Terms of Service





Last Updated on April 2nd, 2015

The terms and conditions below (the Terms of Service) govern your access to and use of BumpText websites, products, and services (collectively, the "Site"). The Terms of Service constitute a legal agreement between you and BumpText. You agree to the Terms of Service by accessing or using the Site. Do not access the Site or use the Site or authorize the written Quotation or authorize the written Service Agreement or initiate the written SOW ("Scope of Work") , if you are unwilling or unable to be bound by the Terms of Service.

Definitions



  • A user is someone who accesses, browses, subscribes to, or in any way uses the Site. The terms you and your refer to you, as a user of the Site. The terms we, us, our, and BumpText Social Media” refer to BumpText.

  • Content means text, images, photos, audio, video, and all other forms of data or communication. Your Content means Content that you create, authorize, or submit through the Site. BumpText Content means Content that we make available on the Site. Third Party Content means Content that is made available on the Site by parties other than BumpText or its users. Site Content means all of the Content that is made available on the Site, including Your Content, Third Party Content, and BumpText Content.


Eligibility


You represent and warrant that you (a) have not previously been suspended by BumpText or removed from the Site; (b) are not a competitor of BumpText; and (c) have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

Changes to the Terms of Service


We may modify these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available at http://www.bumptext.com/footer/terms-of-service/ and will indicate at the top of the Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Site and our Services after any posted modification to the Terms of Service indicates your acceptance of the modification.

Use of the Site


We grant you permission to use the Site subject to the restrictions in these Terms of Service. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. BumpText does not endorse such Content and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.

Restrictions on Use


You agree that you will not, and will not assist or enable others to:

  • Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another users use of the Site;

  • Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

  • Use the Site to promote bigotry or discrimination against protected classes;

  • Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  • Use the Site to submit or transmit pornography or illegal content;

  • Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

  • Use the Site in violation of the Terms of Service or any applicable law;

  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by BumpText;

  • Reverse engineer any portion of the Site;

  • Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;

  • Record, process, or mine information about other users;

  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;

  • Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on BumpTexts technology infrastructure;

  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.


Responsibility for Your Content


You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyones reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by BumpText

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Site Availability


We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time or no reason, and without notice or liability.

Scheduled Maintenance and Downtime


Bumptext will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. You acknowledge that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Bumptext’s control or which are not reasonably foreseeable by Bumptext, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, ornetwork congestion or other failures. Bumptext will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Bumptext has no responsibility for downtime resulting from a user’s actions.

Data Backup


All data backup services are provided as a courtesy to you. It is your sole responsibility to maintain your own backup of any data. Bumptext is not responsible for lost data or for lost data due to any software or hardware faults.

Unauthorized Access


We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Ownership


We own the BumpText Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the IP Rights) associated with the BumpText Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the BumpText Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the BumpText Content are retained by us.

Subscriptions and Purchases


Your BumpText Services begin at the moment of your first payment to BumpText. By purchasing or subscribing to BumpTexts services, you grant BumpText the right to (1) create, access and manage profiles or websites in your name using BumpText Content, Your Content, Third Party Content, and publicly available information; (2) post, at BumpTexts discretion, Content to the above-mentioned profiles or websites in your name; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the above-mentioned profiles or websites; and (4) host, using the resources of BumpText or its affiliates, the above-mentioned profiles or websites.

Notwithstanding the suspension of the Site, you are still liable to pay the Subscriptions current from time to time for the Site and/or Site suspension period until the date of the termination or the resumption of the Site (as the case may be). Any disputes must be made in writing regarding an invoice must be raised within 30 days of the date of the invoice notwithstanding, where relevant. Please note that no credit or refund is available in respect of any time when the Site is ‘down’ or suspended. If you have not paid any invoice by the due date, we reserve the right to (i) vary the billing frequency at any time without prior justification; (ii) issue an interim invoice for accrued Charges, which will become immediately due and payable; (iii) re-issue any invoice if any error is subsequently discovered; and invoice you through a billing agent or any of our Affiliates; (iv) Charge interest on any outstanding amount at 10% per month until the invoice has been paid in full and to Charge a handling fee, collection agency fee, late fee, reconnection fee and/or require a security deposit if your Site are suspended or terminated before payment is made;(v) If you fail to pay the subscriptions by the Due Date, a late fee will be assessed to the invoice due. For an invoice that is 7 days past due, a late fee calculated at 20% of the balance. Late fees will be compounded. If your overdue balance includes multiple services, each associated late fee will be added to the late fees and compounded; and (vi) transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts whether they have been terminated or suspended.

Upon termination of your use of BumpTexts Site, you retain the right to access and control the above-mentioned profiles or websites, as well as Your Content.

Subscription Payment and Term


By purchasing or subscribing to BumpTexts Site, you agree to a minimum contract term of Three (3) months, during which you are obliged to pay monthly for services of a value no less than your original subscription price. Upon the expiration of the minimum contract term, Site, service and billing will automatically continue on a month-to-month basis, during which you may cancel or change your subscription anytime with 60 days notice. A valid credit card or advanced payment is required for paying accounts. Advanced Deposits and/or Subscriptions are billed on a monthly basis at the beginning of each subscription month and are non-refundable. Advanced Deposit credits are valid 12 months from the date issued.

Financing


Where the acquisition of hardware, software, programs, and/or services (collectively, the “Site”) acquired from Bumptext or one of its reseller partners is financed or leased, this sets forth Bumptext's financing and leasing policies. This applies where the Client or Reseller enters into an agreement or purchasing or subscribing to the Site or the Services supplied by Bumptext.

Payment Obligation. Client retains its payment obligations to Bumptext. Client shall pay any remaining balance.

Release of Security Interests. Subject to Bumptext's receipt of the financed principle amount and all additional sums then remaining outstanding, Bumptext shall release and promptly cause to be filed releases and termination statements in such forms as may reasonably be requested by the Client of all of Bumptext's liens and security interests in the assets, rights, and properties of the Client.

Ownership Rights and Relationships. No Ownership Rights Transferred without Consent and Bumptext's receipt of the financed principle amount and all additional sums then remaining outstanding.

Without Bumptext's written consent the Client may not be granted any interest in or rights to Bumptext's intellectual property, licensed software, services, or operating system and integrated software (e.g. firmware) that is a part of hardware products, regardless of agreed upon terms in any contemporaneous communications, contracts, proposals and quotations (whether oral, written or electronic) between you and Bumptext. Any transfer of rights requires Bumptext's consent, which shall be in the form of a separate letter from Bumptext.

Cancellation and Termination


You are solely responsible for properly cancelling your subscription. Should you wish to cancel prior to expiration of the minimum contract term, full payment of the remaining amounts will be due immediately. In order to cancel your subscription, you must contact your dedicated account manager via telephone at least seven days before your next billing date. Email and voicemail messages to BumpText are not a recognized method of cancellation. BumpText, in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of the Site, or any other BumpText service, for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your subscription or your access to your subscription. BumpText reserves the right to refuse service to anyone for any reason at any time.

Indemnification


You agree to indemnify and hold harmless BumpText and its affiliates and their shareholders, directors, officers, employees, representatives, agents, and assignees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys fees and other legal expenses, arising directly or indirectly from or in connection with (i) any negligent, reckless or intentionally wrongful act of you or your assistants, employees, contractors or agents, (ii) any breach by the you or your assistants, employees, contractors or agents of any of the covenants contained in these Terms of Service, (iii) any failure of you or your assistants, employees, contractors or agents to conduct business in accordance with all applicable laws, rules and regulations, (iv) any failure of you or your assistants, employees, contractors or agents to perform its obligations under these Terms of Service, or (v) any violation or claimed violation of a third partys rights resulting in whole or in part from BumpTexts reliance on your performance of your obligations under these Terms of Service.

The Client agrees to indemnify, defend, and protect the Bumptext from and against all lawsuits and costs of every kind of pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by The Client based upon the Consulting Services.

By way of example, in the event a third party sues Bumptext for the Client doing something or deciding not to do something based on Bumptext advice, then the Client will cover the costs to the Bumptext in such an action.

Confidentiality


Bumptext shall not disclose to any third party any details regarding the Client’s business, including, without limitation any information regarding any of the Client’s customer information, business plans, or price points (the “Confidential information”. (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or (iii) use Confidential Information other than solely for the benefit of the Client.

Limitation of Liability


BUMPTEXT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT OR THE Bumptext MATERIALS. IN NO EVENT SHALL THE “BUMPTEXT PARTIES" BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICE OR OF ANY CONTENT OR BUMPTEXT MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITES OR THE SERVICE, EVEN IF BUMPTEXT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITES AND THE SERVICE, AND YOU WILL NOT MAKE A CLAIM AGAINST BUMPTEXT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE SITES OR THE SERVICE.

UNDER NO CIRCUMSTANCES WILL THE BUMPTEXT PARTIES BE LIABLE TO YOU FOR MORE THAN THE SERVICE SUBSCRIPTION FEE FOR THE SERVICE TERM DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUMPTEXT AND YOU.

No Warranty


THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN AS IS BASIS. BUMPTEXT MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT. BUMPTEXT FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM BUMPTEXT OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

Third Parties


The Site may include links and information from other websites (each, a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. The Sites or the Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Bumptext's control, and you acknowledge that Bumptext is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Bumptext or any association with its operators. You further acknowledge and agree that Bumptext shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.

Submissions


You acknowledge and agree that all information, data, text, software, music, graphics, video, messages, tags or other materials submitted by users of the Sites or the Service ("Content") is the sole responsibility of the party from whom such Content originated. This means that you, and not Bumptext, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Sites or the Service ("Your Content"), and other users of the Service and not Bumptext are similarly responsible for all content they Make Available through the Sites or the Service. You also agree that you have obtained all necessary rights and licenses, and agree that Your Content shall be considered non-confidential. You agree to provide accurate and complete information in connection with your submission of Your Content on the Service. You hereby grant Bumptext a worldwide, irrevocable, royalty-free, nonexclusive license to use Your Content as part of the Service, without any compensation or obligation to you. Bumptext reserves the right to not use or publish Your Content, and to remove or edit any Your Content, at any time in its sole discretion without notice or liability.

Bumptext has the right, but not the obligation, to monitor any of Your Content that you Make Available on the Sites or the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Bumptext in its sole discretion deems appropriate, including, without limitation, termination.

Website Protect Rules and Conduct


As a condition of your use of the Service, you agree that (a) you will follow Bumptext's guidelines and recommendations on how to prevent reinfection of the Covered Websites, and (b) you will not to use the Service for any purpose that is prohibited by the Terms or by applicable law. The Service (including, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided or otherwise made accessible by Bumptext or its partners on or though the Service or the Sites ("Bumptext Materials") is provided only for your own use. You are responsible for all of your activity in connection with the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) Make Available any of Your Content on or through the Service, that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• Involves commercial activities and/or sales without Bumptext's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• Impersonates any person or entity, including any employee or representative of Bumptext.

You shall not attempt or engage in potentially harmful acts that are directed against the Sites or Service including, without limitation, the following: (a) Using the Sites or Service in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Sites or the Service; (g) violating or attempting to violate any security features of the Sites or the Service; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites; (i) intentionally introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Sites or the Service, outside of the infected Covered Websites; (j) interfering or attempting to interfere with the use of the Sites by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," "hacking," "phishing," or "crashing" the Sites or the Service; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Sites or the Service without the express written permission of Bumptext; (l) tampering with the operation, functionality, or the security of the Sites or the Service; (m) attempting to override or circumvent any security or usage rules embedded into the Sites or the Service that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Sites or the Service, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Sites or the Service; (p) harvesting or collecting e-mail addresses or other contact information of other users or clients from the Sites or the Service by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Sites or the Service; (r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Sites or the Service; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (t) modifying, translating, or otherwise creating derivative works of any part of the Sites or the Service; or (u) copying, renting, leasing, distributing, or otherwise transferring any or all of the rights that you receive hereunder.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.

Bumptext reserves the right to remove any Content, including Your Content, from the Sites or the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Bumptext is concerned that you may have violated these Terms), or for no reason at all.

If at any time during the Service Term, you submit a Malware Removal Request for a Covered Website that Bumptext determines is infected, Bumptext will use reasonable commercial efforts to clean the infected Covered Website.

EXCEPT AS SET FORTH ABOVE, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR Bumptext MATERIALS) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BUMPTEXT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (THE “BUMPTEXT PARTIES") DO NOT WARRANT THAT: (A) THE SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF THE COVERED WEBSITES; (B) THE COVERED WEBSITE WILL OPERATE AFTER IT HAS BEEN CLEANED BY Bumptext; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITES OR THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM, ANY DEVICE YOU USE TO ACCESS THE SITES OR THE SERVICE, AND ANY COVERED WEBSITES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS, THE COVERED WEBSITES, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITES AND THE SERVICE.

Dispute Resolution


A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Bumptext agree that any cause of action arising out of or related to the Service Period or Post Implementation Period must commence within seven (7) days after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms shall be governed by and construed in accordance with the laws of the HKSAR. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in HKSAR, using the English language.

Integration and Severability


The Terms of Service are the entire agreement between you and Bumptext with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications, contracts, proposals and quotations (whether oral, written or electronic) between you and Bumptext with respect to the Sites. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, and the remainder of the agreement shall remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous


If there is any dispute about or involving the Site or BumpText, you agree that any such dispute will be governed by the laws of the HKSAR without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the HKSAR.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.

We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.

Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior written and oral agreements, discussions, or representations between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.

Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.

The Terms of Service are not assignable, transferable or sublicensable by you except with BumpTexts prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

These Terms of Service, and your rights and obligations hereunder, may not be assigned, sublicensed, subcontracted, delegated, or otherwise transferred by you without Bumptext's prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.