Last Updated: March 8, 2010
BumperSoft Software Developers Center provides a centralized location where software publishers may submit new products and product updates to BumperSoft Networks for evaluation. Properly submitted products and product updates will be included in the BumperSoft Downloads library, subject to these terms, conditions and notices (these "TERMS"). Your use of BumperSoft Software Developers Center (the "SERVICE") is based on your acceptance, without modification, of the TERMS.
We reserve the right, in our sole discretion, to modify these TERMS, BumperSoft TOU and any service offerings or pricing, at any time, without notice, effective upon the date we post revised terms or fees on our site. Your continued use of the SERVICE constitutes your binding acceptance of these TERMS, and BumperSoft TOU including any changes or modifications that we may make. If any part of these TERMS, BumperSoft TOU or any future changes to these TERMS are not acceptable to you, you may cancel your SERVICE by contacting us through our support form.
We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the SERVICE at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the SERVICE at any time, including the availability of any SERVICE feature, database or content, without prior notice or liability. We reserve the right to remove any material that you submit to the SERVICE for any reason without notice to you. Our goal is to ensure timely processing services, however, we do not guarantee that your product will be processed within the expected time frames.
We will not be liable, and you will not be entitled to a refund for service outages that are caused by our maintenance on the servers or the technology that underlies the SERVICE, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance, court order, legislative or regulatory action, catastrophic weather condition, third party interference or other cause beyond our reasonable control.
1.0 SUBMISSION REQUIREMENTS
Submitting a product or product update to the SERVICE does not guarantee that we will include it in our BumperSoft Downloads library or place it on BumperSoft. We will not issue you a refund for "Speedy Processing" fees if we reject your product during the evaluation process or at any time thereafter. It is important that you become familiar with the Submission Requirements that we have developed to assist software publishers during the submission process. Please remember that if your product does not comply with our Submission Requirements, we may remove it from our sites without prior notice to you.
2.0 PAID PACKAGES, PAYMENT, RENEWAL, AND CANCELLATION
Some packages and/or services (the "PAID PACKAGE" or "PAID PACKAGES") on SERVICE may be offered to you conditioned on your purchase.
One-Time Service Fee Package: We will charge your credit card a one-time service fee every time you purchase the PAID PACKAGE.
Subscription-based Package: Monthly subscription will be measured from the date you purchase the PAID PACKAGE. Your subscription will automatically renew for an additional month on the anniversary of your PAID PACKAGE purchase date and we will charge your credit card the applicable fee on that date. You may cancel your PAID PACKAGE at any time through the BumperSoft Software Developers Center.
You are responsible for the full payment of the PAID PACKAGES. PAID PACKAGE fees are not refundable for any reason. You may use a major credit card to pay for the PAID PACKAGE. If you choose to use your credit card to pay for the PAID PACKAGE, you hereby authorize BLAZINGFORCE to charge your credit card to pay your PAID PACKAGE fees and any automatic renewals. If you selected a subscription-based PAID PACKAGE, we will renew it automatically and we will charge your credit card for the price of a then-current subscription.
You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will be responsible for charges for any services that you purchase that are offered for sale through the SERVICE. In addition, you are also responsible for paying any amounts billed to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs. BumperSoft is not liable in any way for charges due to credit card theft and any such disputes must be taken up with the credit card company of the cardholder.
If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your credit card issuer agreement governs your use of your designated credit card in connection with the SERVICE, and you must refer to that agreement and not these TERMS to determine your rights and liabilities as a cardholder.
3.0 PROTECT YOUR PASSWORD & ACCOUNT
You agree to provide true, accurate, current, and complete information about yourself as requested in the SERVICE's registration process and to update your information. You also agree to provide true, accurate, current, and complete information for your billing account in order to receive the services ordered. You must promptly update all information to keep your billing account current, complete, and accurate (such as change of billing address, credit card number, or credit card expiration date), and you must promptly notify BumperSoft if your payment method is canceled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account or password. Changes to such information can be made at http://developers.bumpersoft.com/developers/. You may not reveal your account password to anyone else and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your account and password. Unauthorized access to the SERVICE is a breach of these TERMS and a violation of the law.
4.0 REQUEST FOR REMOVAL OF LISTINGS WITHIN THE BUMPERSOFT DOWNLOAD LIBRARY
In addition to indexing and listing material that is submitted directly by a publisher, the SERVICE also lists material that is freely available on the World Wide Web. Occasionally the software publisher of a particular software title that is freely available on the World Wide Web may request that we remove such software title from our search results. Requests for removal should be made by submitting support form. We will consider such requests individually.
5.0 YOUR RESPONSIBILITY TO BUMPERSOFT USERS
You will be solely responsible for all claims and losses associated with or resulting from the materials you submit to our sites, including without limitation any warranty, return, or support obligation. If users report that your product's description contains a misrepresentation about the product's price, function, performance, or specifications, we will request that you contact the user or the user to contact you. If you fail to respond satisfactorily to us or to the user in a timely manner, or if we receive an excessive manner of complaints, we may remove your product from our library.
6.0 YOUR CONDUCT ON THE SERVICE
If we discover that you have manipulated the data or statistics for a certain product, we reserve the right to remove the product from the BumperSoft Downloads library and from BumperSoft.com.
You certify that you own all intellectual property rights in any materials, including but not limited to software products, that you submit to us for display on our sites and that the operation or distribution of such work does not, and will not, violate any law or third party rights. You also grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to use, reproduce, transmit, distribute, publicly display, publish, publicly perform, digitally perform, sublicense, transfer, sell and create derivative works of the materials, including but not limited to software products, that you submit and subsequent versions of such work for the limited purposes of (i) distributing the work, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (ii) storing the work in a remote database accessible by users. Such license shall apply to distribution and storage of the work in any form, media, or technology now known or later developed. You agree that we may place your materials on the sites of our partners around the world. You understand and agree that our editorial teams may review any materials that you submit to our sites and that such reviews will not be influenced by your business relationship with BumperSoft.
You will not use the SERVICE for illegal purposes. Use of the SERVICE is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SERVICE or information provided to or gathered by us with respect to such use.
7.0 LEGAL POLICIES & NOTICES
You hereby agree to indemnify, defend and hold BumperSoft Networks, and all of our officers, directors, owners, agents, information providers, affiliates and necessary sublicensees (collectively, the "BUMPERSOFT PARTIES") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any BUMPERSOFT PARTY in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the SERVICE, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the SERVICE. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
The listing, or absence of listing, of any document in the SERVICE’s search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the SERVICE’s search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the SERVICE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
These TERMS shall be construed in accordance with the laws of the State of Nevada, and the parties irrevocably consent to bring any action to enforce these TERMS in the federal or state courts located within the state of Nevada. These TERMS constitute the entire agreement between you and BumperSoft Networks with respect to the SERVICE, and supersedes all previous written or oral agreements. If any part of these TERMS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TERMS shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.