Terms of Service
Last updated: February 19, 2019
These Terms of Service (the “Terms”) govern your use of the mobile iteration platform called buddybuild available at www.buddybuild.com (the “Service”), owned and operated by Doe Pics Hit Holdings ULC (“us”, “we”, “our” or the “Company”).
Please read these Terms carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
We offer several monthly subscription plans with different features and support included for each type of plan. Please see your monthly invoice for current information about the pricing plan relevant to you.
Subscription Fees and Taxes
Fees.You agree to pay us all of the fees (collectively the “Fees”) specified for the subscription plan selected by you for the Service. Fees are quoted in the USD currency and are payable monthly. All Fees are non-refundable. Fees for an upcoming billing period will be invoiced in advance and your credit card will be charged prior to the start of your subscription for the period agreed in your subscription plan.
Failures to Pay Fees When Due. If your account is overdue, in addition to any other rights and remedies, we reserve the right to suspend access to the Service and/or otherwise limit the features or functionality of the Service. We may terminate your account if you fail to pay the outstanding amounts owed within fifteen (15) days of the payment due date.
Taxes. You will be responsible for all sales, use, value added, or other taxes or duties, as applicable, payable with respect to services, or otherwise arising out of or in connection with this Agreement, other than our income taxes.
Changes in Fees. We may, in our sole discretion, change prices from time to time. Changes to pricing will be implemented immediately on update to the website and will be charged to new or re-subscribing subscribers (including subscribers who have lapsed in payment and are no longer on current paid subscription plans). Fee increases will not apply to current subscribers whose payments are in good standing for the duration of their subscription to the same paid plan.
Our Service allows you to post, link, store, share and otherwise make available certain software, data, information, text, graphics, videos, or other material (collectively referred to as the “Content”). You are responsible for the Content that you post or make available to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You hereby grant to us and our affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) license to use, reproduce, display, transmit, modify, create derivative works of and otherwise exploit any Content that you post on or through the Service, solely in connection with the Service.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and you shall undertake to keep such information current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and all contents, including but not limited to text, images, graphics or code are the property of the Company and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own personal, non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of the Company or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
You agree that we may make reasonable use of your name and logos in marketing materials and webpages for the purpose of advertising or publicizing your use of the Service. Such use shall be in accordance with any published trademark guidelines you may have in place.
You hereby grant to us and our affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) license to use, access, reproduce, compile, display, transmit, modify, create derivative works of and otherwise exploit any software that you provide or make accessible to us in connection with the Service (including, for the avoidance of doubt, any software residing in repositories to which you provide us or any or our affiliates log-in credentials), in source code and object code forms, in each case for the purpose of providing the Service.
You hereby grant to us and our affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) license to use and/or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you wish to terminate your account, please email us at firstname.lastname@example.org. Upon termination, your right to use the Service will immediately cease and you will have no access to your Content. Upon termination, we will not retain any of your build-related artifacts, including binaries or crash reports, beyond our data retention period, which is currently 3 months, except in limited cases. Please download any such data prior to terminating your account.
You agree to indemnify, defend and hold harmless the Company, its principals, officers, directors, affiliates, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any third party claims or demands, including reasonable attorneys’ fees, relating to or arising from
(a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account irrespective of whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
The Company, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
The Company makes no guarantees, representations or warranties of any kind as regards the Service, the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and the Company chooses not to immediately act, or chooses not to act at all, the Company will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. The Company does not waive any of its rights. The Company shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Use of the Service and any software provided by us for use with the Service (collectively, the “Product”), including transferring, posting, making available or uploading data, software, source code or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Product may not be exported, re-exported or made available (a) into any U.S. embargoed countries or (b) to anyone designated as a sanctioned party by the United States Government. By using the Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Product for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload any data, source code or software that is: (a) subject to International Traffic in Arms Regulations; or(b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Upon the earlier of the date that you either click “Accept” or continue to access or use our Service after we have posted the updated terms, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.