Terms of Service

Revised 10/26/2011

1. LEGAL AGREEMENT.

YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE POSTED PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER OR USE THIS SITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR SITE OR PRODUCTS OFFERED.


2. USER AGREEMENT.

By using this Site, you agree to be bound by, and to comply with, these Terms of Use and the posted Privacy Policy on bugom.com. As such, the privacy policy is hereby incorporated by reference into these Terms of Use as though fully set forth herein. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.


3. TERMINATION.

You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.


4. CHANGES TO TERMS AND CONDITIONS AND POLICIES.

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use or Privacy Policy, which appear on this site at any time for any reason which change, modification or alteration is effective upon posting on the site without further notice to you. It is your responsibility to review the Terms of Use and Privacy Policy for changes periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.


5. MARKETING DISCLOSURE.

All services and products ordered from this site belong to third parties and not the owner of this site. The owner of this site has a material financial connection to the provider of the goods and services referred to on the site. The owner receives payment for each qualified sale or payment for each potential customer referral. The owner may be advertising on behalf of a third party advertiser with whom the provider of the products or services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral. Information regarding the products and services on this website are provided by a third party owning or advertising such product and service on the site and therefore the correctness of such information are unknown to the site owner who does not undertake due diligence to confirm such third party representations regarding third party advertising claims.


If you are redirected to the third party advertiser’s site, you should review their terms and conditions and privacy policy as they differ significantly from our own. The owner is not affiliated with the third party advertiser other than stated above. The owner does not recommend or endorse any product or service on this website. If you are contacted by phone from the third party advertiser you should request their terms and conditions and privacy policy at that time before providing any personal information to the call center.


To the extent there are testimonials on this Site about a product or service advertised on this Site, they are not provided by the owner of the website, the advertiser providing such testimonials warrants that the results provided are accurate and true. However, these examples are not necessarily typical or average nor do they represent a guarantee of your personal results. Please contact the owner of such products and services directly with any questions regarding claims made herein.


6. THIRD PARTY ADVERTISER DISCLAIMER.

After completion of any advertiser registration page, the information will be provided to the third party advertiser who is authorized by you to call you or correspond in any other manner with you including SMS and e-mail. You agree not to hold us liable for any loss or damages of any kind incurred as a result of any such dealings with any advertiser listed on this website.


7. PROHIBITED USER CONDUCT.

This Site may include a variety of features, such as blog postings, bulletin boards, web logs, chat rooms, and e-mail services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted in these areas lies solely with the each user. Only the posting user is responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:


  • Restrict or inhibit any other user from using and enjoying the Service.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
  • You will not collect personal data about, or the e-mail addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users' ability to use the Site.

You understand and agree that we have no obligation to monitor any postings, bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material to us or from a user to a user. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.


You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


You agree to indemnify and hold us, our subsidiaries, affiliates, licensors and other associates and the directors, officers, agents and employees of each, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others using your user account.


8. INTELLECTUAL PROPERTY.

The contents of this Site, such as text, graphics, images and other content (the "Site Material") are protected by copyright under both United States and foreign laws. Excepted as provided in this Section 7, these Terms of Use do not grant you any license whatsoever to the Site Material. Bugom.com authorizes you to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may NOT sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. Bugom retains all intellectual property rights in the Site Material.


License to you. You may use the Site, and materials on the Site, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this Site in any form (including by e-mail or other electronic means) without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our Site and to tell them how to find it.


License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any message boards, classifieds, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, e-mail address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.


Trademarks. All trademarks, service marks, product and service names, and other corporate indicia are the property of their respective owners or Creative Digital Media, Inc. You agree not to display or use in any manner any posted Marks without our prior permission.


Links. You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us.


No Framing. You may not, without our prior written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of their licensors.


9. NOTICE OF COPYRIGHT INFRINGEMENT.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 889 S. Rainbow Blvd. #580, Las Vegas, Nevada 89145 and /or by e-mail to [ legal AT bugom dot com ]. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.


10. MARKETING MATERIALS.

By registering on this website, you are giving your consent to receive follow up calls from the owner of the product or service advertised on this website. In addition, under the terms of our privacy policy, you are agreeing to receive commercial promotional material of ours or a third party via e-mail, SMS, and telephone from us, our affiliated entities and/or third-party marketing associates. If you do not wish to receive these promotional materials via e-mail, you may request to be removed by using the opt-out mechanism listed in the e-mail messages you receive. To opt-out of all promotions from us alone, you may send an e-mail to [ unsubscribe AT bugom dot com ]. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.


11. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY E-MAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.


EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.


12. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, BUGOM.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE BUGOM.COM SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING OR USING BUGOM.COM.


13. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


14. INDEMNITY.

By using the site, you agree to indemnify us and hold us harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the site, or your use of the products and services contained thereon, or from any person's use of any ID regardless of whether you authorized such use or not. By using the site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our advertisers arising out of or in any way related to such disputes and/or to the products and services.


15. CHOICE OF LAW, VENUE AND JURISDICTION.

This site (excluding third party linked sites) is controlled by bugom.com from its offices within the State of Nevada, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Nevada, by accessing this site, both you and bugom.com agree that the statues and laws of Nevada shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and bugom.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of United States, Nevada and any legal proceedings shall be conducted in English. Bugom.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your state, or U.S. Territory does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify bugom.com against any action you undertake to use the bugom.com website. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.


16. GENERAL TERMS.

If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use and posted Privacy Policy set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.


17. VIOLATIONS.

Please report any violations of these Terms of Use to [ legal AT bugom dot com ].