Date of last revision: 9th November 2013.
The Agreement governs your access to and use of Buqqit’s Services (“Buqqit’s Services” means Buqqit’s Website, products, and services).
1. COMPANY INFORMATION
Buqqit’s Services are operated by Buqqit Inc, a company established and registered according to the laws of the state of Delaware with Registration Number 5398834 and with a mailing address at 204 E 2nd Ave #156, San Mateo, CA 94401.
Buqqit Inc (“Buqqit”, “we”, “our” or “us”) operates giveitBuqqit.com (“the Buqqit Website”), a place where people come to connect and share.
This Agreement constitutes legally binding terms and applies to all access to, and use of, Buqqit’s Services.
By accessing, using, and/or continuing to use any of Buqqit’s Services, you agree to be bound by, and comply with:-
this Agreement (as amended from time-to-time);
all Additional Terms (“Additional Terms means separate guidelines, rules, or terms of service setting forth additional or different terms and/or conditions which apply to your use of a particular service or product offered by Buqqit or via Buqqit’s Services); and
all Applicable Law (“Applicable Law” means all laws, rules and regulations applicable to your access to and/or use of Buqqit’s Services).
In absence of your agreement to the above, you are not authorized to use, and you should discontinue use of, all of Buqqit’s Services.
You agree that:-
Buqqit may give you notices of new, revised or changed terms and other important matters by prominently posting notice on Buqqit’s Website, or in another reasonable manner, such as sending a Message containing such notice from Buqqit to you on Buqqit’s Services, and/or to the e-mail you associated with your account for notices.
Buqqit may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your profile settings;
Buqqit may send Messages whose content may include, but not be limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with Buqqit’s Services, and/or the services of Buqqit’s affiliates and/or third-party business partners.
Buqqit can contact you to address transactional and operational issues related to your account, profiles, membership and/or activities in connection with Buqqit’s Services
(“Messages” means any private and public messages, emails, comments, chat content private Buqqit messages, public comments, public group chat messages, private group chat messages or private instant messages)
3. TERM OF AGREEMENT
Even after your membership is terminated, or you cease using Buqqit’s Services, some terms of your agreement(s) with Buqqit will remain in effect, including, for example, Sections 5-25, except as may be mutually agreed.
Use of Buqqit’s Services and registration to be a member for Buqqit’s Services is void where:-
such use and registration is prohibited by Applicable Law, this Agreement and/or any applicable Additional Terms;
By using Buqqit’s Services, you represent, warrant and agree that:-
all registration information you submit is truthful and accurate;
you will keep such information accurate and up-to-date. In the event that you change or deactivate your email address and/or your mobile telephone number, you must update your account information on Buqqit within 48 hours;
you are 13 years of age or older (you are not permitted to use Buqqit’s Services if you are under 13); and
Your account will be deleted and your membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful. Registered sex offenders and those convicted of violent crimes are not eligible for membership of any of Buqqit’s Services.
By accessing and/or using any of Buqqit’s Services you are a deemed to be a “User”. A “User” is someone who accesses and/or uses Buqqit’s Services and includes visitors to, and registered members of, Buqqit’s Services.
After registration as a member of Buqqit’s Services, you may create your account, and its associated profile(s) in accordance with the terms of this Agreement. You may not create an account for anyone other than yourself without the other person’s permission.
5. PERMITTED USE
Buqqit’s Services are for the personal use of Users. Buqqit’s Services may only be used for direct commercial purposes if they are specifically endorsed or authorized by Buqqit.
6. PROFILE SETTINGS
Buqqit may allow you to create multiple accounts and one profile for each account.
We may offer you, from time to time, the ability to choose how you share or make your profile, or aspects of it, available to others by means of profile settings, which functionality may change as Buqqit’s Services evolve.
Buqqit currently makes all profiles of all members public by default. You may adjust your settings ‘here’ https://giveitBuqqit.com/settings.
We will make good faith efforts to honor profile settings, but Buqqit is not responsible for errors and we reserve the right to change the way profile settings and preferences work from time to time, so visit your profile settings regularly to ensure that the reflect your preferences and to see how we may have added or changed how you can exercise choice.
You may not use any profile for purpose of impersonation, deception or confusion.
If you select a profile name or similar identifier for your account(s), we reserve the right to remove or reclaim it (e.g. when a trademark owner complains about a username that relates closely to their trademark but not to the User’s actual name).
7. ACCOUNT SECURITY
You are solely responsible for any and all use of your account and all Content you post on Buqqit’s Services (“Content” means text, Messages, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, or any other materials or content).
When you register to become a member, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of any password you choose.
not to use the account, username, email address or password of another member at any time or to disclose your password to any third party;
to notify Buqqit immediately if you suspect any unauthorized use of your account or access to your password;
not to do anything which may jeopardize the security of your Buqqit account(s).
When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from Buqqit by the same method. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Buqqit may interact with law enforcement regarding your use of Buqqit’s Services. You acknowledge and agree that Buqqit may make your information available to law enforcement.
Linked Services. Linked Services created by third party developers may be available on, through or in connection with Buqqit’s Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your profile, or elsewhere on Buqqit’s Services, shared with other Users on Buqqit’s Services, otherwise accessed via Buqqit’s Services, or which may link to your profile from outside of Buqqit’s Services.
Linked Services may use your profile information, friends and/or other profile Content on the Linked Service and share activity events between Buqqit and the Linked Service (depending on the features the Linked Service chooses to make available).
We may offer you certain ability to control what is initially shared with Linked Services through your profile settings, or permission options otherwise made available to you (e.g., when downloading, accessing or activating Linked Services), and we will use good faith efforts to honor those choices.
Buqqit may have limited control or no control at all over the content, operations, policies, terms, or other elements of any Linked Service, and Buqqit does not assume any obligation to review any Linked Service. Buqqit does not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items. Buqqit is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by any Linked Service and makes no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof).
Buqqit encourages you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
Finally, Buqqit will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services.
Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
Hyperlinks to Buqqit. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to Buqqit’s Services, so long as:-
the links only incorporate text, and do not use any trademarked logos or graphics that are owned by or licensed to Buqqit, without Buqqit’s prior authorization; and
the links and the content on your website do not suggest any affiliation with Buqqit or cause any other confusion; and
the links and the content on your website do not portray Buqqit or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Buqqit.
Buqqit reserves the right to suspend or prohibit linking to Buqqit’s Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
10. SHARING YOUR CONTENT
You are solely responsible for:-
the Content that you post on, through or in connection with any of Buqqit’s Services and/or Linked Services;
any material or information that you transmit to other Members;
for your interactions with other Users; and
the Content posted on your account(s), regardless of whether the Content was posted by you.
Each time you submit any Content, you represent and warrant that:-
you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor (including yourself) who is depicted in or contributed to any Content you submit;
you are the sole author and/or owner of the Content posted by you on, through or in connection with Buqqit’s Services, or otherwise have the lawful right to grant the license set forth in Section 10 or that is provided in any Additional Terms, all without any obligation on Buqqit to obtain consent of any third party and without creating any obligation or liability of Buqqit;
the Content posted by you is accurate;
the posting of your Content on, through or in connection with Buqqit’s Services and/or Linked Services and the Content itself does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity, and
the Content will not violate this Agreement (including the prohibitions in Section 10 or any Additional Terms, or cause injury or harm to any person.
You agree to pay all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through Buqqit’s Services and/or Linked Services.
Please choose carefully the information that you post on, through or in connection with Buqqit’s Services and that you provide to other Users. You acknowledge that the internet, and the technology of Buqqit and third parties used to enable it, may be subject to breaches of security and that you are aware that submissions of Content may not be secure, and you will consider this before submitting any Content.
Your profile may not include any form of Prohibited Content (as defined in Section 11) below.
Despite this prohibition, information, materials, products or services provided by other Buqqit members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Buqqit assumes no responsibility or liability for this material. If you become aware of misuse of Buqqit’s Services by any person or Linked Service, please email us at hi@giveitBuqqit.com.
Buqqit reserves the right to limit the storage capacity of Content that you post on, through or in connection with Buqqit’s Services.
Buqqit may reject, refuse to post or delete any Content that, in the sole judgment of Buqqit, violates this Agreement, is inappropriate for Buqqit’s Services and/or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, we are not obligated to take any action not required by law.
Any breach by you of this Section 10 and of Section 11 below will be subject to the indemnification obligations set forth in Section 21 below. We reserve the right to request at any time proof of the permissions you claim to have in a form acceptable to us. Failure to provide such proof may lead to, among other things, the Content in question being removed from Buqqit’s Services.
Buqqit’s Services are a community and inherently a social media experience. Your activities, Content and Content consumption may be viewable by, or shared with, others on and off of Buqqit’s Services, including advertisers. You consent to this, and, as detailed in Section 12, you irrevocably grant us the sublicensable right to use and exploit your name, persona, likeness, pseudonym, profile picture, information and Content, and to share it with others, without any obligation or remuneration to you. This may include, without limitation, associating you with commercial, sponsored or related content. If you are not the age of majority where you reside, you represent and warrant that your parent or guardian has read this section and consented and agreed on your behalf.
11. PROHIBITED CONTENT AND PROHIBITED ACTIVITY
Buqqit may (without limitation, in its sole discretion, and without any obligation to):-
review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted by any User (including you); and
delete, move, re-format, remove or refuse to post or otherwise make use of Content, all without notice or any liability to you or any third party in connection with our operation of Content venues in an appropriate manner.
If at any time Buqqit chooses, in its sole discretion, to review or monitor Buqqit’s Services, Buqqit nonetheless assumes:-
no responsibility for the Content;
no obligation to modify or remove any Content; and
no responsibility for the conduct of the User submitting any such Content.
We limit use of Buqqit’s Services to Content and activities that we deem to be appropriate to our venue. Buqqit is the sole judge of what activities and/or Content on Buqqit’s Services is appropriate and inappropriate for the purposes of this Agreement.
Buqqit reserves the right to investigate and take appropriate action against anyone who, in Buqqit’s sole discretion, violates Sections 10 and/or 11, including, without limitation, taking legal action, removing Content from Buqqit’s Services, terminating the membership of such violators and/or reporting such Content or activities to law enforcement authorities.
The following are examples, without limitation, of the kind of Content that is illegal, or prohibited to post on, through or in connection with Buqqit’s Services. “Prohibited Content” includes, but is not limited to, Content that, in the sole discretion of Buqqit:-
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or links to an adult website;
solicits or is designed to solicit personal information from anyone under age 13;
solicits or is designed to solicit an inappropriate or unlawful relationship with another User;
publicly posts information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on Buqqit’s Services without authorization);
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
depicts firearms or other weapons that is not related to sportsman activities;
solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from Buqqit such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person’s consent;
uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
violates the law and/or
violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
unauthorized commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation.
Prohibited Content may be removed from profiles, accounts and all Buqqit’s Services without notice or explanation.
The following are examples, without limitation, of the kind of activities that are illegal, or prohibited to post on, through or in connection with Buqqit’s Services. “Prohibited Activity” on, through, or in connection with Buqqit’s Services includes, but is not limited to:-
criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of Buqqit’s Services. You may not transmit any chain letters, junk email or unsolicited commercial or inappropriate Messages to other members. In order to protect our members from such advertising or solicitation, Buqqit reserves the right to restrict the number of Messages which a member may send to other members in any 24-hour period to a number which Buqqit deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk Messages or other unauthorized commercial communications of any kind through Buqqit’s Services, you acknowledge that you will have caused substantial harm to Buqqit, but that the amount of such harm would be extremely difficult to ascertain. To the maximum extent permitted by applicable law, as a reasonable estimation of such harm, you agree to pay Buqqit Inc Fifty Dollars ($50) for each actual or intended recipient of such unsolicited Message or other unauthorized commercial communication you send through Buqqit’s Services;
unless permitted by law, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of Buqqit’s Services;
activity that involves the use of viruses, malicious code, bots, worms, spiders, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to Buqqit’s Services, a computer and/or a computer network;
except as may be permitted by Additional Terms or our intended use of functionality made available by us to you on Buqqit’s Services, modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from Buqqit’s Services (other than your Content which you legally post on, through or in connection with Buqqit’s Services) or as may be the result of standard search engine activity or use of a standard Internet browser;
providing or using “tracking” or monitoring functionality in connection with Buqqit’s Services, including, without limitation, to identify other Users’ views, actions or other activities on Buqqit’s Services;
covering or obscuring the advertisements and/or safety features (e.g., reporting functionality) on your profile, or any portion of any Buqqit’s Services or Content on Buqqit’s Services via HTML/CSS or any other means;
any automated use of Buqqit’s Services, including but not limited to, using scripts or other code to connect to profiles, send comments, or perform any other activity on Buqqit’s Services;
interfering with, disrupting, disabling, impairing the proper working or appearance of, or creating an undue burden on, Buqqit’s Services or the networks or services connected to Buqqit’s Services;
facilitating or encouraging any violations of this Agreement or other Buqqit Policies;
impersonating or attempting to impersonate Buqqit or a Buqqit employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
for profiles containing a Buqqit player, copying the code for your Buqqit Player and embedding it (or directing others to embed it), hosting or posting it anywhere other than in your profile (except as where may be permitted through Additional Terms);
soliciting login information from any member and/or using an account, username, or password of another member at any time;
tagging other Users without their consent;
disclosing your password to any third party or, knowingly or unknowingly permitting any third party to access your account;
doing or failing to do anything that may jeopardize the security of your account(s);
creating an account for another person without their permission;
providing false personal and/or registration information to Buqqit or on Buqqit’s Services;
selling or otherwise transferring your profile, username, vanity URL (which all belong to Buqqit and is licensed to you pursuant to the license set forth in Section 12);
using or distributing any information obtained from Buqqit’s Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
the unauthorized collection and/or use of usernames, user id numbers or similar designation, email addresses or other personal information of Users by electronic or other means;
employing third party promotional sites or software to promote profiles for money;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through Buqqit’s Services on behalf of that person, such as placing commercial content on your profile; links to e-commerce sites not authorized by Buqqit; posting comments with a commercial purpose; selecting a profile with a commercial purpose as one of your top connections; or sending Messages with a commercial purpose;
using invalid or forged headers to disguise the origin of any Content transmitted to or through Buqqit’s computer systems, or otherwise misrepresenting yourself or the source of any Message or Content;
using any automated system, including, but not limited to, robot, both rover, spider, scraper, crawler, spyware, scripts, engine, device, software, extraction tool in order to monitor, harvest, copy or distribute (except as may be a result of standard search engine activity or use of a standard Internet browser) Content, Messages, email addresses or other personal information of Members, or other data from Buqqit’s Services for the purposes of sending unsolicited or unauthorized material, selling to data aggregators or similar entities, or revealing personal information publicly;
engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
the unauthorized posting of any private information of any person;
offering to sell, barter or trade, or selling, bartering or trading for your vote in any aspect of Buqqit’s Services that provides a voting functionality;
modifying, adapting, translating, altering, reverse engineering, copying, decompiling, reverse assembling, disassembling, unencrypting, unhashing, or creating derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from any portion of Buqqit’s Services or the data or technology underlying their operation;
using Buqqit’s Services if you are under 13 years old; and/or
using Buqqit’s Services in a manner inconsistent with this Agreement or Applicable Law.
12. PROPRIETARY RIGHTS IN CONTENT ON Buqqit’S SERVICES
Buqqit does not claim any ownership rights in the Content that you transmit, submit, display or publish (“post”) on, through or in connection with Buqqit’s Services.
After posting your Content on, through or in connection with Buqqit’s Services, you continue to retain any such rights that you may have in your Content, subject to the limited licenses you grant to others in this Agreement.
By posting any Content on, through or in connection with Buqqit’s Services, you hereby grant to Buqqit (and its successors and affiliates) a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable, perpetual, and transferable license to use, modify, delete from, add to, combine with other content, prepare derivative works of, perform publicly and privately, display publicly and privately, reproduce, transmit, sell, distribute, and otherwise exploit Content you post or publish on, through, or in connection with Buqqit’s Services by all means and manners now or later known, including, without limitation, in any media formats and through any media channels including, without limitation, through Linked Services (“Linked Service” means third party applications, widgets, websites, and/or mobile, desktop, and/or other services which are linked with your account at your election)).
Content submitted by Users and authorized by Users to be distributed on Linked Services need not be maintained on Buqqit’s Services by us for any period of time, and Users will not have the right, once submitted, to access, archive, maintain or otherwise use such Content on Buqqit’s Services or elsewhere.
The license you grant to Buqqit and its successors and affiliates under this Agreement is perpetual. However, after you remove your Content from Buqqit’s Services, we will make commercially reasonable efforts to remove such specific deleted Content from further distribution on Buqqit’s Services, as soon as practicable. However, please be aware that any distribution of your Content that may have occurred by you or other Users via Linked Services, or otherwise (e.g., posted on third party User’s profiles, sent by you to other Users, contributed to a mashup of Content from multiple Users, etc.) may continue to be displayed, distributed and used. Further, deleted Content may persist in archival copies on Buqqit’s servers for a reasonable period of time. You understand and agree that once Content is distributed to a Linked Service, or incorporated into other aspects of Buqqit’s Services (e.g., as part of a derivative work), Buqqit is under no obligation to delete or ask other Users or a Linked Service to delete that Content; therefore, it may continue to appear and be used indefinitely. The above licenses granted by you in comments you submit to Users on Buqqit’s Services are perpetual and irrevocable.
You also hereby grant to Buqqit, and agree to grant to Buqqit, the unconditional, perpetual, irrevocable, sublicensable, fully-paid and royalty free right to use, share and exploit your name, persona, and likeness, and your profile information and information about your activities on Buqqit’s Services (including, without limitation, your activities in connection with our sponsors and advertisers), without any obligation or remuneration to you. However, from time to time we may offer you choices regarding how information about you is shared and we will make good faith efforts to honor your elections.
Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted to Buqqit hereunder. You understand that you will not receive any fees, sums, consideration, or remuneration of any kind for any of the rights granted in this Section 12. If you are a minor, you represent and warrant that your parent or legal guardian has consented to you granting the rights as set forth in this Section 12, and/or that are provided in any Additional Terms.
your Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned to you, and
Buqqit does not assume any obligation of any kind to you or any third party with respect to your Content.
You consent to, and provide all rights necessary to, enable Users to sync (including through an application) their devices with any information that is visible to them on Buqqit’s Services. You also hereby grant each User of Buqqit’s Services a non-exclusive, worldwide, royalty-free, fully-paid, license to access your Content through Buqqit’s Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of Buqqit’s Services and under this Agreement.
In your communications with Buqqit, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or improvements to products or services, (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us (via Buqqit’s Services or otherwise) are deemed User Content and you grant a license to us and waive your moral rights in respect of all Unsolicited Ideas and Materials as detailed in this Section 12. In addition, Buqqit retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Buqqit’s receipt of your Unsolicited Ideas and Materials is not an admission by Buqqit of their novelty, priority, or originality, and it does not impair Buqqit’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
Buqqit’s Services contain Content owned by Buqqit (“Buqqit Content”). Buqqit Content is protected by copyright, trademark, patent, trade secret and other laws, and Buqqit owns and retains all rights in Buqqit Content and Buqqit’s Services. Buqqit hereby grants you a limited, revocable, nonsublicensable license to reproduce and display Buqqit Content (excluding any software code) solely for your personal use in connection with viewing Buqqit Website and using Buqqit Services, and in connection with standard search engine activity or use of a standard Internet browser (e.g., for making cache copies).
Buqqit’s Services contain Content of Users (“User Content”). Except as otherwise provided within this Agreement, or in any Additional Terms, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through Buqqit’s Services.
Buqqit’s Services contain Content of third party licensors that are not Users (such licensors, “Third Party Licensors” and such content “Third Party Content”). Third Party Content is protected by copyright, trademark, patent, trade secret and other laws, and each Third Party Licensor retains rights in its Third Party Content. Subject to any applicable Additional Terms, you are hereby granted a limited, revocable, non-sublicensable license to view, or listen to, as applicable, the Third Party Content solely for your personal, non-commercial use in connection with viewing and using Buqqit’s Services and in connection with standard search engine activity or use of a standard Internet browser (e.g., for making cache copies). Except for the foregoing limited license, and except as otherwise expressly provided in writing by Buqqit, you are granted no right, title or interest in any Third Party Content. You are only granted a limited license, and, as between you and Buqqit, there is not a sale with respect to Third Party Content. Except as otherwise provided within this Agreement or applicable Additional Terms, or directly authorized by Buqqit and/or a Third Party Licensor on Buqqit’s Services (e.g., as part of a promotion that encourages you to download specific Third Party Content for your use in connection with such promotion), you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third Party Content (except as may be a result of standard search engine activity or use of a standard Internet browser).
This Agreement and any Additional Terms include only narrow, limited grants of rights to Buqqit Content and to use and access Buqqit’s Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.
All rights not expressly granted to you are reserved by Buqqit and its licensors and other third parties. Any goodwill that is created in connection with your use of Buqqit Content or Buqqit’s Services inures to Buqqit. Any unauthorized use of any Buqqit Content or Buqqit’s Services for any purpose is expressly prohibited.
13. PROTECTING INTELLECTUAL PROPERTY
Buqqit respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity, including Buqqit.
It is Buqqit’s policy to terminate, in appropriate circumstances, the membership of repeat or substantial infringers.
If you believe your work has been copied and posted on or through Buqqit’s Services in a way that constitutes copyright and/or trademark infringement, please see Buqqit’S Copyright Policy and Buqqit’s Trademark Policy which detail how you may notify Buqqit of your complaint(s).
14. FEES, OFFERS AND REFUNDS
You acknowledge that Buqqit reserves the right to charge for any portion of Buqqit’s Services and to change its fees (if any) from time to time in its discretion on a prospective basis.
Orders are accepted by us only upon delivery by us of the product or services. We may change terms and conditions of offers from time to time and may refuse or cancel orders; provided, however, that if we have charged you prior to rejecting an order we will issue a refund.
We try to accurately describe our products and services, and their pricing, but typos and other errors may occur so we do not warrant that specifications, pricing or other Buqqit Content or Buqqit’s Services will be complete, error-free, current, reliable or accurate. We will make good faith efforts to post corrections when such mistakes of a material nature are discovered and we will provide you with suitable means to allow you to correct any input errors you make before you make a payment for Buqqit’s Services.
If Buqqit terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If you terminate your membership, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If Buqqit terminates your membership, or any ongoing Buqqit’s Services for which you have paid, other than for your breach of the Agreement (or of applicable Additional Terms), then as your sole remedy, Buqqit shall provide a pro-rata refund of any fees or payments (if any) for Buqqit’s Services that you paid for but that were not yet delivered.
Buqqit may require that you agree to certain Additional Terms for some Buqqit’s Services, such as related to fee-based portions of Buqqit’s Services (e.g., fees to access certain content from your mobile, tablet or internet connected television or other device). For Members in the European Union, you acknowledge that you have no right to any cooling-off period under the Distance Selling Directive (Directive 97/7/EC) on the basis that we will provide you Buqqit’s Services before or immediately after we receive your payment for such services.
15. MEMBER DISPUTES
You are solely responsible for your interactions with other Users, third party developers and any other parties with whom you interact through Buqqit’s Services and/or Linked Services so use caution when dealing with others. Buqqit reserves the right, but has no obligation, to become involved in any way with these disputes.
You may terminate your membership of all and any of Buqqit’s Services at any time, for any reason, by following the instructions in your profile settings.
Buqqit may, at any time, for any or no reason, with or without prior notice or explanation, and without liability (except that you may have certain refund rights as provided in Section 14):-
terminate your membership of all or any part of Buqqit’s Services;
deny, restrict, suspend, or terminate your access to all or any part of Buqqit’s Services
In addition, Buqqit reserves the right, in its sole discretion, to reassign or rename your username and/or profile URL and to allow indexing of such URL by third party search engines.
Buqqit expressly reserves the right to remove your profile or Content, in whole or in part, and/or deny, restrict, suspend, or terminate your access to all or any part of Buqqit’s Services, if Buqqit determines, in its sole discretion, that you have violated this Agreement, are acting in a manner we deem inappropriate for Buqqit’s Services, or pose a threat to Buqqit, its employees, business partners, Users and/or the public.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Buqqit IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
Buqqit CONTENT ON OR PROVIDED THROUGH Buqqit’S SERVICES;
THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF);
THE THIRD PARTY CONTENT;
THE LINKED SERVICES;
THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH Buqqit’S SERVICES;
ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN Buqqit’S SERVICES; AND/OR
SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM Buqqit OR OTHERS VIA Buqqit’S SERVICES.
IN ADDITION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Buqqit IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF Buqqit’S SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN Buqqit’s SERVICES OR LINKED SERVICES.
PROFILES AND LINKED SERVICES ON, THROUGH OR IN CONNECTION WITH Buqqit’S SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. Buqqit IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY Buqqit. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON Buqqit’S SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY Buqqit. WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. Buqqit TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH Buqqit’S SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES.
Buqqit IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF Buqqit’S SERVICES OR LINKED SERVICES. Buqqit ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION.
Buqqit IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF Buqqit’s SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH Buqqit’S SERVICES OR LINKED SERVICES.
UNDER NO CIRCUMSTANCES SHALL Buqqit BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF Buqqit’S SERVICES OR LINKED SERVICES, ATTENDANCE AT A Buqqit EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH Buqqit’S SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF Buqqit’S SERVICES, WHETHER ONLINE OR OFFLINE.
Buqqit’S SERVICES AND YOUR ABILITY TO ACCESS THE LINKED SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND Buqqit EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
Buqqit CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF Buqqit’S SERVICES OR LINKED SERVICES.
THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
18. LIMITATION ON LIABILITY
IN NO EVENT SHALL Buqqit BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM:-
YOUR USE OR INABILITY TO USE Buqqit’S SERVICES (INCLUDING THE CONTENT AND Buqqit CONTENT) OR LINKED SERVICES, OR THE PERFORMANCE OF Buqqit’S SERVICES OR LINKED SERVICES,
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY Buqqit OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF Buqqit’S SERVICES,
ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS,
ANY ERRORS OR OMISSIONS IN Buqqit’S SERVICES’ TECHNICAL OPERATION, AND/OR
ANY DAMAGE TO A USER’S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF Buqqit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Buqqit’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Buqqit FOR Buqqit’S SERVICES DURING THE TERM OF YOUR MEMBERSHIP. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF Buqqit WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF Buqqit’S SERVICES).
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Residents of the European Union are entitled to the following exclusion to the disclaimers or limitation of liability: nothing in this Agreement shall operate to exclude or limit our liability for death or personal injury caused by its negligence; fraud or fraudulent concealment; or any other liability which cannot be excluded or limited under applicable law.
19. U.S. EXPORT CONTROLS
Software available in connection with Buqqit’s Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from Buqqit’s Services or otherwise exported or re-exported in violation of U.S. export laws, including restrictions pursuant to the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Departments’ Table of Deny Orders, or the U.S. Export Administration Regulations. Downloading or using the Software is at your sole risk and subject to compliance with all Applicable Laws.
20. DISPUTE RESOLUTION
a. “Dispute” means any controversy, allegation, or claim between you and Buqqit arising out of or relating to Buqqit’s Services, Buqqit Content, the Content, this Agreement, or any Additional Terms, whether heretofore or hereafter arising.
This Section 20 applies to all Users of Buqqit’s Services. You and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation to provide you with such notice. Your notice to us must be sent to: Buqqit Inc, 204 E 2nd Ave #156, San Mateo, CA 94401.
For a period of sixty (60) days commencing on the date of receipt of notice from the other party, Buqqit and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Buqqit to resolve the Dispute on terms with respect to which you and Buqqit, in each of our sole discretion, are not comfortable.
b. Jurisdiction. The parties agree that the state or federal courts in Santa Clara County, California shall have non-exclusive jurisdiction of any Dispute.
c. Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, this Agreement, any Additional Terms and any Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the California, without regard to its conflicts of law provisions.
d. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE AS DETAILED IN 20.a WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
e. Injunctive Relief. The foregoing provisions of this Section 20 will not apply to any legal action taken by Buqqit to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to Buqqit’s Services, any Content, your User Content and/or Buqqit’s intellectual property rights (including such Buqqit may claim that may be in dispute), Buqqit’s operations, and/or Buqqit’s products or services.
21. INDEMNITY AND WAIVER OF INJUNCTIVE RELIEF
Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Buqqit’s election) and hold Buqqit, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from all “Claims and Losses”. “Claims and Losses” means all and any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees and costs, alleged by any third party due to or arising out of or in connection with:-
your use of and/or access to Buqqit’s Services or Linked Services;
your activities in connection with Buqqit’s Services or Linked Services;
your violation or anticipatory violation of any Applicable Law in connection with your use of and/or access to Buqqit’s Services or Linked Services, or your activities in connection with Buqqit’s Services or Linked Services;
any Content posted Buqqit’s Services via your Buqqit account or via Linked Services, regardless of whether such Content was posted by you;
any breach of your agreements, representations and warranties set forth in this Agreement;
any Content that you post on, through or in connection with Buqqit’s Services or Linked Services;
information or material transmitted through any device used by you to access Buqqit’s Services, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
any misrepresentation made by you;
Buqqit’s permitted use of the information that you submit to us (including your Content).
You will cooperate fully as required by Buqqit in the defense of all and any Claims and Losses.
Notwithstanding the foregoing, Buqqit retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Buqqit.
Buqqit reserves the right to assume the exclusive defense and control of any Claims and Losses.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF Buqqit’S SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY Buqqit (INCLUDING YOUR CONTENT LICENSES TO Buqqit) OR A LICENSOR OF Buqqit. However, you acknowledge that any breach or anticipatory breach by you of this Agreement may result in harm to Buqqit not capable of a remedy of money damages alone and accordingly in addition to any action at law for damages, Buqqit will be entitled to seek injunctive and other equitable relief.
22. SOFTWARE END USER LICENSE AGREEMENT
Buqqit may offer Buqqit’s Services via software applications designed to run on specific operating systems, including, without limitation, mobile operating systems, including any updates and upgrades thereto, (the “Software”). The Software is Buqqit Content. Subject to the terms of this Agreement, Buqqit grants you a limited, non-exclusive, non-sublicenseable license to use the Software solely to access Buqqit’s Services. You are not authorized to use the Software in any other manner.
Without limiting the generality of the foregoing, you must not and must not allow any third party to:-
Modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software or Buqqit’s Services or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing Buqqit’s Services through the Software;
Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the Software;
Obtain or attempt to obtain unauthorized access to Buqqit’s Services through the Software;
Block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute a part of Buqqit’s Services as made available via the Software;
Incorporate, integrate or otherwise include the Software or any portion of it (including the communications protocols) into any other service, software, program or product that communicates, accesses, or otherwise connects with Buqqit’s Services or any other Internet or online service other than as provided by Buqqit;
Use the Software in any unlawful manner, for any unlawful purpose;
Use the Software to operate any mission critical application where human life or property might be at stake. The Software and Buqqit’s Services are not designed for such purposes and their failure in such cases could lead to death, personal injury, or property damage for which Buqqit is not responsible;
Sell, lease, loan, distribute, transfer, or sublicense the Software, or access thereto or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise;
Develop a skin or application for use in connection with the Software that infringes the intellectual property or other rights of Buqqit or any third party;
You may install and personally use the Software only in object code form on a device controlled by you for your own non-commercial use or benefit. Buqqit may at any time and in its sole discretion revoke your license to use the Software or suspend or terminate your access to the Software without notice or explanation. If your license to use the Software terminates, you must:-
remove the Software from all hard drives, networks, devices and other storage media, and
destroy all copies of the Software in your possession or under your control.
You agree that, from time-to-time, the Software may download upgrades, updates, and/or additional features onto your device.
All rights in any third-party data, software, or intellectual property are reserved and remain with the respective third party owners or licensors. These third parties may enforce their rights against you directly.
Buqqit’s Services may offer certain features and services that are available to you via your wireless device used to access Buqqit’s Services. These features and services may include the ability to access Buqqit’s Services’ features and upload content to Buqqit’s Services, receive Messages from Buqqit’s Services, and download applications to your wireless device (collectively, “Wireless Features”).
Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance.
Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or device. You should check with your carrier to find out what plans are available and how much they cost or any other questions regarding these carrier-related issues.
You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device. Further, we may collect information related to your use of the Wireless Features, including for the purpose of sending you targeted advertisements.
If you have registered via Buqqit’s Services for Wireless Features, then you agree to notify Buqqit of any changes to your wireless contact information (including phone number) and update your accounts on Buqqit’s Services to reflect the changes. You may uninstall our applications to terminate Buqqit’s Services related to them.
24. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
Buqqit controls and operates Buqqit’s Services from its U.S.-based offices in the United States, and Buqqit makes no representation that Buqqit’s Services is appropriate or available for use beyond the U.S.A. If you use Buqqit’s Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
Buqqit’s Services may describe products and services that are available only in the United States (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of Buqqit’s Services and/or the provision of any content, program, product, service, or other feature described or available on Buqqit’s Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
BY ACCESSING OR USING Buqqit’S SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE Buqqit’S SERVICES.
You and we disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.
This Agreement is accepted by you upon your accessing any of Buqqit’s Services, and is further affirmed by you registering as a member and any continued access to or use of Buqqit’s Services.
Your agreement with Buqqit will always include this Agreement at a minimum, except to the extent modified by another agreement to which we have mutually agreed. Your access and use of certain Buqqit’s Services will require you to accept Additional Terms applicable to such certain Buqqit’s Services, in addition to this Agreement, and may require you to download Software or provide Content.
The failure of Buqqit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Buqqit may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Buqqit.
This Agreement operates to the fullest extent permissible by law.
If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the remainder of the provision is not affected, we reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.
To contact us regarding any questions about this Agreement, please email us at hi@giveitBuqqit.com.
Effective Date: November 9th 2013
Date of Last Revision: November 9th 2013.
Thank you for using Buqqit! We wrote this policy to help you understand what information we collect, how we use it, and what choices you have. Because we’re an internet company, some of the concepts below are a little technical, but we have tried to explain things in a simple and clear way.
Buqqit’s Services are designed to make it easy for you to share your Content with anyone you want (“Buqqit’s Services” means Buqqit’s website (giveitBuqqit.com), products, and services and “Content” means text, private Buqqit messages, public comments, public group chat messages, private group chat messages, private instant messages, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, or any other materials and content). Buqqit’s Services are operated by Buqqit Inc (“Buqqit”, “we”, “us” or “our”).
You decide how much information you feel comfortable sharing on Buqqit’s Services and you control how it is distributed through your settings. You should review the default settings and change them if necessary to reflect your preferences. You should also consider your settings whenever you provide us with information, and/or otherwise share information on Buqqit’s Services.
Please note that the activities of third parties that:-
provide services (including advertising services) to Buqqit;
you link to from us;
may collect information about you themselves;
we may share your information with;
are governed by the respective privacy policies of those third parties, and not by Buqqit.
3. WHAT INFORMATION DO WE COLLECT?
The personal information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you). We collect and use both types of information.
3.1. Information you provide to us
Registration and profile information:
When you register for Buqqit’s Services, you voluntarily give us certain information. This can include your name, profile photo, email address, date of birth, gender and any other information you provide us. After you create an account, you may choose to provide additional information on your profile(s) such as location, hometown, relationships, interests, education, job history, and contact information.
All account registration and profile information is, by default, publicly available (except your email address, time zone, and videos you have set to the ‘make my videos private’ setting). This means that this information:-
is publicly available information and may be accessed by everyone on the internet (including people not logged into Buqqit’s Services);
is subject to indexing by third party search engines;
may be associated with you outside of Buqqit’s Services (such as when you visit other sites on the Internet); and
may be imported and exported by us and others without privacy limitations.
Once registered, you can visit your profile(s) at any time to add or remove personal information about yourself.
One of the main reasons people use Buqqit’s Services is to share Content with others, e.g., when you upload or record a video.
When you decide to post Content, comments, or other materials to another member’s profile, a Content page, or elsewhere on Buqqit’s Services, that information will be disclosed, and available to third parties consistent with the settings for the relevant page or other User, even if those settings are inconsistent with your own settings. In addition, your video viewing may be part of your profile Content as well as any Content pages that you view. Similarly, if you connect to a public profile, the fact that you have connected to that public profile will be available to anybody with access to Buqqit’s Services. Some of the Content you share and the actions you take will show up on other User’s pages and the notifications function.
As mentioned above, certain categories of information will always be publicly available and, therefore, shared with third parties. Such information includes your name, profile photo, project description, list of followers and pages you are following, gender, Buqqit profile URL, Buqqit profile cover, stated location, and Buqqit IDs. Therefore, these categories of information do not have privacy settings. Any additional profile Content associated with and/or posted on a profile page, will also be publicly available (except videos you have set to the ‘make my videos private’ setting).
You can review and change the default settings in your settings.
If you choose to delete Content that you posted on Buqqit’s Services or delete your account:-
we will remove it from your Buqqit profile;
we have no control over its use outside of Buqqit’s Services. It is important to note that if you share information with others, they may copy that information or share it with others, including with the public. Buqqit is not responsible for the actions of those with whom you choose to share your information;
even after you remove information from your profile or delete your account(s), copies of that information may remain viewable elsewhere if it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other Users. You understand that information might be re-shared or copied by other Users;
Buqqit may retain backup information related to your account and associated profile(s) on our servers for as long as is reasonably necessary after cancellation of your account(s) for purposes including fraud detection, site operation or to comply with laws or our internal security policies;
you should be aware that, due to the nature of certain internet and mobile technologies outside of our control your account may not be instantly inaccessible to others, and there may be a delay in the removal of your information and Content from elsewhere on the internet and from search engines;
certain types of communications that you send to other Users cannot be removed, such as comments you make on other User’s pages.
If you use an external source to publish Content and information to Buqqit’s Services (such as a mobile application), you should check the setting for that post, as it is set by that external source.
If you do not want us to store metadata associated with Content you share on Buqqit’s Services, please remove the metadata before uploading the Content to Buqqit’s Services.
When you give us permission to access information about you from another party:
You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to Buqqit’s Services, which allows us to obtain information from those accounts (e.g., name or username, photo, biographical or demographic information, likes and interests, connections, Content accessed with that account etc.). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
Buqqit may receive various types of information about you from other third parties, including demographic information, personal information, web usage information, inferences drawn from that data, and unique device identifiers.
We may supplement or otherwise combine the information we collect directly through Buqqit’s Services with information received or collected from third parties.
Your media consumption activities (e.g. the types of videos you are watching on Buqqit’s Services) may be tracked through your use of Buqqit’s Services.
We may retain the details of transactions or payments if and when you make them on Buqqit’s Services. However, we will only keep your payment source account number with your consent.
3.2. Information collected when you use Buqqit’s Services or use websites or apps that have Buqqit features.
Whenever you use a website, mobile application, or other internet service, there is certain information that almost always gets created and recorded automatically. The same is true when you use Buqqit’s Services. This means that Buqqit and our third-party service providers also collect certain information about you automatically. The type of information collected automatically includes:-
Site activity information:
When you use Buqqit’s Services, go to a webpage, or use an app that has Buqqit features, our servers automatically record information (“log data”), e.g., information that your browser sends whenever you visit a website.
We keep track of the actions you take on Buqqit’s Services, such as adding a friend, indicating you “like” a post, follow a User, or authorizing an application. In some cases you are also taking an action when you provide information or Content to us. For example, if you share a video, in addition to storing the actual Content you uploaded, we might log the fact you shared it.
As the site evolves, we intend to introduce additional features which will also allow us to track the actions you take on Buqqit’s Services, such as becoming a fan of a Buqqit page, joining a group or an event, tagging yourself in a video, creating a photo album, or sending a gift. We may also receive information about you from other Buqqit Users, such as when they upload your contact information, tag you in a video, post a photo of you, tag you in a photo or status update, or at a location, or add you to a group.
Access device and browser information:
When you access Buqqit’s Services from a computer, mobile phone or other device, we may also collect information about the device on which you’re using Buqqit’s Services. This can include the type of device, what operating systems you are using, device settings, unique device identifiers, mobile network information, location, and IP address, crash data, browser type, device functionality, the URL that referred you to Buqqit’s Services, as well as the pages you visit. The information we collect will often depend on the type of device you are using and its settings. To learn more about what information your device makes available to us, you should check the policies of your device manufacturer or software provider.
3.3. Information you provide about a third party
You may have the opportunity to communicate with others from Buqqit’s Services, such as by sending an invitation to a friend. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, e-mail address, mobile number, etc.). Buqqit collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you (e.g., an invitation to register for Buqqit’s Services). Unless we explicitly say otherwise, Buqqit will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any ‘send-to-a-friend’ functionality on Buqqit’s Services, your e-mail address, mobile number, name or username, and message may be included in the communication sent to your addressee(s). Some of these ‘send-to-a-friend’ tools may not be operated by Buqqit or they may be third-party tools subject to third-party privacy policies.
4. HOW DO WE USE YOUR INFORMATION?
4.1. To manage Buqqit’s services
4.2. To contact you
We may contact you with service-related announcements from time-to-time, e.g., to send you updates, news, notifications and/or promotional materials. By maintaining an account and/or using Buqqit’s Services, you consent to receiving such contact, including without limitation, receiving promotional materials to your e-mail address or Buqqit profile(s).
If you want to stop receiving promotional materials, e.g. promotional emails, you may unsubscribe by changing your settings or following other instructions provided by us. Opting-out of receiving promotional emails will not apply to subsequent or different subscriptions, or to certain transactional communications relating to your account or use of Buqqit’s Services (e.g., administrative and service announcements).
4.3. To send personalized advertising to you
We won’t share your “personally identifiable” information with advertisers without your consent. An example of you giving consent would be if you asked us to provide your shipping address to an advertiser to receive a free sample. You should, however, remember that your profile is visible to other Users of Buqqit’s Services and through public search depending on your settings.
We may target ads to Users through a variety of advertising networks and exchanges, e.g. by using:-
advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms both on and off Buqqit’s Services;
member-provided profile information;
information inferred from a Member’s profile (for example, using job titles to infer age, industry, seniority, and compensation bracket; or names to infer gender);
your use of Buqqit’s Services, e.g., your search history or clicking on an ad on Buqqit’s Services;
information from advertising partners which we use to help deliver ads more relevant to you.
We may allow advertisers to choose the characteristics of Users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other Users, such as your birth year, location, gender, Content consumption or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. For example, we might use your interest in dancing to show you ads for dancing clothes, but we do not tell the dancing clothing company who you are. Even though we will not share your information with advertisers without your consent, you should be aware that if you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the characteristics they selected. We and third parties may use web technologies, such as cookies, to deliver these ads.
4.4. To make suggestions
To make your experience more interesting or relevant, we may use information you provide, or that we collect about you (e.g., profile Content, including without limitation page views, people you are following, and connections between your profile and other profiles or Content pages), and information we may collect from other Users and third parties (e.g., Facebook or Twitter), to assist us in recommending User and Content connections to you on Buqqit’s Services. For example, we use your profile information, and other relevant information, to help you connect with your friends, including making suggestions to you and other Users that you connect with on Buqqit’s Services.
5. HOW DO WE SHARE THE INFORMATION WE COLLECT?
Buqqit may use and share your public information, including Buqqit usernames, for any reason in our discretion. Public information, including Buqqit usernames, may be displayed in search results both on Buqqit’s Services and on external search engines (e.g., those owned or operated by third parties, such as Google). Buqqit may also disclose any of your personal information, and any other information we have received from or about you.
In addition, Buqqit may use and disclose your information as detailed below in the following subsections for other purposes when you provide us with prior consent to use your information in such a way.
5.1. To third-parties to help provide and manage Buqqit’s services
We may use any information we collect from and about Users in connection with providing and managing Buqqit’s Services. This may include, among other things:-
measuring and improving Buqqit’s Services;
facilitating your participation in online games, contests or promotions;
enabling you to communicate and share with other Users;
recommending Content or connections (including other Users) to you;
analyzing and disclosing your ranking or affinity to certain Content or Users to anyone;
providing you with customer support and other requested services; and
responding to your inquiries.
We may make your information available to our agents and service providers so that they can provide requested services on our behalf. These third parties assist us in providing and managing Buqqit’s Services in a variety of ways, including by:
developing or supporting products and features;
supporting our marketing efforts (e.g., conducting e-mail marketing campaigns on our behalf);
processing payments and/or fulfilling orders;
administering message boards;
processing data or statistics;
hosting media Content;
assisting with the administration, judging, and prize fulfilment aspects of contests, promotions, and sweepstakes.
5.2. Linked Services
Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your profile, or elsewhere on Buqqit’s Services, shared with other Users on Buqqit’s Services, otherwise accessed via Buqqit’s Services, or which may link to your profile from outside of Buqqit’s Services. Examples are Facebook and Twitter (you can link these accounts to your Buqqit account)
When you choose to use a Linked Service, you are authorizing Buqqit to share information generated by, or available on, Buqqit’s Services, including personal information, with Linked Services, including, but not limited to, full name, username, profile URL, project description, profile photo, profile cover, Buqqit username, stated location, gender, age, biographical or demographic information (e.g., professional title, college attended, etc.), interests, connections, any information that is publicly available on the Buqqit’s Services, device location, and other information that you choose to share with Linked Services.
5.3. Analytics services
Buqqit uses third-party analytics providers and products to obtain, compile, and analyze information for the purpose of understanding, obtaining statistics on, and other information about, how Users are using and interacting with Buqqit’s Services.
To allow these third-party analytics providers to provide these services to Buqqit, we may provide them with information about you, including your profile Content (both public information and information which is not publicly available), demographic information, usage information and/or device identifiers. We are not responsible for those third-party web technologies or activities arising out of them. Some third-party analytics providers may use their own web technologies (e.g. cookies) to collect or have access to such information about you and/or to provide us with these analytics services. They may offer you certain choices regarding their practices. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out choices.
5.4. To let other Users to find you
Buqqit may use personal information in connection with User search inquiries to establish potential matches to search criteria using tools made available as part of Buqqit’s Services. We will make good faith efforts not to display to other Users the information to which you have restricted access, except in accordance with your settings. Please note that Users under the self-reported age of 18 are not intended to show up in the results of Buqqit’s people search and/or browse feature, which allows Users to search or browse for other Users based on certain criteria.
5.5. To create a social media consumption experience
As part of Buqqit’s Services, your usage information and profile Content may be shared with other Users. To make your Content consumption experience more social and fun, to improve services, to perform analytics, to compare your usage to other Users, rank your linkages with certain Content or Users, and to better make suggestions about other Content, we may use any of the information you provide and the information we collect about you, and we may share the Content of the media that you access on or through Buqqit’s Services with other Users. We may also share your media access through Buqqit’s Services (including video viewing and audio content access) as an activity notification by activity notification by, for example, sharing your profile Content (including your full name, username and profile picture) on the page where such video resides. Additionally, your activity may be indicated on your own profile, e.g., on your activity feed and on your connections’ profiles, in each case, both on the Buqqit Website, and on any other of Buqqit’s Services, including for example, the Buqqit mobile App.
Other examples of activities that may generate activity notifications include, but are not limited to:-
posting status updates;
commenting on a post;
sharing Content or posting on Buqqit’s Services;
sharing Content or posting to a Linked Service;
connecting to a profile or Content (e.g., a video etc.);
watching a video;
updating a profile; and
adding a cover photo.
An example of an actual activity notification on Buqqit’s Services is the following: “John Brown commented on Charlie Smith’s video” and it may include profile Content (e.g., your full name and profile photo).
Buqqit makes this feature public to everyone by default, and anyone can see these activity notifications.
5.6. To deliver social advertising to you and your friends
Buqqit and Buqqit’s ad-technology provider(s), including, for example, any third-party providers, may also use profile Content when delivering advertisements to you, your Buqqit connections, other Users, and other users on any third-party advertising networks, including for example, by including your full name, username, videos and/or photo in, or in connection with, sponsored content and advertisements.
5.7. To protect the rights of Buqqit and our Users, and to comply with legal process
To the fullest extent permitted by law, Buqqit may also disclose User information if we believe, in good faith, that doing so is necessary or appropriate to:-
comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas, court orders or consent decrees).
To the fullest extent permitted by applicable law, Buqqit has complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
5.8. Business transfers
5.9. Co-Branded Areas
5.10. Contests and promotions
We may offer contests, sweepstakes, and other promotions (collectively, “Promotions”) through Buqqit’s Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
6. MANAGING YOUR INFORMATION ON Buqqit
In summary, you have the right to:-
access, modify, correct, or delete your personal information controlled by Buqqit regarding your account and profile;
change or remove your Content; and
close your account.
We provide you with the ability, through your settings, to access, edit, or delete certain of your personal information and profile Content. To manage your settings, go to your settings page.
Please note that certain personal information is required to maintain an account, therefore, if you want to delete required personal information, you will have to delete your Buqqit account(s) and associated profiles.
Other choices you have include:-
You can choose to link or unlink your Buqqit account(s) from an account on another service, e.g., Facebook or Twitter. Some of these services let you choose whether to publish your activity on Buqqit’s Services to that other service;
You may have choices available to you through the device or software you use to access Buqqit’s Services. For example the browser you use may provide you with the ability to control cookies or other types of local data storage and/or your mobile device may provide you with choices around how and whether location or other data is shared with us. To learn more about these choices, please see the information provided by the device or software provider.
If you no longer want to use Buqqit’s Services, you may cancel your account at any time. As detailed above, even after you cancel your account or delete information or profile Content, copies of some information from your account or profile(s) may remain viewable.
7. CHOICES REGARDING THIRD-PARTY TRACKING AND TARGETING
We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties. However, some may offer you certain choices regarding their practices.
8. CHANGES TO PROFILE SETTING FUNCTIONALITY
The settings that Buqqit makes available to Users, as well as their functionality, may change as Buqqit’s Services continue to evolve. We will provide reasonable advance notice of the changes in the settings section, or otherwise.
Delays and errors in effecting setting preferences may occur and we do not represent that they will be immediate, complete, error-free, current, reliable or accurate. If you experience any problems with your settings, or have any questions or concerns regarding your settings, or you are interested in obtaining additional information regarding the settings options that may be available to you, please contact us by email at hi@giveitBuqqit.com.
9. HOW WE SAFEGUARD USER INFORMATION
Buqqit takes reasonable precautions to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information accessed, stored or transmitted by Buqqit.
10. OUR POLICY ON INFORMATION REGARDING CHILDREN UNDER AGE 13 AND PARENTAL PARTICIPATION
If you are under age 13, do not attempt to register for Buqqit’s Services or provide any personal information about yourself.
If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 13, please contact us by email at hi@giveitBuqqit.com.
11. USERS LOCATED OUTSIDE THE UNITED STATES
By providing information to Buqqit, you do so in the knowledge that the laws applicable in your home country may not apply to protect your personal information or to your use of Buqqit’s Services. To the extent required by local law, by using Buqqit’s Services, you consent to the transfer of your personal data to the United States. If you do not agree to this international transfer of data, then you must refrain from using Buqqit’s Services.