Bunndle, Inc. ("Bunndle") has developed www.bunndle.com (the "Website") and the Bunndle service as a software application exchange platform for those who develop and publish software (collectively, the "Bunndle Service").
Bunndle 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 Bunndle shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
As a condition to using the Services, you are required to register with Bunndle and select a password and enter your email address ("Bunndle ID"). You will provide Bunndle with accurate, complete, and updated registration information and maintain the accuracy of such information at all times. Failure to do so shall constitute a breach of these TOU, which may result in immediate termination of your account. You will be solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password or account, whether authorized or not. You agree to immediately notify Bunndle of any unauthorized use of your password or account or any other breach of security.
BUNNDLE RESERVES THE RIGHT TO REFUSE PARTICIPATION TO ANY APPLICANT OR USER AT ANY TIME IN ITS SOLE DISCRETION.
4.1 Subject to your compliance on a continuing basis with all of the terms and conditions of these TOU, Bunndle hereby grants you permission to use the Service only as set forth in these TOU, and provided that:
5.1 Content. The content on the Website and available through the Service, including without limitation, the applications, text, software, software code, scripts, graphics, files, images, photos, sounds, music, videos, advertisements, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Bunndle, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Bunndle reserves all rights not expressly granted in and to the Service, Content and Marks. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, applications, software, software code , image, audio, and visual content, Marks, third party Content, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You further agree that if you provide any Content or Marks to Bunndle, such Content and Marks will be in strict compliance with the Content Guidelines (located at www.bunndle.com/home/content_guidelines).
5.2 Bunndle Software. The software provided by Bunndle is owned by or licensed to Bunndle ("Bunndle Software"). Bunndle grants you a limited, revocable, non-exclusive license to use, copy, and incorporate the Bunndle Software in your software application(s) solely in conjunction with the Service and consistent with these TOU. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the Bunndle Software or Service. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the Bunndle Software or Service. You shall not copy the Bunndle Software except as set forth herein. Any copy of the Bunndle Software or Service that you make must contain the same copyright and other proprietary notices that appear on or in the Bunndle Software or Service.
If you are a copyright owner or an agent thereof and believe that any content on the Bunndle Services infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy (located at www.bunndle.com/home/dmca_policy).
6.1 These TOU shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time by following the instructions on the Website. You agree that Bunndle, 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 or no reason, including, without limitation, for lack of use or if Bunndle believes that you have violated or acted inconsistently with the letter or spirit of these TOU. You agree that any termination of your access to the Service under any provision of these TOU may be effected without prior notice. Further, you agree that Bunndle shall not be liable to you or any third-party for any termination of your access to the Service.
7.1 Advertisers. Bunndle provides an optional program to software advertisers ("Advertisers") by which you can increase your user distribution by displaying your advertisements (the "Ads") within a Publisher's installation flow ("Advertiser Program"). Advertisers only pay upon a confirmed agreement to install or other agreed upon user action. If you elect to participate in the Advertising Program as an Advertiser, you understand that you must also accept the Advertiser Terms of Service (located www.bunndle.com/home/advertiser_terms_of_service).
7.2 Publishers. Bunndle provides an optional program to software publishers ("Publishers") by which you can monetize your existing software distribution channels using the Bunndle Service to incorporate Ads into your application installation flow (the "Publisher Program"). If your users also complete an agreement to install the Advertiser's software or perform another action that is eligible for payment, you get paid. If you elect to participate in the Publisher Program as a Publisher, you understand that you must also accept the Publisher Terms of Service (located www.bunndle.com/home/publisher_terms_of_service).
7.3 Participation. Participation as an Advertiser or Publisher is subject to approval from Bunndle or its partners. Bunndle reserves the right to deny participation to or revoke its prior approval of any user in its sole discretion.
7.4 Developers. Bunndle provides a limited free service to software developers who wish to utilize Bunndle's analytics capabilities ("Developers") by which you can analyze your existing software distribution performance ("Developer Program"). Bunndle may modify, suspend or discontinue this Developer Program at any time without notice to you, or elect to charge a fee for use of the Developer Program at any time with notice you. The Developer Program is also subject to Bunndle's then-current use limits and you agree to abide by any additional restrictions or policies reasonably required by Bunndle.
The term "Bunndle Confidential Information" means any information of or relating to Bunndle that becomes known to you through disclosure, observation or otherwise, and that either is designated as confidential by Bunndle or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding Bunndle's products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All Bunndle Confidential Information remains the property of Bunndle, and no license or other right in any Bunndle Confidential Information is granted hereby. You will not disclose any Bunndle Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized dissemination. You will not use any Bunndle Confidential Information for the benefit of anyone other than Bunndle. Upon Bunndle 's written request, you will destroy or return to Bunndle all Bunndle Confidential Information in your custody or control. In addition to the terms of this provision, you and Bunndle will continue to be subject to any nondisclosure agreement that you and Bunndle have entered into separately. This provision will survive any expiration or termination of these TOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, BUNNDLE, ITS SUPPLIERS, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER BUNNDLE NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND NONE ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE, ADS, OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, SPYWARE, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. BUNNDLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BUNNDLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY BUNNDLE FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BUNNDLE MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT AND BUNNDLE SOFTWARE IS AT YOUR OWN RISK. IN NO EVENT SHALL BUNNDLE, ITS SUPPLIERS, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUNNDLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BUNNDLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. THESE LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE TOU. YOU SPECIFICALLY ACKNOWLEDGE THAT BUNNDLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. IN NO EVENT WILL EITHER PARTY'S LIABILITY FOR MONETARY DAMAGES UNDER THESE TOU EXCEED THE AMOUNT PAID UNDER THESE TOU BY BUNNDLE TO YOU. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless Bunndle, and its distribution partners, subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and its partners from any liabilities, losses, actions, damages, claims, obligations, costs, expenses or demands (including, but not limited to attorneys' fees, costs and expenses) arising out of (a) content you provide to Bunndle or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of any term of these TOU or your representations and warranties set forth above, (e) your violation of any rights of another, including without limitation any copyright, property, or privacy right, (f) your failure to perform your obligations hereunder, or (g) any claim that your content caused damage to a third party.
These TOU constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. These TOU shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Unless otherwise elected by Bunndle in a particular instance, any action or proceeding arising out of these TOU may be brought only in the state or federal courts located in Palo Alto, California, and each party irrevocably consents to the jurisdiction of such courts with respect to any such action. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of these TOU is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from these TOU and shall not affect the validity and enforceability of the remainder of these TOU. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these TOU without Bunndle's prior written consent, and any attempt to do so without that consent will be void. The section headings used herein are for convenience only and shall not be given any legal import. Nothing in these TOU shall be construed to create a partnership, joint venture or agency relationship between the parties.
If you have any questions regarding these TOU or if you wish to request any information from Bunndle, please contact Bunndle at the following address:
2335 El Camino Real
Palo Alto, CA USA 94306