BUNITY and www.bunity.com is a product/service/trading name of Cedar Creek Ltd. a company incorporated in England and Wales with registered number 6219685 whose registered office is at 869 High Road, London, N12 8QA, UK.
Please read our terms and conditions, which you (hereafter 'the Subscriber') agree to, in subscribing for any BUNITY service or package. As a user of BUNITY services you accept that by using this service you agree that BUNITY assumes no responsibility for the nature or content of anything contained on this website and disclaim all liability in respect of such nature or content. Use of this service is subject to our Terms and Conditions of Use.
The Service is offered to Subscriber conditioned upon Subscriber's acceptance without modification of this Agreement. Subscriber acknowledges that, from time to time, it may be necessary for BUNITY to update or revise certain provisions of the Agreement. By signing up for any BUNITY Service and accepting this Agreement, Subscriber agrees that BUNITY may change the terms of the Agreement in its sole discretion without specific notice to Subscriber. If Subscriber does not agree to the changes proposed by Cedar Creek Ltd. or to any terms in this Agreement, Subscriber's sole and exclusive remedy is to cancel Subscriber's BUNITY Subscription ("Subscriber's Account"). Notwithstanding the foregoing, BUNITY reserve the right to cancel, suspend or refuse access to the Service to anyone in their sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Users are granted access to BUNITY services subject to the following Terms and Conditions ("TACS").
IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
Terms and Conditions
Subscriber shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Subscriber agrees that Subscriber will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Subscriber created websites, in accordance with this Agreement. This means, among other activities, that Subscriber agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Subscriber agrees that Subscriber will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of BUNITY Subscriber agrees that Subscriber will not access or attempt to access password protected, secure or non-public areas of the Service. If Subscriber attempts to access prohibited areas of the Service, Subscriber may be subject to prosecution.
If Subscriber is required to pay a fee for all or any part of the Service for which Subscriber has chosen to register, Subscriber hereby authorizes BUNITY to charge Subscriber's valid and current credit or debit card in advance for all applicable fees incurred by Subscriber in connection with Subscriber's chosen Service and Subscriber's Account. Subscriber's Service and Account will automatically renew at the end of each subscription period, unless the Service or Subscriber Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Subscriber Account, these fees will be billed automatically to the Subscriber's designated valid and current credit or debit card at the start of each renewal period, unless Subscriber terminates the Service before the relevant period begins. If Subscriber registered for the Service using a promotional code or discount, after the initial promotional period expires, Subscriber's subscription and any purchased upgrades will automatically be renewed and billing will continue at the then-current prices for the Service. Subscriber further acknowledges that it is Subscriber's responsibility to notify BUNITY of any changes to Subscriber's credit card and to update Subscriber's credit card number if Subscriber's credit card has expired otherwise Subscriber's access to the Service may be disconnected or interrupted. Fees shall be paid in Euros for European-based Subscribers, GBP for UK based subscribers and in USD for subscribers based in the USA and all other territories not previously mentioned, unless otherwise agreed with BUNITY and acknowledged in writing.
BUNITY shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for trial sites, the identity of the person registered for the trial period. BUNITY reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which it may not currently charge a fee) at any time, provided, however, that BUNITY will provide Subscriber with reasonable notice prior to making any fee changes. In addition, BUNITY will also give Subscriber reasonable notice before any modification to the Service that could adversely impact Subscriber's Services. If Subscriber finds any change to the Service to be unacceptable, Subscriber is free to cancel any part of the Service or Subscriber's Account at any time, but BUNITY will not refund any remaining portion of Subscriber's pre-paid fees when Subscriber cancels any part of the Service or Subscriber's Account.
Subscriber agrees to pay Subscriber's Account balance on time. Subscriber also agrees to pay any taxes, including sales or use taxes, resulting from Subscriber's use of the Service. Subscriber is responsible and liable for any fees, including attorney and collection fees, that BUNITY may incur in its efforts to collect any remaining balances due from Subscriber. This Section 2 shall in no way limit any other remedies available to BUNITY. Subscriber also acknowledges and agrees that Subscriber will be billed for and will pay any outstanding balances if Subscriber cancels Subscriber's Account or Subscriber's Account is terminated due to Subscriber's breach of this Agreement. Subscriber must notify BUNITY of any billing problems or discrepancies within sixty (60) days after they first appear on Subscriber's credit card account statement. If Subscriber does not notify BUNITY within sixty (60) days, Subscriber waives any right to dispute such problems or discrepancies.
BUNITY offers its Subscribers free email support as well as extensive help material that is available online. Subscribers may submit support related questions or concerns by email to: support@bunity.com referencing their account username and business name. Subscribers can also find answers to common support questions on help.bunity.com and/or via live chat on www.bunity.com.
BUNITY provides professional business services and we expect that our Subscribers conduct themselves in a professional manner with regards to the use of our services. Subscriber, and not BUNITY, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Subscriber Content") posted via the Service. Subscriber, and not BUNITY, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Subscriber's use of the Service. Subscriber shall not use the Service for any illegal purpose in violation of any local, state, federal, European or international law. Subscriber must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Subscriber's use of the Service. If the Service does not provide adequate facility or features for Subscriber to provide such Information and Actions, then Subscriber shall not use the Service. BUNITY does not control or monitor the Subscriber Content posted via the Service and as such does not guarantee the accuracy, integrity or quality of such content. BUNITY reserves the right, but is not obligated to review the Subscriber Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. BUNITY also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Subscriber Content in BUNITY's sole discretion. With respect to the content on the Subscriber Website, Subscriber agrees not to:
Adult Nudity & Sexual Activity
People sometimes share content containing nudity for reasons like awareness campaigns or artistic projects. We restrict the display of nudity and sexual activity because some audiences within our global community may be sensitive to this type of content - particularly because of their cultural background or age. In order to treat people fairly and respond to reports quickly, it is essential that we have policies in place that our global teams can apply uniformly and easily when reviewing content. As a result, our policies can sometimes be more blunt than we would like and restrict content shared for legitimate purposes. We are always working to get better at evaluating this content and enforcing our standards.
We remove photographs of people displaying genitals or focusing in on fully exposed buttocks. We also restrict some images of female breasts if they include the nipple, but our intent is to allow images that are shared for medical or health purposes. We also allow photos of women actively engaged in breastfeeding or showing breasts with post-mastectomy scarring. We also allow photographs of paintings, sculptures, and other art that depicts nude figures. Restrictions on the display of sexual activity also apply to digitally created content unless the content is posted for educational, humorous, or satirical purposes. Explicit images of sexual intercourse are prohibited. Descriptions of sexual acts that go into vivid detail may also be removed. BUNITY may terminate Subscriber's account for failure to comply with the above listed rules of Subscriber Conduct.
The nature of BUNITY's database driven technology means that it is physically impossible for a Subscriber to own a copy of their BUNITY showcase. You agree not to hold BUNITY liable and BUNITY accepts no liability in respect of, the loss of all data relating to their website. Subscribers are strongly advised to keep copies of any data, images, music or otherwise that they upload onto their BUNITY showcase.
BUNITY and all its associated web-based products and services cannot be used either directly or indirectly to distribute UCE (unsolicited mass email), also known as "Spam".
We have zero tolerance towards Spam, if you Spam, all your BUNITY web-based services may be immediately cancelled/suspended while we review your account. If you are found to be in deliberate violation of our Anti-Spam Policy, your account will be cancelled and you will be banned from using our services in the future. You will also be liable in full for any legal consequences resulting from your spamming activities. For further questions, please email: abuse@bunity.com.
You can cancel your BUNITY subscription at any time via your My Account section. Please note that should you cancel your subscription your showcase will remain accessible until your subscription ends, upon which time your showcase will be locked, i.e. become inaccessible. We will hold on to your showcase data for 30 days, after which all its contents will be deleted.
BUNITY takes no responsibility for additional funds taken from your card unless you explicitly cancel your agreement and receive confirmation that this has taken place.
Refunds are only provided at the discretion of BUNITY. If for any reason you wish to apply for a refund, please send a detailed e-mail to: support@bunity.com.
BUNITY offers both month-to-month and annual subscription services that you are able to terminate at any time. BUNITY may also suspend or terminate Subscriber's Service or Subscriber's Account if in BUNITY's sole discretion, it determines just cause. Additionally, BUNITY, in its sole discretion, may terminate Subscriber's Site, Subscriber's Account or Subscriber's use of the Service including, without limitation, (i) if Subscriber breaches this Agreement, (ii) if BUNITY is unable to verify or authenticate any information that Subscriber provides to BUNITY, or (iii) if BUNITY believes that Subscriber has violated or acted inconsistently with the spirit of this Agreement. If BUNITY terminates Subscriber's Account pursuant to (i), (ii) or (iii) above, Subscriber will forfeit all credits, pre-paid fees, and any other amounts accruing to Subscriber, if any, and BUNITY shall not be required to refund, redeem, or pay amounts to Subscriber upon such termination. Whenever deemed possible BUNITY will provide due warning before an account is suspended or terminated.
Upon termination of Subscriber's Account for any reason, BUNITY reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Subscriber; (b) delete any Subscriber Content, listings, messages or other information in connection with Subscriber's Account; (c) prohibit Subscriber's access to Subscriber's Account, including without limitation by deactivating Subscriber's password; and (d) refuse Subscriber future access to the Service. In no event shall BUNITY be required to refund, redeem, or pay amounts to Subscriber upon termination of Service or return any Subscriber Content.
For Subscriber's convenience, the Service may contain products, services, content and information from third party providers and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of BUNITY and BUNITY is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. BUNITY is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. BUNITY is providing such Third Party Content to Subscriber only as a convenience, and the inclusion of such content does not imply endorsement by BUNITY of such content or the affiliate or advertiser. Subscriber may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. BUNITY does reserve the right to remove content that, in its judgment, does not meet its standards, but BUNITY is not responsible for any failure or delay in removing such material.
BUNITY is not and will not be responsible for (i) the terms and conditions of any transaction between Subscriber and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Subscriber has a dispute with any such third party, Subscriber releases BUNITY (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Subscriber EXPRESSLY UNDERSTANDS AND AGREES THAT:
IN NO EVENT SHALL BUNITY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF BUNITY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO Subscriber. IN NO EVENT SHALL BUNITY'S AGGREGATE LIABILITY TO Subscriber AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT Subscriber ACTUALLY PAYS TO BUNITY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR USD $500 (US DOLLARS), WHICHEVER IS LESS.
Without limiting the foregoing, neither BUNITY nor its suppliers is responsible for any of Subscriber's data residing on the Service or BUNITY suppliers' hardware. It is Subscriber's responsibility to take the necessary steps to ensure that Subscriber's primary means of business is maintained (if applicable).
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the BUNITY Services in accordance with these Terms of Service.
BUNITY does not claim ownership of the Subscriber Content that Subscriber provides to BUNITY and/or places on the Subscriber Showcase. However, Subscriber grants BUNITY a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Subscriber Content on and through the Service and in BUNITY's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Subscriber Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Subscriber with respect to BUNITY or its sub-licensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Subscriber Site, Subscriber warrants and represents that Subscriber owns or otherwise controls the rights necessary to do so and to grant BUNITY the license set forth above, and, pursuant to the terms set forth in this agreement, Subscriber will defend and indemnify BUNITY and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
Subscriber acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscriber further acknowledges and agrees that content contained in sponsor advertisements or information presented to Subscriber through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
BUNITY provides Subscriber with a non-exclusive, non-transferable, limited license to use the Software, which Subscriber agrees to use in accordance with this Agreement. Subscriber may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from BUNITY. The BUNITY Software is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of BUNITY and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Subscriber MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Subscriber agrees to indemnify and hold BUNITY and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Subscriber's breach of this Agreement; (ii) any information (including but not limited to Subscriber Content and Subscriber's publicly posted information) submitted, posted, or otherwise provided by Subscriber at the Subscriber Showcase and/or to BUNITY and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Subscriber's actions; and (iv) Subscriber's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Subscriber's relationship with BUNITY or Subscriber's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of BUNITY and/or its suppliers, affiliates, partners, subsidiaries and employees.
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by BUNITY, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the BUNITY (and any successor Websites or additional Websites or any co-branded Web sites), and/or the Software, is permitted without the written permission of BUNITY. Any rights not expressly granted herein are reserved.
BUNITY reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Subscriber agrees that BUNITY shall not be liable to Subscriber or to any third party for any modification, suspension or discontinuance of the Service. Subscriber further agrees that BUNITY shall have the right to remove any feature from the Subscriber Site, with or without notice to Subscriber, at any time at BUNITYs sole discretion, if BUNITY discontinues offering the feature for any reason. If Subscriber does not agree to any such modifications, Subscriber's sole and exclusive remedy is to cancel Subscriber's Account.
Subscriber agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in England under the LCIA (formerly known as the London Court of International Arbitration) by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Subscriber agrees that any claim against BUNITY must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
>Notwithstanding the above, BUNITY may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary.
This Agreement shall be governed in all respects by the laws of the England & Wales. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in the England and further agree that any such action or proceeding shall be brought in a court in England.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BUNITY's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Subscriber shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of BUNITY, and any such attempted assignment shall be void. BUNITY shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Subscriber. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between BUNITY and Subscriber with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
Please report any violations of these Terms and Conditions to support@bunity.com
Subscriber ACKNOWLEDGES THAT Subscriber HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT Subscriber AGREES TO ALL ITS TERMS AND CONDITIONS. Subscriber HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Service-Specific Terms: The following terms apply in addition to the points stated above. BUNITY may change service providers or stop providing the following services at any time without notice to Subscriber; and Subscriber shall permit BUNITY to act as its agent with respect to the following services:
BUNITY has chosen independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, to provide domain name registration services. Subscriber hereby authorizes BUNITY if requested, to transfer in or acquire Subscriber's selected domain name from TPDNVs. In order to receive a domain name, Subscriber must agree and remain agreeable through the use of the Domain Name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion to the TPDNVs' terms of service. Subscriber understands that Subscriber is creating a separate contractual relationship between Subscriber and the TPDNVs, and that Subscriber, and not BUNITY, is responsible for all liability, and obligations in connection with that relationship.
As part of the Service, BUNITY may provide its Subscribers with links to Third Party Image Vendors ("TPIV") from where they can obtain clip-art and photos to incorporate into their Subscriber Web websites. In using the clip-art and photos, Subscriber is governed by an Image License Agreement with a Third Party Image Vendor ("TPIV"). Subscriber understands that the Image License Agreement is a separate contractual relationship between Subscriber and the TPIV, and that Subscriber, and not BUNITY, is responsible for all liability, and obligations in connection with that relationship. BUNITY is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Subscriber and the TPIV ("TPIV Dispute"). In the event of a TPIV Dispute, Subscriber hereby releases BUNITY(and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.