By accessing the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by any oral communication between you and Bug Tussel. Your use of any materials or software from the Site is terminable by Bug Tussel at any time.
We reserve the right to change, delete, and update portions of these Terms or other policies that govern use of the Site at our discretion. You should review these Terms periodically for changes. Any amendments and/or modifications by Bug Tussel will be prospective only, and unless otherwise provided in this Agreement, will be effective upon posting to the Site. f you use the Site after we post changes to the Terms, you agree to be bound by the updated Terms. If you have a customer account or services relationship with Bug Tussel, that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in those other agreements shall diminish the protections and rights provided to Bug Tussel under these Terms.
Information Available on Site
We rely on a variety of sources for the information we provide on the Site. This information is provided to you in good faith based on the information available to us. Bug Tussel believes that the information is current and accurate, but does not guarantee it. Furthermore, we do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by third parties. Any reliance on material posted by third parties shall be at your own risk.
Bug Tussel or its content providers shall own or license all of the content, materials, and other intellectual property related to the Site, including, without limit, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms (such as with respect to User Content as defined below). Any use of the Materials, except as permitted by these Terms, is expressly prohibited.
If you post Materials to the Site (“User Content”), the User Content shall be deemed owned by you. You grant to Bug Tussel and its affiliated entities a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use the User Content in connection with Bug Tussel’s business operations, including this Site. You are solely responsible for all third party claims, liabilities, and damages arising from or in connection with your User Content, and we assume no such liability.
Use of the Site
Furthermore, you agree that you will not :
(1) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
(2) copy, modify, distribute, create any derivative or compilation work from, or display Bug Tussel’s name or logo, or any text, graphic images, or other content from the Site or redeliver it using framing or similar technology;
(3) use any device designed to provide repeated automated access to the Site other than those made generally available by Bug Tussel;
(4) include the Bug Tussel logo, and other marks, of various products and services offered by Bug Tussel or any other Bug Tussel trademarked materials, the name of any Bug Tussel personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Bug Tussel and you, any other party, or any other website, or otherwise use these items without Bug Tussel’s express written permission;
(5) upload, e-mail or otherwise transmit to Bug Tussel or through the Site any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including, without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or other equipment that is owned, leased or used by Bug Tussel;
(6) create a link to the Site without Bug Tussel’s prior written permission;
(7) use the Site to advertise or perform any commercial solicitation;
(8) use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
(9) use any robot, spider, scraper, or any other automated means to access the Site for any purpose without Bug Tussel’s express written permission;
(10) forge any TCP/IP packet header or any part of the header information in any email or posting;
(11) take any action that imposes, or may impose, in Bug Tussel’s sole discretion, an unreasonable or disproportionately large load on the Bug Tussel infrastructure;
(12) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
(13) bypass measures used by Bug Tussel to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Bug Tussel; or
(14) impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Bug Tussel for any purpose.
Bug Tussel reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order.
Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated. Bug Tussel may terminate, restrict, or suspend all or part of your license to access the Site and delete any User Content transmitted to or through the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. Bug Tussel also reserves the right to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in Bug Tussel’s sole discretion, may create liability for Bug Tussel, its agents, customers, or its contractors or may affect Bug Tusel’s business relationships or contracts with its agents, customers, or its contractors. Bug Tussel further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms. You agree that Bug Tussel has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use. You release Bug Tussel from liability related to its monitoring activities.
For your general informational use only, Bug Tussel may provide access to third party websites. These links allow you to leave the Site. Bug Tussel is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Bug Tussel or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Bug Tussel may link). Bug Tussel does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
Disclaimers and Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE FURNISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). BUG TUSSEL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “BUG TUSSEL PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE BUG TUSSEL PARTIES, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA.
USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE BUG TUSSEL PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE BUG TUSSEL PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO BUG TUSSEL TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO BUG TUSSEL. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY BUG TUSSEL IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE BUG TUSSEL PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
In consideration of your use of the Site, you hereby agree to indemnify, defend, and hold harmless the Bug Tussel Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of these Terms, your violation of law, or your violation or threatened violation of any person’s or entity’s rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).
Bug Tussel manages the Site from offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to your use of the Site, and exclusive jurisdiction and venue for any disputes shall be the state or federal courts located in Green Bay, Wisconsin.
Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by Bug Tussel any right, power or privilege hereunder shall operate as a waiver. Any waiver by Bug Tussel of a breach of any provision of these Terms shall not be a waiver of any other breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Bug Tussel.
These Terms constitute the entire agreement with Bug Tussel related to the Site. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. Terms that by their nature are intended to survive the termination, cancellation, or expiration of these Terms shall survive.