Last Updated: March 8, 2010
1. ACCEPTANCE OF TERMS
In addition, when using particular BUMPERSOFT services, you and BUMPERSOFT shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. BUMPERSOFT may offer other services from time to time that are governed by different Terms of Services.
No representations or warranties whether express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, or any liability which might otherwise arise from a course of dealing, usage, or trade practice are made with respect to any Materials nor does BUMPERSOFT represent or endorse the accuracy, quality, completeness or reliability of any of the materials contained on, distributed through, or linked, downloaded or accessed from any part of the Web site.
BUMPERSOFT reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Web site or the materials. If at any time the terms and conditions of this TOU are no longer acceptable to you, you should immediately cease all use of the Service.
2. DESCRIPTION OF SERVICE
BUMPERSOFT currently provides users with access to collection of on-line resources, including various information and services through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BUMPERSOFT properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that BUMPERSOFT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BUMPERSOFT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BUMPERSOFT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BUMPERSOFT, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. BUMPERSOFT does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive or objectionable. Under no circumstances will BUMPERSOFT be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable
- harm minors in any way
- impersonate any person or entity, including, but not limited to, BUMPERSOFT official, Services leaders, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreement(s).
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email or otherwise transmit 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
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- intentionally or unintentionally violate any applicable local, state, national or international law, and and any regulations having the force of law
- "stalk" or otherwise harass another
- collect or store personal data about other users
You acknowledge that BUMPERSOFT and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BUMPERSOFT and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. 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.
You acknowledge and agree that BUMPERSOFT may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BUMPERSOFT, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold BUMPERSOFT and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of BUMPERSOFT or the owners of such Content or their authorized persons, if other than BUMPERSOFT. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.
8. MODIFICATIONS TO SERVICE
BUMPERSOFT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BUMPERSOFT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BUMPERSOFT, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BUMPERSOFT believes that you have violated or acted inconsistently with the letter or spirit of the TOU. BUMPERSOFT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that BUMPERSOFT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BUMPERSOFT shall not be liable to you or any third-party for any termination of your access to the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BUMPERSOFT shall not be 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 such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BUMPERSOFT has no control over such sites and resources, you acknowledge and agree that BUMPERSOFT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
We do not sell, resell, or license any of the products or services that we review, list or advertise on BUMPERSOFT, and we disclaim any responsibility for or liability related to them. Your correspondence or related acticities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that BUMPERSOFT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUMPERSOFT 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.
- BUMPERSOFT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUMPERSOFT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUMPERSOFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUMPERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
BUMPERSOFT retains the right to all ownership to its Intellectual Property. All hardware, software, programs, codes trade names, technology, licenses, patents, trademarks, trade secrets, know-how, show-how, copyrights, and processes ("Technology") used by BUMPERSOFT or its Partners under this TOU shall remain the sole property of BUMPERSOFT or its Partners. Member shall have no rights, title or interest in the BUMPERSOFT technology, other than any rights specifically enumerated in this TOU, and upon termination of this TOU. Member shall return everything provided to Member by BUMPERSOFT.
BUMPERSOFT assumes no responsibility for alleged trademark or copyright infringements of the software provided on the Web site. Each author is responsible for providing software free of infringement and any persons or parties asserting infringement violations should contact the authors directly.
Each author retains full copyright rights in and to software provided on the Web site. Use of the software may be subject to certain rules or restrictions imposed by the author. You are not permitted to revise or obscure any author's copyright, trademark or other proprietary information, terms or conditions from any downloaded software.
16. GENERAL INFORMATION
The TOU constitute the entire agreement between you and BUMPERSOFT and govern your use of the Service, superseding any prior agreements between you and BUMPERSOFT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and BUMPERSOFT shall be governed by the laws in force in Malaysia without regard to its conflict of law provisions. You and BUMPERSOFT agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Sabah. The failure of BUMPERSOFT to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
To report any violations of the TOU, please contact us through our Web form and choose the subject line "Other."
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