Terms of Service |
1. ACCEPTANCE OF TERMS |
| |
|
Welcome to BuddyBills. BuddyBills is a service provided to you by DCube Technologies LLC.
By using or registering with BuddyBills, users and the entities or persons they
represent agree to be legally bound and abide by the following Terms of Service ("TOS").
BuddyBills reserves the right to change these "Terms of Service" from time to time without
notice to you, so please check back periodically. You can review the most current version of
the TOS at any time at: http://www.BuddyBills.com/srvAgreeTerms.asp. Your continued use of this site
following the posting of any changes to the Terms of Use constitutes acceptance of those
changes. If you do not agree to these "Terms of Service" please do not use
BuddyBills services.
|
| |
| 2. DESCRIPTION OF SERVICE |
| |
BuddyBills currently provides services to manage & track shared expenses through
its network of properties (the "Service"). You understand that the Service
only provides a means to manage and track shared expenses and assumes no responsibility for
actual monetary transactions. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new BuddyBills services, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that BuddyBills assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
In order to use the Service, you must
obtain access to the internet, either directly or through devices
that access web-based content, and pay any associated service fees.
In addition, you must provide all equipment necessary to make
such connection to the internet.
|
| |
| 3. REGISTRATION OBLIGATIONS |
| |
|
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
BuddyBills has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, BuddyBills has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
|
| |
| 4. BUDDYBILLS PRIVACY POLICY |
| |
|
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy at
http://www.BuddyBills.com/srvPrivacyPolicy.asp.
|
| |
| 5. USER ACCOUNT, PASSWORD AND SECURITY |
| |
|
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify BuddyBills of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. BuddyBills cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section.
|
| |
| 6. USER CONDUCT |
| |
You understand that all information, data, text, messages or other materials
("Content"), whether privately posted or transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not BuddyBills, are entirely responsible for all Content
that you submit, upload, post, email, transmit or otherwise make available via the
Service. BuddyBills does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will BuddyBills be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
| |
a. |
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
|
| |
b. |
impersonate any person or entity, including, but not limited to,
a BuddyBills official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
|
| |
c. |
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
|
| |
d. |
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
|
| |
e. |
infringe any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
|
| |
f. |
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;
|
| |
g. |
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
|
| |
h. |
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
|
| |
i. |
"stalk" or otherwise harass another or collect or store personal data about other
users.
|
|
| |
|
You acknowledge that BuddyBills does not pre-screen Content, but that BuddyBills
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, BuddyBills and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by BuddyBills or
submitted to BuddyBills.
|
| |
|
You acknowledge and agree that BuddyBills may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of BuddyBills, its users and the public.
|
| |
| 7. INDEMNITY |
| |
|
You agree to indemnify and hold DCube Technologies and BuddyBills, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
|
| |
| 8. MODIFICATIONS TO SERVICE |
| |
|
BuddyBills reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that BuddyBills shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service.
|
| |
| 9. TERMINATION |
| |
|
You agree that BuddyBills, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if BuddyBills believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
BuddyBills may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that BuddyBills may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such information or the Service. Further, you agree that
BuddyBills shall not be liable to you or any third-party for any termination of
your access to the Service.
|
| |
| 10. NO RESALE OF SERVICE |
| |
|
You agree not to reproduce, duplicate, copy, sell, resell or exploit,
any portion of the Service, use of the Service, or access to the Service.
|
| |
| 11. BUDDYBILLS PROPRIETARY RIGHTS |
| |
You acknowledge and agree that the Service and any necessary software
used in connection with the Service contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by BuddyBills or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
BuddyBills grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by BuddyBills for use in accessing the Service.
|
| |
| 12. GENERAL PRACTICES REGARDING USE AND STORAGE |
| |
|
You acknowledge that BuddyBills may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that the content submitted, posted by you will be retained by
the Service, the maximum disk space that will be
allotted on BuddyBills servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that BuddyBills has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that BuddyBills reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
BuddyBills reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
|
| |
| 13. DEALINGS WITH ADVERTISERS |
| |
|
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that BuddyBills shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
|
| |
| 14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE |
| |
|
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
|
| |
| 15. DISCLAIMER OF WARRANTIES |
| |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| |
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUDDYBILLS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
|
| |
b. |
BUDDYBILLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
|
| |
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
|
| |
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM BUDDYBILLS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
|
|
| |
| 16. LIMITATION OF LIABILITY |
| |
|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUDDYBILLS AND DCUBE TECHNOLOGIES LLC
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUDDYBILLS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
|
| |
| 17. GENERAL INFORMATION |
| |
|
The TOS constitutes the entire agreement between you and BuddyBills and
governs your use of the Service, superceding any prior agreements between
you and BuddyBills. The TOS and the relationship between you and BuddyBills
shall be governed by the laws of the State of Texas without regard to
its conflict of law provisions. You and BuddyBills agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Dallas, Texas. The failure of BuddyBills to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
|
| |
|
