1. RULES OF ENGAGEMENT
2. THE SITE
The Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Site is the property of Bust Out or its content suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Bust Out hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site for personal or informational purposes only. Except as expressly authorized by Bust Out in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Site for any purpose. All rights not expressly granted herein are reserved to Bust Out and/or its licensors.
To use certain features of the Site or participate in certain activities sponsored by Bust Out, we might ask you to register as a user or participant. If so requested, each Site user must: (1) personally provide true, accurate, current and complete information on the Site’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Bust Out has reasonable grounds to suspect that any user’s Registration Data is untrue, inaccurate, not current or incomplete, Bust Out may suspend or terminate any and all current or future use of the Site by that user.
A user may receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
3. YOUR SUBMISSIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to Bust Out or the Site, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership of the Content, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable, world-wide license to Bust Out to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or part) on the Site. Bust Out has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Bust Out shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. Bust Out, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Site users and the public.
4. PRINCIPLES OF PARTICIPATION
In order to maximize the user experience at the Site, we ask you to follow these rules: (a) you shall not upload to, distribute through or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) you shall not use the Site in any manner that could be offensive to the Bust Out online community, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Site only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Bust Out for any purpose; (e) you will only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights; and (g) you shall not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services.
The Site is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Site or otherwise provide such information to Bust Out, including but not limited to personally identifiable information.
Bust Out may terminate a user’s ability to use the Site in Bust Out’s absolute discretion and for any reason. Bust Out is likely to terminate your use of the Site for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site; or (3) as required by law, regulation, court or governing agency order. Bust Out’s termination of any user’s access to the Site may be effected without notice and, on such termination, Bust Out may immediately bar any further access to the Site. Bust Out shall not be liable to any user or other third party for any termination of that user’s access to the Site. In the event of termination, Bust Out reserves the right to delete, or not delete a user’s Content at Bust Out’s sole discretion.
The Site may provide links to other websites. Bust Out exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
8. RESPONSIBILITY FOR USE; LIMITATIONS OF LIABILITY
Bust Out does not control the Content posted to the Bust Out Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Bust Out be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the Site. Each user must evaluate, and bear all risks associated with the use of the Site and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Site or any such Content.
Each user shall indemnify, defend and hold harmless Bust Out from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER’S USE OF THE SITE IS AT HIS OR HER SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUSTOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUSTOUT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SITE. IN NO EVENT SHALL BUSTOUT’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. TRADEMARK INFORMATION
“BUST OUT” and “BUST OUT SOLUTIONS” are trademarks of Bust Out. All other marks, names, and logos mentioned on the Bust Out site are the property of their respective owners. Your use of the Bust Out trademarks and other marks, names and logos set forth on the Site without prior written consent is strictly prohibited.
Bust Out respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Bust Out to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, MN 55415
12. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and Bust Out and govern each user’s use of Site, superseding any prior agreements. The Terms and the relationship between each user and Bust Out shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. This Site is controlled and operated by Bust Out from its offices within the State of Minnesota, United States of America. Bust Out makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Bust Out and any user.