- By accessing the Websites, you agree to the following terms and conditions (the “Terms and Conditions” or “Agreement”). You are legally bound by this Agreement, which is between you and Bunkcasa.com . The Agreement defines your rights and responsibilities as a user ("User") of the Websites, which are owned and operated by MBM Corporation, bunkcasa.com or its subsidiaries (together with other subsidiaries and affiliates, “Bunkcasa.com (s),” “we,” or “us”). The Websites are operated in the United States of America. Access to the Websites is governed by these Terms and Conditions under the laws of the State of Ohio and the United States. Registration as a User on the any of the Websites results in your information being stored and processed in the United States, and you specifically consent to Bunkcasa.com’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. Users of the Websites can communicate with other Users in order to collaborate and exchange historical information and/or images (together with the Users of the Websites and other websites and platforms owned by MBM Corporation, Bunkcasa.com or any of it’s affiliate companies.
- The Websites and Services provided herein are intended for adults. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor’s actions.
- These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Websites, shall constitute the entire agreement between you and Bunkcasa.com concerning the Websites. If you don't agree with any of these Terms, or if you have any objections to our Privacy Statement you must not use the Services or the Websites.
- Your Bunkcasa.com Account and Site. If you create a site on Bunkcasa.com, you are responsible for maintaining the security of your account and aite, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MBM Corp may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MBM Corp liability. You must immediately notify MBM Corp. of any unauthorized uses of your blog, your account or any other breaches of security. MBM Corp will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.
- If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms.
- By submitting Content to MBM Corp. for inclusion on your Website, you grant MBM Corp a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows MBM Corp to make publicly-posted content available to third parties selected by MBM Corp so that these third parties can analyze and distribute (but not publicly display) your content through their services.
- You also give other Bunkcasa.com users permission to share your Content on other Bunkcasa.com sites and add their own Content to it (aka to repost your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site.
- If you delete Content, MBM Corp. will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, MBM Corp has the right (though not the obligation) to, in MBM Corp’s sole discretion (i) refuse or remove any content that, in MBM Corp’s reasonable opinion, violates any MBM Corp policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MBM Corp’s sole discretion. MBM Corp will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
- By signing up for our paid service you agree to pay Automattic the monthly, quarterly, or annual subscription fees indicated for that service, along with a one-time Setup Fee. Payments will be charged on a pre-pay basis on the day you sign up for service and will cover the use of that service for a monthly, quarterly, or annual subscription period as indicated. Service fees are not refundable.
- Automatic Renewal.
- Unless you notify MBM Corp. before the end of the applicable subscription period that you want to cancel your service, your subscription will automatically renew and you authorize us to collect the then-applicable annual, quarterly, or monthly subscription fee for such Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time in the admin section of your site’s dashboard.
- Responsibility of Website Visitors. MBM Corp has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MBM Corp does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MBM Corp disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bunkcasa.com links, and that link to Bunkcasa.com. MBM Corp does not have any control over those non-Bunkcasa websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bunkcasa website or webpage, MBM Corp does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MBM Corp disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Intellectual Property. This Agreement does not transfer from MBM Corp. to you any MBM Corp. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MBM Corp.. MBM Corp., Bunkcasa, Bunkcasa.com, the Bunkcasa.com logo, and all other trademarks, service marks, graphics and logos used in connection with Bunkcasa.com, or the Website are trademarks or registered trademarks of MBM Corp. or MBM Corp’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MBM Corp. or third-party trademarks.
- Advertisements. MBM Corp reserves the right to display advertisements on your site.
- Advertising Revenue Sharing
- The Member agrees to display advertisements placed by Bunkcasa.com, graphic or mutually agreed to content on its website or in e-mail newsletters in the form of a banner, tile, button, link and/or other graphic element that is mutually agreed upon (hereinafter "Customer Contact").
- The Client agrees not to modify the Bunkcasa' icon, message or image(s) in any way. The Company reserves all of its rights in its icon, message, trade names, trademarks and all other intellectual property rights.
- Bunkcasa.com agrees to pay the Member 25% of the advertising revenue brought in by the Member’s site.
- Payment will be paid net 30 following the end of each calendar month. Monthly net sales are determined on the 10/th/ day of the month following.
- Attribution. MBM Corp reserves the right to display attribution links.. Footer credits and the Bunkcasa.com toolbar may not be altered or removed.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Name Registration and Customer Service Agreement.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using WordPress.com within the designated notice period. Your continued use of WordPress.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. MBM Corp may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bunkcasa.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Indemnification. You agree to indemnify and hold harmless MBM Corp, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Images, Media, Content and Information. Each member has the right to and guarantees they have permission to post Images, Media, Content and or Information about the person for which they are seeking a match.
- Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of MBM Corp, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
- Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
- Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions i5.
Communications Between MBM Corp and You
- We may contact you (via the Websites, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Websites or Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.
Modifications to this Agreement
- MBM Corp has the right, at its sole discretion, to modify this Agreement, as well as the Websites, Content, and the Services, at any time. Changes will be posted on the pertinent Website(s) and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Websites, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Websites or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.
- We make no express warranties or representations as to the quality and/or accuracy of the Content, the Websites or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We make no GUARANTEE of a match, perfect or otherwise for any member or their relatives, children, friends, neighbors or acquaintances of any kind. We offer the Content, the Websites and the Services on an "as is” basis and do not accept responsibility for any use of or reliance on the Websites, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Services. MBM Corp does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Websites, the Services, their servers, or any emails which may be sent from MMM are free of viruses or any other harmful components.
- To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
- You agree to defend, indemnify and hold harmless MBM Corp, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Websites and Services.
- MBM Corp may, from time to time, provide opportunities to Users of the Websites to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those applicable to the Websites and it is your responsibility to ensure that you have read and understood them.MBM Corp makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from MBM Corp
- Governing Law; Disputes
- By using the Services or the Websites, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Ohio, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Websites and the Services, and any dispute of any sort that might arise between you and MBM Corp.
- If a dispute arises between you and MBM Corp, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact MBM Corp Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and MBM Corp agree that any dispute or claim relating to your use of the Services or the Websites will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and MBM Corp both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and MBM Corp each waive any right to a jury trial.
- You and MBM Corp agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and MBM Corp agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your MBM Corp membership(s).
- To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to MBM Corp Legal Department, Bunkcasa.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by MMM.
- If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the following information:
- For all of the Websites, official correspondence must be sent via email:
Attn: Member Solutions