Terms Of Use

The access and use of this website is strictly under the following Terms and Conditions. Please read the following terms carefully to understand these conditions prior to using our Site. By accessing or using the Site in any way or by creating an account to use the Services and becoming a Member, users (“you,” “your”) agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.

The term (the "Site") refers to the Bumwinkers.com website and related mobile apps. The term ("Services") refers to the services we provide through the Site. The terms “we”, “us”, “our” and “ours” when used in these terms mean Bumwinkers, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of Bumwinkers.

We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

You must also represent that you are 18 years of age or older and are lawfully able to enter into contracts if (a) you are signing up to our Site, or (b) are a parent or legal guardian of a child under 13 who is signing up for Bumwinkers. If you are under the age of 18, you should review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand it.

Please refer to our privacy policy, available at https://bumwinkers.com/privacy-policy/ (the “Privacy Policy”) for information on how we collect, use and disclose personally identifiable information from our users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

Limitation of liabilities

Bumwinkers has made every effort to ensure that the Information on its website is accurate and current. Bumwinkers however make no representation or warranty regarding Information provided on this website, and specifically disclaims, without limitation, all implied warranties of merchantability and fitness for a particular purpose with respect to use of the Information. The Information is for general purposes only and does not constitute advice. Bumwinkers is not liable for any damage resulting from the use of Information on the website. This includes damage caused by viruses or any inaccuracy or incompleteness of the Information, unless the damage is caused by any wilful misconduct or negligence of Bumwinkers. Bumwinkers is also not liable for any damage resulting from the use of electronic communication, including but not limited to the damage resulting from a failure to deliver or a delay in delivering electronic communication, from interception or manipulation of electronic communication by third parties or computer programs used for electronic communication and from transmission of viruses.

Links with Other Sites

This website may provide links to other websites that are not under the control of Bumwinkers. Bumwinkers shall not be responsible in any way for the content of such other websites. Bumwinkers provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by Bumwinkers of the content of such websites.

Modifications And Website Availability

Bumwinkers reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. Bumwinkers also reserve the right to modify or discontinue all or part of the Site without notice at any time.

Bumwinkers will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site

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Bumwinkers cannot guarantee the Site will be available at all times. Bumwinkers may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

Bumwinkers reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

User Conduct

Our Services include areas where you or other users can create, post or store content, messages, materials, data, information, text, photos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such areas and agree that you use them at your own risk. You further agree not to post, transmit, upload to, distribute, store, create or otherwise publish through the Services any of the following:

  • User Content that is slanderous, unlawful, defamatory, harassing, obscene, pornographic, indecent, lewd, suggestive, threatening, invasive of privacy or publicity rights, abusive, racially or ethnically offensive, fraudulent or otherwise inappropriate;
  • User Content that violates or otherwise encroaches on the rights of others;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity. This includes avatars and screen names;
  • User Content that comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all the license rights granted herein;
  • User Content that contains unsolicited promotions, political campaigning, advertising or solicitations;
  • User Content that contains private information of any third party, including, without limitation, email addresses, phone numbers, addresses, Social Security numbers and credit card numbers;
  • User content or calls to our service that contains viruses, worms, corrupt files, Trojan horses or other forms of code that may corrupt, or any other content which may compromise the Service;
  • User Content that, in the sole judgment Bumwinkers, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Bumwinkers or our users to any harm or liability of any type.
  • You must no provide content that provides a link to any of the above activities.

You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, avatars, information, and other files. You are also responsible for (but not limited to) the following;

  • Using a strong password and keeping that password safe.
  • Maintaining the confidentiality of any personally identifiable data you upload.
  • It is up to you to make sure all your information that you registered is up to date.
  • You are responsible for any activity and charges that occur under your screen name and account. You may not transfer your account.
Users must not:
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others
  • Use any of our Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Bumwinkers does not review all content that is uploaded to our site, so it is the user's responsibility to ensure all content uploaded to our site does not infringe any copyright laws or prohibited content. It is our sole discretion to determine whether user content uploaded is deemed to be prohibited. Bumwinkers may alter, modify, or delete user content without any notice or reason. We can at any time terminate a users account (and refuse them further use of the site) if we believe that a user has breached our terms of service.

User Content and our Licence

Bumwinkers provide services that allow users to upload their stories (whether in full or in part) and to also upload images and text. Any material that the user submits to our site (in whatever format) we call in this agreement "User Content". You own the rights to the User Content you create and post on Bumwinkers, and we do not claim any ownership rights, but we do need the right to use your User Content to across our Site Services and to promote our Services. We also need the right to sublicence your user content to our other users so that they can view your User Content, for example in their web browser. So any User Content that you contribute to the Site or create on the site using our services is subject to the following agreement. You agree to grant us a permanent and continuous (unless otherwise stated in this Agreement), royalty-free, fully-transferable, fully-paid, non-exclusive, (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, print, publish, copy, distribute, publicly perform, publicly display, republish, excerpt (in whole or in part), modify, reformat, translate, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after your user account has been closed or terminated. If we use your User Content for promotion or in any form as permitted in this license we will not be obligated to provide you compensation or other payments for any reason. We may offer users monetary compensation at our discretion for use of your User Content, for example to publish it in a book format. This license gives us right to "translate, modify, adapt, and create derivative works" from your user content. This is needed because in the normal operation of our service your User Content may be processed in a way that alters that user content, for example we may run it through a spellchecker or alter text to make it more presentable to other others. This license gives us right to sublicence your User Content to other users so that they can interact with your User Content in a way that our Services permit (for example to view your content others users have to download a page with your User Content and make a copy on their machine or make a copy on whatever media for their personal use). This licence does not permit other users to infringe on your copyright, for example it does not give users rights to make copies and distribute your work without your permission. You may terminate this Agreement at any time by submitting your termination request to us in writing. Upon any termination of this agreement, your license of your User Content to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination. This means that if you terminate this agreement we will still be able to use your User Content on our Site and sublicence it to our users, for example, in one of our Mushup stories, your User Content will remain as part of the story chain. This is to provide the integrity of the chain. We will remove any personal indentifiable information such as usernames and avatar images and replace them with anonymous substitutions. Also, after termination of your agreement, if we have used your User Content or sublicenced it to third parties to be used for promotions, or printed materials or any other types of production, then our rights to use your User Content continues until it terminates according to our terms of agreement with the third party. For example if we are using your User Material in a book then our right to use your material continues until all those books have been printed and sold. You're responsible for the content that you post. This means that you assume all risks related to it, including someone else's reliance on its accuracy, or claims related to intellectual property or other legal rights.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

Severability

If and in so far as any part or provision of the Terms and Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Terms and Conditions and the remaining provisions of the Terms and Conditions shall continue in full force and effect.

Copyright and Our Licence of Content To Users of the Site

You acknowledge that this Site and all information, content, data, graphics, web pages, text, files, software, product names, trade marks, logos, and trade names contained on this website (“Content”), including the manner in which the Content is presented and all information relating to it, are the property of Bumwinkers (Unless we express otherwise). You agree that you will not create derivative works of, adapt, translate, sub-license, export, merge, share, outsource, host, publish, or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow, or do anything that would infringe or otherwise prejudice the proprietary rights of Bumwinkers or allow any third party to access the Content. Subject to the terms of this Agreement you only have the right to use Content provided on this Site for your own personal and non-commercial use and in the manner in which we make such Content available, unless the Site expressly permits other uses. No right to any Content on the Site is granted to you unless we express otherwise.

Copyright Infringements

We respect the copyright of others, If you believe that any content on Bumwinkers infringes your copyright then please let us know imediately so that we can take the correct action. Contact us at enquiries@bumwin@ffkers.com referencing the details of the copyright infringement and the location on our Services that it can be found.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Website Availability

Website Availability

Website Availability

Website Availability

Website Availability