Bunk1's Rollcall Terms of Service
By using the Bunk1 Rollcall web site, a service of Bunk1.com ("Bunk1"), located at
www.bunk1rollcall.com, you agree to be bound by the following "Terms of Service":
General terms
- You represent that you are 13 years or older.
- You accept sole responsibility for all of your activities on the site, including your conduct on the site and any and all content you may submit, post or share via Bunk1's Rollcall.
- You accept sole responsibility for keeping your password secure.
- You will not upload, post, email, transmit or otherwise make available any photos or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful;
- You will not harass, threaten, abuse or harm other Bunk1's Rollcall users in any way.
- You will not use the Bunk1's Rollcall service for any unauthorized or illegal purpose.
- You will be responsible for ensuring that you do not violate any laws of your jurisdiction (this includes international users), including but not limited to copyright laws.
- You will not upload or transmit viruses, worms or any other destructive code.
Content
- All images, graphics, video, audio files, text, software and other materials provided by or accessed through the Bunk1's Rollcall web site are protected by copyright and other laws of the United States and foreign countries. You may not copy or distribute such content without the copyright owner's consent and license. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not violate the terms of such copyright owner's consent and license to you or remove any copyright or other proprietary rights notices contained in the materials.
- Bunk1's Rollcall Inc reserves all right, title and interest in and to the Bunk1's Rollcall web site and Service is and will remain the exclusive property of Bunk1's Rollcall Inc and its licensors. This web site and Service are subject to the copyright, trademark and other laws of the United States and foreign countries.
Links to 3rd Party Sites
- Bunk1's Rollcall Inc may link the Bunk1's Rollcall web site to, or third parties may provide, links to third party web sites and materials. Bunk1's Rollcall Inc has no control over such sites and materials. You acknowledge and agree that Bunk1's Rollcall Inc is not responsible for the availability of such external sites or materials, and does not endorse and is not responsible or liable for any content, software, advertising, products or other materials on or available from such sites or materials. You further acknowledge and agree that Bunk1's Rollcall Inc 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 use of or reliance on any such images, content, software, goods or services or other material available on or through such third party web sites and materials.
Indemnification
- You agree to indemnify, defend and hold Bunk1's Rollcall Inc, our officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the Bunk1's Rollcall service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms of Service, or any activity related to access to or use of your account (including negligent and wrongful conduct) by you or any other person accessing the service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Disclaimer of Warranties
Bunk1's Rollcall Inc disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in the Bunk1's Rollcall service. Bunk1's Rollcall disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any contents, photos, information or other material. Bunk1's Rollcall Inc disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Bunk1's Rollcall service.
THE BUNK1'S ROLLCALL SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE BUNK1'S ROLLCALL SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BUNK1'S ROLLCALL INC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BUNK1'S ROLLCALL INC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BUNK1'S ROLLCALL SERVICE. BUNK1'S ROLLCALL INC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BUNK1'S ROLLCALL SERVICE. BUNK1'S ROLLCALL INC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BUNK1'S ROLLCALL SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BUNK1'S ROLLCALL SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BUNK1'S ROLLCALL SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BUNK1'S ROLLCALL SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BUNK1'S ROLLCALL INC OR ITS LICENSORS BE LIABLE TO ANY USER DUE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BUNK1'S ROLLCALL INC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BUNK1'S ROLLCALL SERVICE, FROM INABILITY TO USE THE BUNK1'S ROLLCALL SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUNK1'S ROLLCALL SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BUNK1'S ROLLCALL SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BUNK1'S ROLLCALL SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BUNK1'S ROLLCALL SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BUNK1'S ROLLCALL SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BUNK1'S ROLLCALL SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BUNK1'S ROLLCALL SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Bunk1's Rollcall Inc or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Termination and/or Modification of Service
- Violation of the Terms of Service will result in the termination of your Bunk1's Rollcall account.
- Bunk1's Rollcall Inc reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time. You acknowledge that Bunk1's Rollcall Inc may from time to time upon prior written notice to you change the services offered, including, without limitation, establish general practices and limits concerning use of the Service the maximum number of days or maximum amount of Submissions will be retained by the Service, the amount and frequency that Submissions may be sent from or received by an account on the Service, the maximum size of any Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Bunk1's Rollcall's 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, and charge for services that Bunk1's Rollcall may have previously offered without charge. You agree that Bunk1's Rollcall Inc has no responsibility or liability for the deletion or failure to store any Submissions and other content or materials maintained or transmitted by the Service. You further acknowledge that Bunk1's Rollcall Inc reserves the right to modify these general practices and limits from time to time.
Other Terms
- Bunk1's Rollcall Inc reserves the right to update, alter or modify these "Terms of Service" at any time. You will be notified via email of any material change (as determined by Bunk1's Rollcall Inc) in the terms of service.
- These Terms of Service constitute the entire agreement between you and Bunk1's Rollcall Inc and governs your use of the Bunk1's Rollcall service, superseding any prior agreements between you and Bunk1's Rollcall Inc with respect to the Bunk1's Rollcall service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bunk1's Rollcall services, affiliate services, third-party content or third-party software.
- These Terms of Service and the relationship between you and Bunk1's Rollcall Inc shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Bunk1's Rollcall Inc agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
- If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
