Terms of Use

Terms of Use Agreement

Thank you for visiting Bunkeaze.com, a product of Bunkeaze, LLC (herein, “Bunkeaze”).  By accessing this website as a User (this term includes both visitors and members of the Bunkeaze service), you agree to be bound to the terms of this Agreement, which is deemed a legal contract between you and Bunkeaze.   “Accessing” refers to using the website via all platforms including desktop computer, laptop, or mobile device.  The terms of use are as follows:

1). Eligibility to use Bunkeaze

All Users of the Bunkeaze service must be 17 years or older, or have consent of their parents or guardians if under age 17.  By entering this website, you are legally certifying that you are at least 17 years old or have attained parental or guardian consent if under 17.  

2). Proprietary Rights

All content appearing on the Bunkeaze website is proprietary and is licensed to Bunkeaze Users under this Agreement.  Content includes, but is not limited to, images, graphics, text, data, logos, and documents.  As a User, you agree to not copy, reproduce, destroy, remove, or modify any of this content.

3). Non-Commercial Use by Users

The Bunkeaze service is for personal use only, thus Users of the service are prohibited from using the site for commercial purposes.  Users are prohibited from (1) soliciting other Users; (2) advertising products, services, or events to other Users; and (3) collecting User data, such as usernames or emails, to advertise or solicit to Users or non-Users of the Website.   

4). User Content

Bunkeaze is not responsible for the content created by its Users, which may include but is not limited to, photos, posts, comments, notes, or emails.   Bunkeaze does not endorse User content and shall not be held liable for any content created by its Users that may be deemed offensive or inappropriate.  All Users acknowledge that any content that you create on the Website is licensed for the use of Bunkeaze and may be modified, distributed, published, reproduced, or used for commercial purposes.   

Users of the Bunkeaze Website and service agree to the following:   

  1. You will not engage or promote any illegal or unlawful conduct in accordance with the appropriate local, state, and state jurisdictional laws;
  2. You will not be abusive, harassing, threatening, libelous, slanderous, or intimidating to other Users of the Bunkeaze Service;
  3. You will not transmit or create content that is pornographic or contains nudity, is obscene, or vulgar;
  4. You will not be discriminatory or exhibit bigotry to other Users of the Bunkeaze service, including but not limited to, hatefulness due to race, sexual orientation, religion, ethnicity, gender;
  5. You will not be harmful to minors;
  6. You will not manipulate, seek to defraud, or deceive other Users of the Bunkeaze service;
  7. You will not use scripts, bots or other forms of automated technology to access the Bunkeaze website nor will you use any programs designed to create software viruses or the malfunctioning of the Bunkeaze website;
  8. You will not upload spam emails, junk emails, chain letters, or other forms of solicitation to the Bunkeaze website;  
  9. You will not conduct any activity that can be deemed as trolling or phishing;
  10. You will not impersonate a Bunkeaze representative or misrepresent your affiliation or connection with Bunkeaze;

Bunkeaze will remove prohibited content and terminate your account should prohibited conduct or content be identified.  As Bunkeaze may not identify such content or conduct immediately, please contact contact@bunkeaze.com to bring such content to our attention.  

5) Privacy

Bunkeaze values the privacy of its Users and seeks to protect the information of its Users.  Please see our Privacy page for more information on our policy.  

8)  Governing Law /Handling of Legal Disputes

Bunkeaze seeks to resolve all disputes in an amicable manner.  Should you have concerns, please write a detailed message to contact@bunkeaze.com to resolve the matter.  

In cases where resolution through the email forum discussed above is not attained, all Users agree that any and all disputes relating to Bunkeaze will be exclusively governed under the laws of arbitration as determined by the American Arbitration Association to be enforced by an arbitration court within the state of New York.  Should Bunkeaze deem that User action(s) require immediate injunctive relief; such relief will be governed not by arbitration, but by the laws of the state court of New York, Kings County.   

As a User you agree to indemnify Bunkeaze for any losses, damages, or attorney’s fees for any failure to comply with or breach to the terms in this agreement.  

9)  Website Modification/ Account Termination

Bunkeaze asserts that it retains the right to modification of the Website with or without prior notice to Users.  Bunkeaze also asserts the right to terminate membership with or without prior notice should it be deemed that the User has violated one or more of the express terms of this Agreement.  

7). Links/Third Party Advertisers

Occasionally Bunkeaze may post links to third party websites or may post advertisements for third parties.  Bunkeaze is not liable for any damages or losses that its Users may experience when engaging with these third parties.  

8). Disclaimer of Warranties

YOUR USE OF THE BUNKEAZE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

9). Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10). Entire Agreement

This Agreement constitutes the entire and complete agreement between you and Bunkeaze.  Bunkeaze may amend these Terms of Use at any time by posting amended Terms of Use to Website, which shall be deemed effective immediately.

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