Pumped

Terms of Service

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the pumped Application (the "Application") operated by pumped LLC, a(n) company formed in Utah, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application. By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application. We reserve the right to update these Terms from time to time in our discretion. 1. Accounts Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must: 1. be at least 18 years old 2. Have the authority to enter into these Terms (whether personally or on behalf of the company you represent) and fully abide by them; and 3. be legally permitted to use the App by the laws of your home country. We cannot allow you to use another person’s account or to share your Account with any other person without permission. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third party service. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. 2. Types of Content By submitting a comment or uploading content onto this Application, you grant pumped LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute content. When you make a comment or upload any content onto this Application, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. pumped is not responsible for and does not control User Content, including the accuracy or completeness of User Content. You acknowledge and agree that your use of User Content and your interaction with other users through the Service is at your own risk. We reserve the right to remove any content or comment at any time in our sole discretion. The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Application:  Content that harrasses others;  Impersonates any other person  Content that is discriminatory or offensive;  Swearing, name calling and otherwise abusive content;  Pornographic and sexually explicit content;  Content displaying, depicting or suggesting violence;  Content that exploits or abuses children;  Content encouraging or committing illegal acts;  Content sharing personal information without consent;  Content infringing on someone’s rights, including intellectual property rights;  Content advertising products or services without our permission;  Involves the transmission of “junk” mail or “spam” 3. Prohibited uses Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on pumped, as well as the pumped software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions: 1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App; 2. you shall not use our name in metatags, keywords and/or hidden text; 3. you shall not the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application; 4. you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and 5. you shall use Our Content for lawful purposes only. This is a non-exhaustive list, and We reserve all other rights. You agree that you will not: 1. act in an unlawful or unprofessional manner. 2. Stalk or harass any other user of the App. 3. develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Bumble or its services, or otherwise copy profiles and other data from the services. No Obligation to Pre-Screen Content. Since pumped is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages. 4. DISCLAIMER OF WARRANTIES THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, pumped, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, pumped PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED 5. Availability, errors and inaccuracies We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We assume no liability for any activity that occurs off the app as a result of content on the app. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.  6. DAMAGES AND LIMITATION OF LIABILITY NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW. 7. Links to third party websites The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform. Futhermore, any third party links posted inside events on pumped must themselves follow our Content Policy as stated above. 8. Intellectual property and DMCA notice and procedure for intellectual property infringement claims All contents of this Application are ©2022 pumped LLC or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of pumped LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of pumped LLC or third parties in the United States and/or other countries. If you are aware of a potential infringement of our intellectual property, please contact Alex at support@pumped.io We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity. If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest; 2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work; 3. Your name, email, address and telephone number; and 4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law. Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application. You may submit your claim to us by contacting us at: pumped LLC support@pumped.io 610 E 2330 N North Logan UT, 84341 9. Moderation and enforcement We utilize two methods to moderate objectionable content on pumped. They are: 1. Users post events in real time, and our content moderators monitor events posted on a regular basis. 2. Users post events in real time, and other users have the ability to report or hide the content, or if it is a user’s profile, report or block the user. If a user feels, for any reason, that an event or a user profile contains offensive, spam-like, sexual, hateful, or any other content that violates pumped’s Terms of Service, that user may  1. Report the event or profile to pumped, 2. Block that user on the platform. If a user is abusive or behaves on pumped in any way that violates pumped’s Terms of Service, another user may report that user to pumped and/or block that user. So, by incorporating this approach to moderate content and filter objectionable content, we aim to provide our users with a high quality experience and minimize inappropriate behavior. We take our Terms of Service very seriously and enforce our rules through our moderation policy strictly. ENFORCEMENT Once a user reports an event or user profile to pumped, one of our content moderators will review the reported material within 24 hours, if not sooner due to real time moderation by our content moderation team. If the reported content is an event, and the event violates our Terms of Service, the event will immediately be taken down and notice and warning given to the user who posted the event as well as users who joined the event. If it is a serious infraction, the user will be immediately removed and banned from the pumped platform without notice or warning. If the reported content is a user or user’s profile, and the user’s profile or user’s behavior is deemed to be in violation of pumped’s Terms of Service, the prohibited content will immediately be removed by the content moderator and the user in question will be notified and warned. If it is a serious infraction, the user will be immediately removed and banned from the pumped platform without notice or warning. We take our Terms of Service very seriously and make our best attempt to well-inform our users of our Terms so that they may follow them and maintain a high quality experience on pumped for all users. We uphold a zero tolerance enforcement policy where prohibited content is removed immediately, users only receive one warning from low to moderate infractions, and no warning and immediate removal and banning from the pumped platform for serious or purposeful infractions. 10. Governing law, severability, dispute resolution and venue Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located in Logan and Cache County. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect[; provided, however, that if any fundamental term or provision of this Agreement (including without limitation [APPLICABLE FUNDAMENTAL TERMS]), is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable]. YOU AND pumped LLC 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 CLASS OR REPRESENTATIVE ACTION. 11. Changes to Terms of Service We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.  12. Questions If you have any questions about our Terms of Service, please contact us at support@pumped.io.