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Terms of use

his website, http://www.thebumbag.com and the mobile application (the “Site”) is hosted by The BumBag Co., a California corporation (“BUMBAG”).  We welcome all users to the Site.  All users, including those who are less than 18 years of age (“Minors”), should read our privacy policy available on our Site.  Our privacy policy explains our practices regarding the collection, use, and disclosure of personal information from users and Minors who register on the Site and describes a parent’s or guardian's (each, a “Parent”) ability to limit the collection and use of data collected from the Minor.  If you are a Minor, your parent or legal guardian must agree to these Terms of Use on your behalf and you may register an account or shop on the Site with permission from your parent or legal guardian.  Individuals may use many aspects of the Site without providing any personal information.


By using the Site, you agree to be bound by all the terms and conditions contained in these Terms of Use.  Please read these Terms of Use carefully.  When you use any current or future version of the Site or any other BUMBAG Site, you also will be subject to these Terms of Use.  Please print a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post those in a new Terms of Use. Your use of the Site following any such modification constitutes your agreement to the modified Terms of Use. You should visit this page frequently to learn of any changes to these Terms of Use.


Acceptable Use of the Site and Services

 

You are responsible for your use of the Site, and for any use of the Site made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site, you may not:


  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site;
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Trademarks

BUMBAG is a registered trademark of The BumBag Co., a California corporation. BUMBAG and other marks indicated on our Site are trademarks or registered trademarks of The BumBag Co., a California corporation.  All rights in such names are reserved.


All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all BUMBAG or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BUMBAG or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of BUMBAG or any third party.


Copyright

Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by BUMBAG or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of BUMBAG or any third party.


The Site and the information contained on it are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of BUMBAG or its lawful successors and assigns.


Notice of Copyright or Trademark Infringement

BUMBAG respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes infringement, please provide BUMBAG with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Site that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address, so that BUMBAG may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), we have designated a copyright agent to receive copyright infringement notices. BUMBAG agent for notice of claims of copyright or trademark infringement on the Site is:

Bradley Hooker, CEO, BUMBAG, 2270 Camino Vida Roble, Carlsbad, CA 92011, bumbag.brad@gmail.com or (760) 277-1012


Forums

As used in these Terms of Use, “Forum” means an area, site, or feature (such as chat rooms, bulletin boards, BUMBAG pages on social media sites, and e-mail or instant messaging features) offered as part of the Site that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Site visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Forum, your use is at your own risk.


We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Site.


User Profile Information

When you set up a user profile, BUMBAG will require you to provide a password, username, or other information such as your name and email address. You agree and represent that all of the information you provided is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, or assign or sub-license your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the Site including, but not limited to, use of the Site by any person who uses your user profile, with or without authorization. You agree to notify BUMBAG of any breach of security on your account. BUMBAG will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.


You are responsible for the protection of the password that you use to access the Site and for any activities or actions under your password. We encourage the use of “strong” passwords with your account.


User Content

The Site allows you to upload, submit, store, send, or receive content and data (“User Content”) such as through a Forum or a contest or sweepstakes.  You retain ownership of any intellectual property rights that you hold in that User Content.  In other words, you own your User Content.


When you upload, submit, store, send, or receive User Content to or through the Site, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content.  This license is for the purpose of operating, promoting, and improving the Site, to promote BUMBAG, as well as for other purposes that BUMBAG may determine in its sole discretion.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site. 

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