable for damages resulting from browsing other websites or apps or posting personal data or other information on them. Users are advised to review the rules regarding personal data protection and privacy on other websites or apps, including those referenced by links, before utilizing them, particularly before disclosing their personal data or other crucial information.
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3.4 You will be solely responsible for promptly providing all information, approvals, authorisations or data needed for the App or Site to provide the Services, as well as all information needed for the User to use the App or Site and information and User Content uploaded by the User into any part of the App or Site. The User will be responsible and liable for the accuracy and completeness of all such User Content and information. The User will also be responsible for ensuring that all data and User Content or any information provided by the User comply with applicable law, and obtaining all necessary rights to upload, use, and provide the foregoing.
4. Service
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4.1 The Company's App or Site provides the Service, which enables:
- Users registration and own profile creating;
- Looking at other Users profile;
- Expressly like other Users profiles;
- If the User is liked by other Users as well, interact with other User profiles.
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4.2 The Company's Services are limited to the provided access to the App or Site.
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4.3 The Company's responsibility for the Users acts and behavior is limited to the access to the App or Site, Company is not responsible for the way Consumers use the Services.
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4.4 Subject to the entirety of these Terms, We grant to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable permit to access/use certain parts of the App or Site and App or Site Services. You shall not attempt any access to/use of any part of the App or Site Services beyond that/those clearly and unequivocally authorized and intended by Us.
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4.5 The services are provided by the Company on an "As is" And "As available" basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the services, or the information, content, or materials included therein. You expressly agree that Your use of the services, their content, and any services or items obtained from us is at Your sole risk. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components, or that the services or any services or items obtained through the services will otherwise meet Your needs or expectations. The company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
5. Registration
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5.1 In order to access the Service through the App a natural person has to have an internet connection, download the App through a third party marketplace, like AppStore or Google Play. Every marketplace has its own rules and regulations, also minimum requirements for the device or software that We are encouraging You to acknowledge before the download.
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5.2 In order to be registered User, You have to follow such criteria as:
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You are an individual (not a corporation, partnership, or other business entity) who is at least 18 years old.
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You are legally able to enter into a binding contract with the Company.
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You are not in a country under U.S. Government embargo or identified as "terrorist-supporting."
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You are not on any U.S. Government lists of prohibited individuals (such as the U.S. Treasury Department’s Specially Designated Nationals list or similar lists) and do not face any similar prohibitions.
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You are not legally barred from using our Services.
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You have not been convicted of, or pled no contest to, any felony, sex crime, or violent offense, unless you have been granted clemency for a non-violent crime and We have determined you do not pose a threat to other users.
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You are not required to register as a sex offender on any sex offender registry at the state, federal, or local level.
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You have not been previously removed from our Services or those of our affiliates without our express written permission to create a new account.
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5.3 In order to access the Service through the Site a natural person should have a device that allows access to the internet, up-to-date web browser installed and internet connection.
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5.4 The information You have to provide in order to be registered as a User on the Site or App is:
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Your first name
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Your age
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Your goal of the registration (relationship/marriage/chat/travel/learn)
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Your gender
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Your sexual orientation
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Your photos of Yourself with fully visible face
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Your location, which We receive automatically through IP address
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Languages You speak
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5.5 The information You might provide optionally while registered as an User on the Site or App is:
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About You/bio
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Work
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Height
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Weight
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Your ethnicities
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Your nationalities
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School You’ve attended
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Star sign
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Exercise
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Education level
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Marital status
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Whether You have kids
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Drinking
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Smoking
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Pets
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Religion
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Values
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Interests
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5.6 You agree that You are solely responsible (to Us and to others) for the activity that occurs under Your account.
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5.7 You agree to:
- provide accurate, current, and complete information as may be prompted by the registration forms via the App or Site ("Registration Data");
- maintain the security of Your account password;
- maintain and promptly update the Registration Data, and any other information You provide to the Company, to keep it accurate, current, and complete; and
- accept all risks of unauthorized access to the Registration Data and any other information You provide to the Company.
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5.8 You agree that:
- as a natural person, You are of sufficient age (at least 18 years old applicable to any jurisdiction) and capacity under the applicable laws of the jurisdiction in which You reside and the jurisdiction of which You are a citizen to register and to use the App or Site and the Service;
- You shall use the Services, the App or Site only in accordance with applicable laws, these Terms and in the context of legally and morally acceptable manner.
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5.9 The Company may, at any time, and in its sole discretion, deny You the option to open an Account, limit the Account that You may establish and maintain, or suspend any transaction pending our review of any information submitted by You.
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5.10 Upon full registration, You submit an offer to enter into a contractual relationship with the Company based on these Terms. Agreement between You and the Company is concluded with the confirmation of the registration on the Site or App. Upon successful completion of the registration process, the Company will establish Your Account.
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5.11 You are responsible for safeguarding the passwords You use to access the Service and agree to be fully responsible for activities or transactions that relate to Your Account or password. You must notify the Company immediately, if You learn of an unauthorized use of Your Account or password.
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5.12 The agreement is entered into for an unlimited period of time.
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5.13 The creation or use of an Account without obtaining our prior express permission will result in the immediate suspension of any such Account, as well as all use of Service. Any attempt to do so or to assist others (former registered users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such users being terminated, without derogating from any other remedy to which the Company may be entitled for such a violation and the Company may take further actions against You.
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5.14 You are required to notify us immediately of any unauthorized use of Your Account or password, suspected compromise of Your login information, or any other breach of security, by email addressed to support@bumpy.app
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5.15 We may terminate the Account of anyone who does not comply with our verification or security requests, or otherwise violates the foregoing rules, and such individual may be held liable for losses incurred by the Company or by any third party due to their non-compliance and/or violation of rules.
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5.16 The Company reserves its right to terminate Your account and/or restrict the access for its own reasons without an obligation to explain the reason of the termination.
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5.17 Responsibility for Third Party Acts. Your Account is for Your personal use only, and not for the use or access by any third party. In any event, You are fully responsible for all acts or omissions of any third party accessing and/or using Your Account.
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5.18 You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, You warrant not to use methods to conceal the location from which You access the App or Site and that You will disclose to the Company Your accurate and true location. Should the Company determine in its sole discretion that the activity on Your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend Your Account.
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5.19 You agree to receive promotional and/or informational emails from us to the email address You provided in Your Account. Such emails will be canceled upon Your request presented in any such email, when applicable.
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5.20 You acknowledge and agree that, in connection with Your use of the Services through App or Site, You shall be responsible for the following, at Your own cost:
- Obtaining all necessary hardware, software and communication services
necessary for Your use of the App or Site in accordance with the Terms;
- Installing antivirus or other mobile security software on Your device to protect
against any security or other vulnerabilities which may arise in connection with Your use of the App or Site in accordance with the Terms.
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5.21 Without prejudice to the foregoing, the Company assumes that any and all instructions received from Your device on the App or Site have been made by the rightful owner. You are solely responsible and liable for keeping Your device safe and maintaining adequate security and control of Your username, password and shall be likewise solely responsible for any access to and use of Your account on the App or Site and/or in the Application through Your device, notwithstanding that such access may have been affected without Your knowledge, authority or control.
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5.22 For Subscribers in New York:
- The Services do not promise any specific number of "referrals"; instead, subscribers can view as many profiles as their User type allows.
- Subscribers can put their subscription on hold for up to one year by sending email notice to.
- Details on how your information is used and how to access it are in our Privacy Policy.
- You may review the New York Dating Service Consumer Bill of Rights.
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5.23 For Subscribers in North Carolina:
- You may review the North Carolina Buyer’s Rights.
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5.24 For Subscribers in Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
- You can cancel your subscription without penalty at any time before midnight on the third business day after subscribing. If you pass away during your subscription, your estate is entitled to a refund for the period after your death. If you become disabled and cannot use our Services, you may request a refund for the remaining subscription period by contacting the Company.
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5.25 For Subscribers in Denmark:
- To cancel your subscription, you may complete and send the cancellation form that can be requested by an email in the contact section of these Terms. Note: If your subscription was purchased through Apple, you must contact Apple to cancel.
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5.26 For Subscribers in Illinois, New York, North Carolina, and Ohio:
- Our Services are available across the U.S. If you believe you have moved to a location outside our service area, please contact us via email at support@bumpy.app, and We will work with you to offer alternative services or a refund.
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5.27 Exception to Cancellation: You cannot cancel orders for digital content not delivered on a physical medium once processing has begun with your prior consent and acknowledgment that you waive the right to cancel. This applies to purchases of Virtual Items, which are FINAL AND NON-REFUNDABLE.
6. Payments
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6.1 Every payment of a fee, transfer or transaction on the App or Site pertaining to the App or Site and the Service described herein shall be made from the personal account of the User.
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6.2 Access to the App or Site is free, but there is a paid subscription to obtain some additional features that are described on the App and/or Site. Fees are described and available on the App or Site for each particular Service. We reserve the right to change the fees at any time and at Our sole discretion. It is Your responsibility to review the amended fees as described in these Terms and on the App or Site. Your continued use of the App or Site following the posting of a notice of fee changes signifies that You accept and agree to the changes.
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6.3 The App may offer some services as automatically-renewing subscriptions, such as a one-week subscription, one-month subscription, three-month or six-month subscription ("Premium Services"). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at the App's then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If the App changes these prices and you do not cancel your subscription, you agree that you will be charged at the App's then-current pricing for the subscription.
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6.4 Ownership of Your Bank Account. You guarantee to use and provide banking details of the account owned by You exclusively and which is under Your sole and full control, for the purpose of executing any transaction.
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6.5 The Company reserves the right to deny processing any order, or cancel any pending transaction if:
- required to do so by law, regulation, competent court order, or other competent authority;
- the Company considers any such order or transaction to be in conflict with any risk management policy the Company has, or as violating any provision of these Terms, or applicable law or regulation;
- it exceeds any limit which may apply to the number or volume of transactions in any given period, in accordance with Company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or
- such a transaction places the Company’s operation, good name, or reputation at risk.
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6.6 The User shall send the funds needed for the access to desired Service to the App or Site beforehand. Upon the Consumer acquiring the access to desired Service, containing but not limited to premium monthly subscription “Bumpy gold”.
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6.7 Cancellation and Refund Policy. The Consumer acknowledges that executed transactions are non-cancelable and final, unless otherwise specified by applications market place providers like App Store or Google Play, or by this Terms. Consumers cannot change or reverse any transaction - whether completed or pending. The company does not accept any returns or provide refunds for the purchase of Solutions, except for the cases described in this Terms.
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6.8 No Liability for Errors. You acknowledge that the Company will not be liable for any error with respect to the instructions You provide.
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6.9 No Rights, Ownership or Stake. You agree that aforementioned subscription carry no rights, whether express or implied, other than the right to use the additional feature of the App or Site. Subscription do not represent or confer any ownership right or stake, share or security or equivalent rights, intellectual property rights or any other form of participation relating to the Company.
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6.10 Due to the California Automatic Renewal Act, California Subscribers may cancel subscription without penalty or obligation at any time before midnight of the third business day after you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through that service, as detailed in Section 8a. For subscriptions via Apple ID, refunds are managed by Apple. You can request a refund through your Apple ID account on your phone or at Apple Support. All other users may request a refund by contacting Company Customer Service via our email: support@bumpy.app, or by mailing or delivering a signed and dated notice stating that you, the buyer, are canceling this agreement, or words of similar effect. Please include your name and the email address, phone number, or other unique identifier you used to sign up for your account.
7. User content
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7.1 Company reserves the right, but does not have the obligation, to remove, screen, or edit any content, links, comments or materials posted or stored on the Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.
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7.2 Your profile will be visible to others worldwide, so ensure you’re comfortable sharing your content before posting. You understand that your content may be viewed by other users, who may share it with third parties despite these Terms. By uploading content, you confirm you have all necessary rights and licenses, and you grant us a license to use it.
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7.3 We offer tools and features to enhance your expression through your content, and We continuously develop new technologies to improve our services. Some tools may let You generate or enhance content based on Your input. This remains Your content, and you are responsible for its accuracy, use on our services, and any decisions or actions taken based on it. Be cautious in choosing and sharing your content.
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7.4 You agree that We may monitor or review your content, and We reserve the right to remove, delete, edit, restrict, or block access to any of your content at our discretion. Additionally, you acknowledge that We are not obligated to display or review your content.
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7.5 The Company has adopted the following policy regarding copyright infringement in line with the Digital Millennium Copyright Act (the "DMCA"). If you believe that any other Users’ Content or Our Content infringes on your intellectual property rights, please submit a DMCA Takedown Notice, including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.
- Identification of the copyrighted work claimed to be infringed, or if multiple copyrighted works are covered, a representative list of such works.
- Identification of the material claimed to be infringing or subject to infringing activity, along with information reasonably sufficient to enable the service provider to locate the material.
- Information reasonably sufficient to allow the service provider to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that the 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, you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
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7.6 Other Users' content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding other Users Content that may constitute intellectual property infringement please contact us by email at support@bumpy.app.
8. Restrictions
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8.1 While using the App or Site, You undertake to comply with all laws, rules and regulations, applicable to You. You may not:
- transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the App or Site;
- use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the App or Site;
- frame or mirror any part of the App or Site without Company express prior written consent;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the App or Site;
- copy, download, distribute, transmit, upload, or transfer content from the App or Site or the personal information of others without our prior written permission or authorization;
- resell, sub-license, or lease any of the content on the App or Site;
- impersonate or pretend to be anyone else; falsely state or otherwise misrepresent its affiliation with any person or entity in connection with the App or Site; or express or imply that Company endorses any statement You make;
- through use of the App or Site or otherwise, create any software or other code or program that would disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms (except to the extent expressly permitted by the Company in writing);
- directly or indirectly, commit any other act intended to interfere with the App or Site, the intent of the App or Site, or Company business practices including, but not limited to, taking actions that may hinder the performance or intended use of the App or Site. Further, You will not engage, or encourage others to engage, in any unlawful, unfair, misleading, fraudulent, improper, or dishonest acts;
- in any way breach intellectual property rights of any third party or other App or Site User or the Company;
- use third parties personal data without prior consent made accordingly to the applicable legislation;
- engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening;
- relate to commercial activities, including but not limited to sales, contests, promotions, advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" arrangements, and links to other websites or premium phone numbers.
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8.2 Your failure to comply with the restrictions in this Article may result in termination of the access to the App or Site and the user account and You will be held liable for any damages caused by such conduct.
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8.3 The Company shall not be held liable in any way for any of the conduct on the App or Site, as described in this Article and You hereby undertake to indemnify the Company for any such claims, allegations or liability arising out of or in connection with such conduct.
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8.4 The App or Site may contain e-mail services, chat areas, designed to enable You to communicate with others. You understand that by using this App or Site You may be exposed to Content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the Content of any such Communication Services. We will have no liability related to the Content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this App or Site that in the sole opinion of the Company violates community standards, will be removed and the Account of the poster may, at Our discretion, be revoked or suspended.
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8.5 You should be aware that You are responsible for the User content You submit, any communication You make within the App or Site and any legal action arising from it. We do not tolerate:
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hateful or harassing behavior or conduct that encourages or incites hate or harassment in any way;
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stalking or threatening the Users;
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bullying;
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sexism;
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racism;
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ageism;
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ethnic, sexual, religious, disability, or transphobic slurs;
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other hate-based communication.
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8.6 Any of these and other actions may result in a suspension of Your Account.
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8.7 Bumpy App Ambassador Program. By participating in the Bumpy App Ambassador Program, you agree to the terms outlined in the Ambassador Agreement, including the creation and submission of content as directed by Bumpy Inc. You grant Bumpy Inc. an unlimited, perpetual, and royalty-free license to use your submitted content across all platforms for commercial and promotional purposes. In return, you will receive a one-month free subscription to the Bumpy App, with no additional compensation or rights. You also agree not to promote any competing apps during or after this agreement. Bumpy Inc. reserves the right to modify or terminate the program at any time, and you must comply with all instructions and guidelines provided. By submitting content, you confirm your legal eligibility and acknowledge that no further claims for compensation will be made.
9. Suspension or termination
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9.1 The Company may, at its sole discretion, suspend or terminate Your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if the Company suspends or terminates Your license to access or use the Service. Company reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against You for continuing to use the Service during suspension or after termination. Company may recover its reasonable attorneys’ fees and court costs from You for such actions. These Terms will remain enforceable against You while Your license to access or use the Service is suspended and after it is terminated. Except for the license granted to You to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.
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9.2 Providers and Consumers acknowledge and agree that the Company may remove any App or Site feature or any User Content at Company’s sole discretion. The Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the App or Site and the Services (including blocking certain IP addresses) to any person for any reason or for no reason.
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9.3 If the Company terminates or suspends the User’s account the User is prohibited from registering and creating a new account under the User’s real name, a fake name, or the name of any third party. In addition to terminating or suspending the User’s account,the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
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9.4 The User can also delete his or her account at the personal account page.
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9.5 The Company may at any time without prior notice permanently or temporarily terminate the operation of the App or Site.
10. Risk of dissolution of the company
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10.1 You hereby acknowledge and agree to the possibility that due to a number of reasons, including but not limited to the failure of commercial relationships, intellectual property ownership challenges, unfavorable market conditions or market fluctuations and any added compliance and regulatory obligations, the use of the App or Site may no longer be viable or the Company may need to cease the provision of the Service and be dissolved and liquidated.
11. General grant and ownership
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11.1 Unless otherwise expressly indicated in these Terms, (a) all User profiles and User contact information, and (b) all information, materials, and content, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, "Company Materials") are exclusively owned by the Company or are used with permission. You may not use or disclose any of the Company Materials without our express prior written consent.
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11.2 When You post, link, or otherwise make available User Content to the Service, You grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the App or Site, including but not limited to for marketing purposes of the Company. The Company reserves all rights not expressly set forth in these Terms.
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11.3 You will be solely responsible for promptly providing all information, approvals, authorisations or data needed for the App or Site to provide the Services, as well as all information needed for the User to use the App or Site and information and User Content uploaded by the User into any part of the App or Site. The User will be responsible and liable for the accuracy and completeness of all such User Content and information. The User will also be responsible for ensuring that all data and User Content or any information provided by the User comply with applicable law, and obtaining all necessary rights to upload, use, and provide the foregoing.
12. Intellectual Property Rights
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12.1 Company users may report content that appears on/via the App or Site or Service to the Company that he/she thinks violates these Terms, and the Company may remove such content, suspend or terminate the account of the user who made or posted such content and/or take additional action to enforce these Terms against such user.
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12.2 The Company’s name, trademarks, logos, and any other Company product, service name, or slogan included in the Service are property of Company and may not be copied, imitated, or used (in whole or in part) without Company’s prior written consent. The look and feel of the Service, the App or Site and the App or Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or proprietary artwork of Company and may not be copied, imitated, or used (in whole or in part) without Company’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service ("Third-Party Trademarks") are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Company and its licensors with such company or an endorsement or approval by such company or its licensors or their respective products or services.
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12.3 The App or Site is provided “AS IS” for the User’s personal use only. No part of the App or Site and no intellectual property inside it may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,or otherwise exploited for any commercial purpose whatsoever, without the Company’s prior written permission.
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12.4 Acceptable use. When accessing or using App or Site, You agree that You will not:
- Use Intellectual property in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Use the Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
- Encourage or induce any third party to engage in any of the activities prohibited by the Terms or by the law in the USA or in the jurisdiction of Your citizenship and/or residency.
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12.5 The Company reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason.
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12.6 All the content in the User’s profile, including but not limited to the User’s photos, images, textual descriptions shall be the User’s intellectual property. The Company is not responsible for the User’s intellectual property. The User hereby confirms that the content in the User’s profile does not cause any third parties’ IP rights infringement and is compliant with legislation of the USA and the User’s country of citizenship.
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12.7 With respect to the User Content, You represent and warrant that You own all rights, titles and interests in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the App or Site, You hereby grant and will grant Us and Users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your User Content in connection with the operation of the App or Site. Without limiting the foregoing, if any User Content contains Your personal information, image or likeness, You hereby release and hold harmless the Company and its contractors and employees, from:
- all claims for invasion of privacy;
- any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of Your name, image or likeness;
- any liability for claims made by You (or any successor to any claim You might bring) in connection with Your User Content, personal information, image or likeness.
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12.8 You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of Your User Content (including Your name, image etc.). Further, if any Person (other than You) appears in Your User Content. You further acknowledge that Your participation in the App or Site and submission of User Content is voluntary and that You will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or App or Site’s exploitation thereof), and that the sole consideration for the subject matter of these Terms is the opportunity to use the App or Site.
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12.9 You agree that We can use the Content You’ve submitted. You grant to Us, and others acting on Our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to Your Content. You grant Us the right to edit, modify, reformat, excerpt, delete, or translate any of Your Content.
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12.10 You won’t submit stuff You don’t hold the copyright for (unless You have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to post the material (and to grant the Company all the license rights outlined here).
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12.11 Any royalties or licensing on Your Content are Your responsibility.
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12.12 You agree and confirm that if We use Your Content, We’re not violating anyone’s rights or copyrights. If the App or Site or its Users exploit or make use of Your submission in the ways contemplated in this agreement, You promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
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12.13 You acknowledge and agree that the App or Site may contain Content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Us, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the App or Site or its content, in whole or in part, except that the foregoing does not apply to Your own User Content that You legally upload to the App or Site. In connection with Your use of the App or Site, You will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods.
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12.14 Any use of the App or Site or its Content other than as specifically authorized herein is strictly prohibited. The Software underlying the App or Site or distributed in connection therewith is Our property. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
13. Feedback
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13.1 Any suggestions, comments, or other feedback provided by You to the Company with respect to the Service, the App or Site or the Company (collectively, "Feedback") will constitute confidential information of the Company. The Company will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
14. Third-party advertising
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14.1 The Company may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between You and the applicable third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
15. External Websites
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15.1 The Company makes no representations, and takes no responsibility whatsoever regarding any third party websites or apps, services, or content that You may access through the App or Site. The App or Site may present links or other forms of reference to other websites or apps (the “External Websites”) or resources over which the Company has no control. You acknowledge that the Company may present such links or references to You only as a convenience and that Company does not endorse any of the External App or Site services or offerings made to You or any content provided therein. The Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the App or Site, including opinions, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. If You access any such External Websites You agree that You do so at Your own risk and You agree that We will have no liability arising from Your use of or access to any External Websites.
16. Availability
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16.1 You acknowledge that the Company only provides the technical applications to enable the contact between the Users. The Company is not liable for any contact between them. The Company can not be held responsible for the quality of any communication.
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16.2 The Users acknowledge that a 100% availability of the App or Site, the App or Site and of the Service is technically not possible. Events beyond the Company's control can lead to short-term disruptions or temporary suspension of the App or Site and of the Service. The Company excludes, as far as legally permissible, liability for all damages in connection with service interruptions. You waive Your right to complaint, if any technical problem occurs while using the App or Site. On that occasion You are encouraged to inform Us about any technical issue on the App or Site.
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16.3 Company is not liable for any technical or other problems connected to use of the App or Site or data posted by other Users, You may contact only the particular User on that matter.
17. Compliance
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17.1 Your use of the App or Site, the App or Site and Service must be in compliance with all laws and regulations applicable to You based on Your applicable jurisdiction. It is Your exclusive responsibility to ensure that Your use of the App or Site and Service is compliant with the applicable laws and regulations.
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17.2 Where the Company believes that Your use of the App or Site and/or Service may not be fully compliant with applicable laws and regulations, including, but not limited to, where there is any reason to suspect that Your use of the Service involves any prohibited activities, We may refuse to provide You access to the App or Site or the Service, process Your transactions, in addition to any other action which We may deem reasonable.
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17.3 Applicable Sanctions. You warrant that You will comply with all applicable international economic sanctions and any requirement therein.
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17.4 Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to Your transactions on the App or Site. The Company is not and will in no event be deemed as providing any tax advice or consultation. It is Your responsibility to report and remit the potential taxes payable to the appropriate tax authorities.
18. Risks
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18.1 ONLINE COMMUNICATION, AS WELL AS ONLINE DATING INVOLVES SIGNIFICANT RISKS. THERE ARE LOT OF PERSONS WHO SEEK TO COMMIT FRAUD IN ORDER TO OBTAIN OTHER PEOPLE'S FINANCIAL RESOURCES. YOU SHOULD ALWAYS COMMUNICATE WITH OTHER USERS VERY CAREFULLY. DO NOT SHARE ANY PERSONAL, BANKING INFORMATION OR INFORMATION OR CONTENT THAT CAN MAKE YOU VULNERABLE. NEVERTHELESS, COMPANY IS NOT LIABLE FOR ANY ACTIVITIES OF OTHER USERS. IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF CHATTING AND DATING ONLINE IS SUITABLE FOR YOU DEPENDING ON YOUR DIGITAL KNOWLEDGE.
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18.2 You acknowledge that the Company is not a licensed internal or international marriage broker or other marriage or dating agency in respect to any legislation. The Company provides access to the App or Site where Users can communicate without matchmaking by the Company on their own, the access is free and only some additional features are paid.
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18.3 You must follow Your local legislation and You can not use the Service if App or Site or Service, are prohibited in Your country of residency or citizenship.
19. Legal disclaimer
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19.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS'' AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE SOFTWARE, DATA PROVIDED VIA THE SERVICE, ANY CONTENT, ANY USER CONTENT, THE APP OR SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE APP OR SITE AND THE COMPANY MATERIALS), AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.
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19.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE SOFTWARE, DATA, PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE APP OR SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE APP OR SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY SOFTWARE, DATA MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
20. Indemnification
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20.1 You agree, at Your sole expense, to defend, indemnify and hold the Company (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of Your conduct or any actual or alleged breach of any of Your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of Your representations or warranties as set forth in these Terms).
21. Limitation of liability
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21.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE SOFTWARE, DATA PROVIDED VIA THE SERVICE, ANY CONTENT, ANY USER CONTENT, THE APP OR SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE APP OR SITE AND COMPANY MATERIALS) OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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21.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE SOFTWARE, DATA PROVIDED VIA THE SERVICE, ANY CONTENT, ANY USER CONTENT, THE APP OR SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE APP OR SITE) OR THIRD-PARTY TRADEMARKS EXCEED THE AMOUNT OF THE AMOUNT OF COMPANY EARNED BY APP OR SITE FROM THE COMPLIANT PERSON.
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21.3 SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
22. Arbitration
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22.1 PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
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22.2 In the event of any controversy or claim arising out of or relating in any way to these Terms, the Service or the App or Site, You and the Company agree to consult and negotiate with each other and, recognizing Your mutual interests, try to reach a solution satisfactory to both parties. If We do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the European Court of Arbitration. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but You and the Company are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, You and the Company intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
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22.3 If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the European Court of Arbitration. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
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22.4 No class action. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
23. Miscellaneous
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23.1 Independent Contractors. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
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23.2 Assignment. You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of the Company. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. The Company may assign these Terms without Your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
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23.3 Confidentiality. Confidential information refers to any information, data, or material that is disclosed or made available to an individual or entity, either orally, in writing, or through any other means, which is treated as confidential and not publicly known. Confidential information typically includes, but is not limited to:
- Trade Secrets: Proprietary information, such as formulas, processes, methods, techniques, or algorithms that provide a competitive advantage to a company and are kept secret.
- Business Strategies and Plans: Non-public information related to a company's business strategies, marketing plans, expansion plans, product development, or financial projections.
- Customer and Supplier Information: Non-public information about customers, clients, suppliers, or vendors, including contact details, transaction history, pricing agreements, or any other information obtained in the course of business relationships.
- Intellectual Property: Patents, trademarks, copyrights, or any other protected intellectual property, including designs, inventions, software, logos, or creative works.
- Financial Information: Confidential financial statements, budgets, forecasts, revenue figures, or any other financial data that is not publicly disclosed.
- Personal Information: Personally identifiable information (PII) of employees, customers, or any other individuals, including names, addresses, social security numbers, or any other sensitive personal data.
- Contracts and Agreements: Non-public information contained in contracts, agreements, or any legal documents, including terms, conditions, pricing, or any other provisions.
- Research and Development: Non-public information related to ongoing research, experiments, studies, prototypes, or discoveries that have not been made public.
- Operational Information: Non-public information about internal processes, procedures, systems, or any other operational details that are not publicly disclosed.
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23.4 Electronic Communications. By using the Service, You agree that We may communicate with You electronically regarding Your use of the Service and that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw Your consent from receiving electronic notice, please notify us at support@bumpy.app
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23.5 Severability. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
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23.6 Absence of Waiver. Any failure or delay by the Company to enforce the Terms or exercise any right therein will not be construed as a waiver to any extent of the rights of the Company. The Company cannot therefore be held liable in the case of non-performance or improper performance of the Terms by You, a third party or in case of Force Majeure.
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23.7 Force Majeure. The Company is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, pandemics, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by the Company, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
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23.8 Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, Account cancellation, debts owed, general use of the Company App or Site, disputes with Company, and general provisions.
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23.9 Governing law. These Terms shall be governed by and construed in accordance with the United States of America, excluding its rules regarding conflict of laws.
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23.10 English Language Controls. Any translation of the Terms, if provided, is provided for Your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
24. Questions
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24.1 If You have any questions regarding the use of the Service, the App or Site, please email the Company at support@bumpy.app