This policy is a part of our Terms of Use. By using Bugalu, you’re agreeing to this policy and our Terms of Use.

 

Bugalu prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

• Race
• Color
• Ethnicity
• National origin
• Religion
• Gender
• Gender identity
• Sexual orientation
• Disability
• Any other characteristic protected under applicable law

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Bugalu does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re engaging with public features on Bugalu, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Bugalu community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Bugalu, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:

• Refusal of service based on membership in one or more protected group
• Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
• Having a shop policy that excludes sales to members of one or more protected groups listed above
• Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
• Racial slurs
• Posts that support or glorify hate groups and their members.

If you think discrimination or hate speech has occurred on Bugalu, please report it by emailing [email protected], and we will investigate.

 

API Terms of Use

 

Bugalu believes in code as craft. Bugalu’s public API lets developers tap into our community and build their own Bugalu-powered applications. These terms explain your rights and obligations when using Bugalu’s API.

 

This agreement (“API Terms”) between you and Bugalu.Online Corp. (collectively, “Bugalu”) applies to your use of Bugalu’s public Application Program Interface (“API”), alone or in combination with the site, apps, and/or any other services provided by Bugalu as defined in Bugalu’s Terms of Use (“Bugalu Terms”) and Privacy Policy. By using the API, you’re agreeing to these API Terms, Privacy Policy, and the Bugalu Terms (collectively, the “Terms”).

 

We’ll refer to Bugalu.com as the “Site,” Bugalu’s mobile applications as the “Apps,” and Pattern by Bugalu, Bugalu Payments, the Bugalu API, and our other services, together with the Site and Apps, collectively as the “Services.” These API Terms also incorporate by reference Bugalu’s Intellectual Property Policy. While Bugalu owns our API, members own their own content.

1. Your Limited License to Use the Bugalu API

Bugalu grants you a limited, personal, non-sublicensable, non-transferable, non-exclusive, revocable license to access and use our API to create and run websites and applications that comply with our policies. Bugalu reserves the right to charge for access to, or use of, the API in the future. If you violate the Terms, we may revoke your API access or your account privileges (including your related accounts). If Bugalu enters into a business agreement involving our API, that agreement’s terms shall supersede these API Terms.

 

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set forth in the Privacy Policy, so please read it.

2. API Agreement Acceptance and Changes

Transparency is important to us, so we require that you provide accurate registration data when you sign up to our API Terms, and that you keep your registration information up-to-date. You are also required to comply with our access security requirements, such as two-factor authentication, wherever available. It is your responsibility to inform Bugalu of any changes to your registration data by updating your account or contacting [email protected]. We may get in touch with you if your account information is incomplete, outdated, or inaccurate, and we reserve the right to suspend or terminate your access to the API if you fail to provide us with accurate and complete contact information. Remember that your API and account security is your responsibility. You must immediately contact Bugalu at [email protected]. if you discover any security concerns or believe your account has been compromised.

Bugalu reserves the right to change these API Terms at any time. If we believe that the changes are material, we’ll send an email to the address associated with your account or message you through Bugalu Messages. You consent to receiving these non-marketing messages, and it’s your responsibility to review these changes.

In order to continue using the API, you must accept the updated API Terms. If we provide notice to you of a material change in the API Terms that require you to affirmatively accept the change, and if you fail to accept the updated API Terms and other applicable policies within 30 days of notice of these updates, your access to the API may be suspended or terminated. For all other updates, your continued use of the API 30 days after we’ve notified you of an update will constitute your acceptance of the updated API Terms.

3. Your Privacy, Intellectual Property, and Security Obligations

When using our API, you may interact with user-generated content and users’ personal information. Remember, Bugalu does not own user-generated content—Bugalu’s members do. Moreover, you have a strong obligation to protect user personal information.

Your application is your responsibility. This means you must keep your application, site, and any Bugalu user data secure. It also means you must comply with all applicable laws, including intellectual property, privacy, and commercial laws. You also must comply with all of Bugalu policies, including our Privacy Policy and Intellectual Property Policy. You agree that Bugalu and its affiliates have no responsibility or control over the content that you and your application’s users upload or transmit through Bugalu’s API.

 

You must be transparent with our members by providing terms of service and a privacy policy in your application, which must be prominently displayed and comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Bugalu member information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to users of your application and compatible with this policy and Bugalu’s Terms of Use. See Bugalu’s Privacy Policy for additional information. If you fail to maintain a transparent and sufficient privacy policy, your access to the API may be suspended or terminated.

You are also a separate and independent controller of personal information under EU law. See Section 12 and 13 of Bugalu’s Privacy Policy for more details.

4. Use of the API

We expect your use of the API to be in the spirit of Bugalu. We reserve the right to refuse service or access to the API at any time and for any reason. If Bugalu determines that your application, your content, or your processing of data are not in the letter or spirit of the Terms, we may take action against your account, such as terminating your API access, suspending your account privileges, or terminating all of your related accounts.

Bugalu is always changing, so the data you access through the API may become outdated quickly. You will not display listing content more than 6 hours older than information on the Site or Apps. You will not display any other Bugalu content more than 24 hours older than the content displayed on our Sites. Once you’ve accessed, stored, or displayed Bugalu content, you will not cache or store it longer than is reasonably necessary to provide service to your application’s users.

You’re solely responsible for your use of the API. If you’re offering your application to other Bugalu members, you will provide support, including by prominently displaying an email address on your application and responding to inquiries from members or Bugalu in a timely manner.

We expect your use of Bugalu’s API to be a positive experience for everyone involved. You may not:

• Try to replicate Bugalu, duplicate Bugalu content, or circumvent our checkout process.
• Circumvent any security features or technical limitations of the API.
• Disrupt the flow or user experience on Bugalu, such as by modifying the look, feel, or content of the Site, Apps, or Services; distributing a virus; or other harmful computer code.
• Exceed reasonable request volume or reasonable number of API keys. By default, members are allocated a set number of calls per day, and Bugalu may grant you higher call limits or further restrict your calls to the API at our discretion. You may not create additional API keys to overcome these limits.
• Sell, lease, or otherwise transfer our API or member data to any third party.
• Use API or member data with a third-party advertising or marketing platform, whether or not aggregated, and whether or not tied to a specific member.
• Use the API to collect, scan, or otherwise request Bugalu content for analytics, machine learning, licensing, or content removal unless expressly authorized by us.
• Modify the API in any way.
• Transmit spam, unsolicited marketing communications, or any other content that violates Bugalu’s policies.
• Misrepresent your affiliation with Bugalu, such as by failing to comply with Section 6 of these API Terms.
• Upload, post, collect, or store member ID and password combinations.
• Upload, post, collect, store, share, transfer, or process personal information or data about Bugalu members unless specifically and affirmatively authorized by such member with appropriate notice, and only to the extent compatible with your terms of service, your privacy policy, and the Terms.
• Reverse engineer or access internal or legacy APIs or data feeds.
• Use automated systems designed to access, analyze, or scrape our website, including our API, unless expressly authorized by us.
• Otherwise attempt to harm or damage Bugalu or Bugalu’s members.
• Combine your application or website code with the API in a way (such as using a software license) that is incompatible with the Terms.
• Use the API in a manner that presents a safety or security risk to Bugalu or its users.
• Use the API in a manner that is inconsistent with data protection principles including subject access requests, where available to data subjects.
• Attempt to use the API in a way that is not transparent with Bugalu or users regarding the purposes behind your processing of user data; for example, you may not combine Bugalu user data with other sources of data about them without the consent of Bugalu and the users.

5. Commercial Use

In general, we permit reasonable commercial uses of the API. Examples of permitted, reasonable commercial uses include:

• Charging users a fee for parts of your application that don’t integrate with our API, such as advice, consulting, or engaging in the sale of your own products or services not competitive with Bugalu.

• Displaying advertising in your application, so long as you are not misleading or abusing users; you comply with all applicable advertising-related laws, disclosures, and industry standards; and the advertising is not using, or collecting information tied to, member data obtained via the API.
• Any use that is expressly authorized by Bugalu.

Prohibited, unreasonable commercial uses include (but are not limited to):

• Selling or giving any third party the API, member content (that is not your own), or access to the API or content.

• Charging a fee to use or access any part of your application that integrates with the API and that Bugalu provides to members free of charge.

• Using the API primarily to drive traffic to other non-Bugalu websites or services.

• Using the API in a manner unrelated to seller or buyer activity, such as to determine information about Bugalu’s internal systems or to perform marketing analytics, without the permission of Bugalu.

• Using the API to obtain information on, track, or surveil Bugalu members or their content in a manner that would otherwise require (i) valid legal civil or criminal process, or (ii) express permission from the affected members.

• Using the API to assist in creating databases of identifying information for any government or government sponsored entity (irrespective of any stated national security purpose) to abolish any human rights, civil rights, or civil liberties on the basis of race, gender or gender identity, sexual orientation, religion, or national origin, or otherwise in a manner that, in Bugalu’s view, would violate the Universal Declaration of Human Rights, including without limitation Articles 12, 18, or 19.
• Using the API in any manner that violates Bugalu’s Anti-Discrimination Policy.
• Using the API in a manner that violates the privacy of Bugalu or Bugalu’s users.

If you’re not sure if your application has a permitted commercial use, or if you exceed the daily call limit, please contact us at [email protected].

6. Bugalu’s Trademarks

Remember to keep it original. You agree not to use Bugalu’s trademarks, logos, signature colors, layout, text, or other materials in a way that suggests endorsement from or affiliation with Bugalu. Similarly, you cannot create or use a mark that’s confusingly similar to our trademarks. Your use of Bugalu’s marks is subject to our Trademark Policy. Since this application is your work, Bugalu’s marks must be less prominent than your own. If you’re publicizing or sharing your application, you may say that it was created using Bugalu’s API, but you cannot state that your application is endorsed or certified by Bugalu.

To prevent confusion, we require you to display this notice prominently on your application: “The term ‘Bugalu’ is a trademark of Bugalu.Online Corp. This application uses the Bugalu API but is not endorsed or certified by Bugalu.”

7. Indemnification of Bugalu

When you use the API to provide an application, you (and your successors in interest) agree not to sue Bugalu or our members on intellectual property, data breach, security, or data protection claims related to your application, or related to the Bugalu technologies that make your application possible.

In addition, you will not bring any intellectual property infringement claim, nor assist any third party in doing so, against Bugalu or our members, related to your use of, and access to, the API (including how your application interacts with Bugalu, the Site, the Apps, or the Services). For clarification, this paragraph relates to your use of and access to the Bugalu API, not to the content of any Bugalu shop you may control.

 

These API Terms also incorporate all applicable parts of Bugalu’s Terms of Use, including Section 11, which contains an arbitration clause and class action waiver, under which you agree to resolve all disputes through binding individual arbitration. This means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in a class action lawsuit, class arbitrations, or representative action.

As noted above and in Section 12 and 13 of Bugalu’s Privacy Policy, you are an independent data controller under EU law. However, if you are found to be joint data controllers with Bugalu of user personal information, and if Bugalu is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of user personal information, you agree to indemnify Bugalu for the expenses it occurs in connection with your processing of user personal information.

More generally, if your account, application, or use of the API gets Bugalu sued, you agree to indemnify and defend Bugalu. For example, to the extent Bugalu is alleged to have, or found to have, any separate or joint liability for your failure to comply with this policy, you agree to indemnify and hold Bugalu harmless for, and reimburse Bugalu for costs related to, that violation. See the Bugalu Terms for more information about your indemnification obligations to Bugalu.

 

Buyer Terms of Use

 

When you (which includes you personally and, any company or organization on whose behalf we grant you access) use our Internet website, ( hereinafter the “Website”), our pages and/or accounts on social media websites (hereinafter the “Social Media”) and our mobile applications, Bugaluapp.com ( hereinafter the “App(s)”), and the information, documents, reports, data, features, functionalities and software, and the other materials that may be offered to you through the Website and the App(s) ( “Content” which from time to time may be revised and/or changed by us), you agree to be bound by these terms and conditions, and all other Terms of Use, Policies, Rules, and provisions posted in the Terms and Conditions section of the Website, (collectively “Terms of Use”).

Bugalu.Online Corp., is sometimes referred to herein as “we,” “us” and/ or “our”.

Upon written notice or posting to the Website we may modify these Terms of Use. You agree to review these Terms of Use from to time. You agree that if you use the Website, App(s), Social Media and/or the Content after such notice or posting of changes to the Terms of Use, you will be deemed to have accepted such changes and will be bound by any and all such changes to, and these Terms of Use.

Notwithstanding the “Electronic Agreement to These Terms” Section below, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, APP(S), SOCIAL MEDIA AND/OR THE CONTENT INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

GENERAL

 

The Website is owned and operated by Bugalu.Online Corp. Our merchant network available via the Website and App(s) acts solely as a facilitator of communications between the merchant members, and member consumers. Unless expressly stated otherwise on the Website or App(s), the goods and services featured on the Website and App(s) are offered, provided, sold and delivered by the merchant members, not us. We are in no way responsible for the quality of goods or services offered by the merchant members. All questions regarding merchant members’ products and/or services featured on the Website and App(s) should be directed to the appropriate merchant members.

Please see the Website’s section on Claims for detailed instructions on how to resolve order problems and other customer satisfaction matters.

Notwithstanding anything to the contrary, becoming a member will not entitle you to any benefits or rights, unless expressly agreed by us in writing signed by our authorized officer.  Nothing in these Terms of Use shall be deemed to create a joint venture, partnership, or any fiduciary relationship between us and you or any company or entity on whose behalf you are acting.

 

PRICES/AVAILABILITIES

 

The information contained on the Website and App(s) regarding price, specifications and availability of the goods and services listed on the Website and App(s) has been provided by the merchant members.

Although we attempt to make certain that the prices, specifications and availability listed on the Website and App(s) on the date they are viewed on the Website and App(s) are accurate, prices, specifications and availability of services and products may differ and are subject to change, without notice.

Though we use every effort to insure accuracy in posting pricing information, discrepancies do occur. If the checkout price and the Website/App(s) price are different, the checkout price will prevail in every case.

We made efforts to confirm the accuracy of the information contained on the Website and App(s), mistakes can be made, including due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. If you become aware that the Website or App(s) contains inaccurate information, please let us know right away by using the “Contact” Information on the Website or App(s).

PROPERTY RIGHTS; COMPLIANCE WITH LAW

 

The Website, App(s), and Content are owned by us and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized by these Terms of Use, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Website, App(s), any and all content submitted by us on Social Media, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our express written consent in each instance. Use of the Website, App(s), Social Media and/or Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party is expressly prohibited. You represent, warrant and agree not to use the Website, App(s), the Social Media or the Content for any unlawful purposes and you shall comply with any and all requests from us to protect our respective rights in the Website, App(s), any and all content submitted by us on Social Media, and the Content. You may use the Website, App(s), any and all content submitted by us on Social Media, and the Content solely and exclusively for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. The use of devices (including software) designed to provide repeated automated access to the Website, App(s) and/or Content, including for any commercial purpose, except for those devices expressly authorized by us, is forbidden and expressly prohibited. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website and/or App(s). If you have any questions or concerns about the Content posted on the Website or App(s), please contact us.

TRADEMARKS

Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website, App(s) and/or Content are trademarks or trade dress of Bugalu Online Corp., in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that may appear in the Website, App(s) and/or Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

CONTENT

 

We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Website, App(s) or Social Media by anyone other than our authorized representatives, whether in house or outside, while acting in their official capacities.

When you submit any information or content to, or by otherwise using the Website, App(s) and/or Social Media, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sub licensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. In consideration of the benefit you receive from the use of the Website, App(s), Content and Social Media, you hereby fully and forever waive any and all moral rights, or any similar rights, in and to any such information or content.

Moreover, we do not review and assume no responsibility for any products/services mentioned on the Website, App(s) or Social Media, whether provided by us, affiliated companies or unaffiliated third parties. You represent, warrant, and agree to make your own independent evaluation of such products/ services, including their quality.

THIRD PARTY WEBSITES AND SOCIAL MEDIA

 In the event you use the Website, App(s), Content or Social Media or the links included on the Website, App(s), Content or Social Media to gain access to any website or any Internet location or a source of information, including social media websites, of any other company, organization or person, you hereby understand and acknowledge that such sites, locations and sources are not under our direction or control and you represent, warrant and agree that we will not be held responsible or liable for any information, content or links found at any such site, location or source. The display of any links by us is meant to serve solely as a convenience to you, and we have not, and will not, test any software or verify any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. The access to or use of such links, sites, locations and/or sources may be subject to their individual terms of use.  You understand that it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any third party Website, location or source does not signify our endorsement of the site or its contents. You recognize and understand that there are inherent risks in the use of any such links or any software and/or content found on the Internet.

INFORMATION UPDATE

You understand and agree that we are under no duty, and we expressly disclaim any such duty, to update the Content to reflect circumstances that may occur after its publication date, for any reason whatsoever.

COMPLIANCE WITH RULES AND RESTRICTIONS

 You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Website and/or the App(s). All materials on the Website and the App(s) are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

PASSWORDS/USER ID’S

In connection with your use of or access to the Website or App(s), we may periodically provide you with new user names, passwords and/or other unique identifiers (User ID’S). You are responsible for security and confidentiality of the User ID’S and agree not to disclose them to any third party, including, any company or organization that employs you or any other employee in your company or organization. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User ID’S are being used. We are not responsible, and expressly disclaim any liability, for any security breach or identify theft caused by your failure to maintain the confidentiality and security of User ID’S. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User ID’S, and/or if you believe the confidentiality or security of any or all of the User ID’S has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Website or App(s). User ID’S may be revoked or changed at any time without prior notice by us.  YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE OR APP(S)  BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE OR APP(S) IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

 

DATA AND GPS TRACKING

You consent to our recording, retention and use of any and all information and/or data that you input or otherwise communicate during your access to and/or use of the Website, App(s) and Social Media or through any e-mail to or from us and any other communication means as well as  the transmittal of same to any of our affiliates, subsidiaries, branches and third parties for order, billing, other processing, database maintenance, record keeping, and for any other use in accordance with customary practices, policies and procedures applicable in the United States and applicable privacy policies. Further, we may disclose such information that we determine in good faith may be required by any applicable laws, rules, regulations, court order, and/or in enforcement of our rights and/or defense of claims asserted against us. We reserve the right (but expressly disclaim the duty) to monitor any and all access to and/or use of the Website, App(s) and/or Social Media.

In order to fully reap the benefits of our Website, App(s) and Social Media, you understand and agreement we will need to access the GPS data of both merchant members and consumers who are placing food orders. You, whether a merchant member or consumer, hereby grant us permission for any and all GPS recording, retention and use of any and all information and/or data derived from the use of GPS tracking devices, tools, and/or software

COMMUNICATIONS

You acknowledge and understand that periodically, we may record certain telephone calls used for the customer service and/or related purposes.  If any such recording occurs involving you, you hereby consent to such recording.

You understand and agree that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Website, App(s), Social Media, a proprietary network, a computer, a pager, other wireless device or otherwise (collectively, Electronic Messages) may not be secure and communications using Electronic Messages may not be confidential.

You also understand and agree that we have no duty or obligation to update any information communicated to you using Electronic Messages. Additionally, even if a representative of Bugalu.Online Corp., has communicated with you using Electronic Messages, the representative may not (and we disclaim any duty to) timely see, process, act on or respond to any message from you sent using Electronic Messages.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE, APP(S), AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE WEBSITE, APP(S) OR SOCIAL MEDIA, AND WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THE WEBSITE OR THE APP(S) WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE OR THE APP(S) WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE, APP(S) OR SOCIAL MEDIA. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE WEBSITE, APP(S), OR ANY OTHER WEBSITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE WEBSITE AND APP(S) ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. BY USING THE WEBSITE, APP(S) OR SOCIAL MEDIA, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD US LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, APP(S), SOCIAL MEDIA OR CONTENT (OR ANY OTHER LINKED WEBSITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE WEBSITE, APP(S) AND SOCIAL MEDIA (OR ANY OTHER LINKED WEBSITE, LOCATION OR SOURCE). WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that:
(A) (i) you are the person to whom the User ID’S you used to access the Website or the App(s) were issued by us and the information you provided to us in connection with the issuance of the User ID’S, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Website and the App(s) on behalf of the company or organization to whom the User ID’S you used to access the Website and the App(s) were issued by us;
(B) if you are accessing the Website or the App(s) on behalf of the company or organization to whom the User ID’S you used to access the Website and the App(s) were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Website and the App(s);
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Website, App(s) and Social Media;
(D) if we grant you access to the Website and the App(s) in your individual capacity, you are of the age of majority; and
(E) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or using User ID’S to or otherwise using the Website, App(s) and Social Media, and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm us or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe, misappropriate any copyright, patent, trademark, intellectual property, proprietary rights, right of publicity, or privacy rights  of any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).

INDEMNITY

 You warrant, represent and agree that you shall indemnify and hold harmless Bugalu Online Corp., its affiliates and its partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) your access to and/or use of the Website, App(s), Social Media and/or the Content, and/or (iii) any and all information or content submitted by you or using User ID’S to or otherwise using the Website, App(s) and/or Social Media, including any claims that any of it violates, infringes or misappropriates any proprietary rights, right of publicity, privacy right, or any other right of any third party.

 

MODIFICATION; TERMINATION

 We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Website or the App(s) (including the Content or hours of availability) and/or your access to or use of the Website, App(s) and/or Content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, we modify, suspend, terminate or discontinue your access to or use of the Website, App(s) and/or Content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, and will survive any termination provided for hereunder.

FORCES BEYOND OUR CONTROL

 We are not nor will we be liable for any losses caused directly or indirectly as a result of acts, causes, events beyond our control, including natural disasters, acts of nature, war, terrorism actions or decrees of governmental agencies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (commonly known as an event of “Force Majeure”). All of our obligations of with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure.

MISCELLANEOUS

 These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Website, App(s) and/or Social Media and to use Content and, if applicable, you becoming and being a  member, and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. Neither you nor we may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party, in each instance. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website, App(s) and/or Social Media.

ELECTRONIC AGREEMENT TO THESE TERMS

We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Website, App(s) and/or the Social Media by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You represent, warrant, and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Website, App(s) and/or Social Media or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Website, App(s) and/or the Social Media intend to form a legally binding contract between you and us; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby represent, warrant, and agree that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

Community Policy

 

1. Using the Bugalu Community

Bugalu community spaces are public areas where sellers can interact with one another. Sellers who use any of the community spaces must be over 18 years old. To make sure that the Bugalu community continues to be a place that’s safe, welcoming and respectful, you agree to comply with the following policies in all community spaces:

1. Respect other members’ privacy, and protect your own. Don’t share private or personally identifying information in public areas of the site. This includes, but is not limited to, transaction details, personal contact details and the verbatim contents of private correspondence.
2. Do not use community spaces to discuss interactions with Bugalu representatives, or to share verbatim extracts of such conversations ( i.e., emails, DMs or messages, live chats etc.). Remember, most messages between you and Bugalu are considered private correspondence and we ask that you respect this confidentiality. Please refer to our Privacy Policyfor more information.
3. Be honest and transparent about who you are. Don’t use a fake identity.
4. Be respectful towards other sellers and, when in doubt, lead with kindness, assume best intentions and act on that basis. Don’t use community spaces to publicly disparage a specific seller, a Bugalu representative, shop, listing or category of item.
5. Don’t use community tools or spaces to interfere with another seller’s business.
6. Don’t spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media or other promotional content.
7. Don’t use community spaces to coordinate pricing or discuss fee avoidance with other sellers.
8. Don’t use community spaces to harass other sellers. Similarly, don’t post content in community spaces that may promote, support, or glorify hatred, misinformation, or that would be in violation of Bugalu’s policies including our Anti-Discrimination
9. Don’t publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
10. Don’t engage in illegal activity or activity that infringes someone’s intellectual property, or encourage others to engage in that type of activity.
11. Don’t use community spaces to encourage others to violate Bugalu’s policies.

Continue reading below for some additional policies that apply to you while using specific community spaces.

1. Direct Messages

Members may send each other direct messages using the Community’s built-in messaging system. These messages are separate from Bugalu Messages and can be accessed and read when you are in community spaces.

By using direct messages in the Bugalu Community, you agree to all of the above policies. In addition, you may not send messages that are considered:

1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy.
2. Obscene or vulgar.
3. Unsolicited advertising or promotions.

If you receive an inappropriate message report it.

 

1. Information Bugalu Will Send You

Bugalu will sometimes need to send you important messages about your use of Bugalu’s website, mobile apps, or other services (collectively, our “Services”). This policy covers all of those messages, including the terms, policies and user agreements applicable to your use of the Services, billing statements, transaction information, privacy disclosures, tax statements, and other legal documents that will be provided to you electronically (collectively, the “Electronic Communications”).

2. Communications Sent Electronically

Under this policy, you give your consent for Bugalu to provide you with the Electronic Communications (including all legal terms and legally-required disclosures) electronically. You also agree that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper. For example, if language appearing next to a button on Bugalu’s website informs you that you will agree to certain terms by clicking the button, then your click of the button will have the same legal effect as signing an agreement on paper.

3. Delivery of Information

Bugalu may provide you with Electronic Communications by (a) emailing them to you at the email address listed in your Bugalu account, (b) posting them on the Bugalu website or mobile applications, or (c) making them available via a website designated in an email notice to you.

4. Technical Requirements to Receive Electronic Communications

In order to receive Electronic Communications, you must have the following:

• A computer or mobile device;
• A connection to the internet;
• An internet browser, with cookies enabled;
• An active email address; and
• Sufficient electronic storage space on your computer’s hard drive or other data storage unit and/or an installed printer to print disclosures.

5. Withdrawing Consent for Electronic Communications

You may withdraw your consent to receive Electronic Communications at any time by submitting a request to us at:

Bugalu.Online Corp.

27240 Turnberry Lane, Suite 200

Valencia, CA 91355

 

Note that if you withdraw your consent to receive Electronic Communications, such withdrawal will only be effective after Bugalu has had a reasonable period of time to process your withdrawal (usually 3 months). Additionally, if you withdraw your consent to receive Electronic Communications, and Bugalu is required to send you paper copies of communications, Bugalu may cancel your access to the Services.

In order for Bugalu to send you paper copies, you must have a current mailing address on file in your Bugalu account. Bugalu reserves the right to charge you reasonable fees to cover the costs of sending you paper copies of Electronic Communications.

6. Updating Your Contact Information

To ensure that you receive Electronic Communications, you should make sure that the contact information in your Bugalu account is accurate. Bugalu is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.

 

Intellectual Property Policy

 

Bugalu takes intellectual property rights very seriously.

 

This policy is a part of our Terms of Use.

1. Bugalu’s Role

Bugalu is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Bugalu does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Bugalu’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Bugalu. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Bugalu reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy.

 

Bugalu also reserves the right to take action against abusers of Bugalu’s Intellectual Property Policy or our Terms of Use.

 

Bugalu can’t speak on behalf of intellectual property owners, nor is Bugalu in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Bugalu will remove material cited for alleged intellectual property infringement when provided with a proper notice.

2. Notices of Intellectual Property Infringement

Bugalu strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Bugalu removes or disables access in response to a notice, Bugalu makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Bugalu may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please use Bugalu’s Reporting Form to provide notice of claimed infringement to Bugalu’s Designated Agent under the DMCA and for other intellectual property claim [email protected].

 

Bugalu may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Bugalu may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Bugalu also reserves the right to take action against abusers of this policy.

3. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Bugalu accepts counter notices for copyright notices only. When Bugalu receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Bugalu of this action.

4. Repeat Infringement

Bugalu terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Bugalu’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Bugalu reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

5. Notice Withdrawals

Bugalu only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Bugalu listing URLs).

Once Bugalu receives a formal withdrawal of a notice of infringement, Bugalu makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.

If material was removed from your shop due to a notice of infringement, or if you would like to learn more about intellectual property issues in general, please contact [email protected].

 

Minors Policy

 

Bugalu’s Terms of Use require all account owners to be at least 18 years of age. Individuals under the age of 18 are considered minors on Bugalu. Minors under age 13 are not allowed on Bugalu even with parental or guardian consent.

 

Minors under 18 and at least 13 years of age are permitted to use Bugalu’s services only if they have the appropriate permission and direct supervision of their parent or legal guardian who is the owner of the account.

If you are parent or legal guardian who is the owner of the account, you are responsible for any and all account activity conducted by a minor on your account.

The following restrictions are in place for legal reasons, not because we think kids or teens are any less creative or capable.

All minors over 13, both buyers and sellers, must follow these policies on Bugalu:

• Minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian who owns the account.
•  

Minors over 13 who wish to sell on Bugalu must disclose all members, including the parent or legal guardian who owns the account.

For more information, please review our Terms of Use.

 

Terms of Use

1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Bugalu.Online Corp., (“Bugalu”).

Please note that Section 11. Disputes with Bugalu, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. 

 

This contract sets out your rights and responsibilities when you use Bug.cafe, our mobile apps, and the other services provided by Bugalu (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with these Terms, you can’t use Bugalu’s Services.

2. Other Documents You Should Review

Our Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Sellers Terms of Use. If you list any items for sale through our Services, these policies apply to you.

Buyers Terms of Use. If you use our Services to browse or shop, these policies apply to you. Read them here.

Other Policies. There are policies that apply to intellectual property owners, Bugalu API users, affiliates, and anyone requesting information from Bugalu.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Please read the rest of these Terms.

3. Your Privacy

Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read.

 

Both Bugalu and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. Thus, each party is responsible for the personal information it processes in providing the Services. E.g., if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Bugalu, will be responsible for that unauthorized disclosure.  

If, however, Bugalu and sellers are found to be joint data controllers of buyers’ personal information, and if Bugalu is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Bugalu for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification  below for more information about your indemnification obligations to Bugalu.

4. Your Account with Bugalu

You’ll need to create an account with Bugalu to use some of our Services. Here are a few rules about accounts with Bugalu:

1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Bugalu or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see Bugalu’s Minors Policy.
2. You must provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
3. Name Choice.  You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
4. Account Responsibility. You are solely responsible for any activity on your account. If you share your account with other people, the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you represent, warrant, and agree that you have the authority to agree to the Terms on behalf of the business. Be advised accounts are not transferable.
5. Password Protection.  You are solely responsible for any activity on your account, hence, you must keep account password secure. 
6. Nature of the Relationship. You represent, warrant and agree that these Terms do not create any agency, partnership, joint venture, fiduciary, employment, or franchisee relationship between you and Bugalu.
7. You represent, warrant, and agree that you will not use your account to:

• lease, sell, copy, sublicense, transfer, or assign any information, intellectual property, goods, or services provided on the site to any third party;
• use the site for any illegal purpose;
• gain unauthorized access to our data or the data of other users;
• alter, modify, adapt, reverse engineer, decompile, disassemble, or hack our intellectual property;
• alter or modify another website to falsely imply that it is associated with the our website;
• use or export the our information, products, or services in violation of U.S. export laws and regulations;
• violate anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user’s jurisdiction;
• use the website or our services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct;
• breach, or attempting to breach, the website’s security systems
• enable third parties to violate the Terms of Use, and;,
• (if legally required) fail to ensure that all end users of the site are at least 18 years of age or older.

5. User Content

Content that you create and post using our Services  shall be referred to as “User Content”. We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

1. Your Responsibility. You are solely responsible for User Content. You represent, warrant, and agree that you have all necessary rights to User Content and that you and the User Content are not infringing or violating any third party’s rights by your use of same.

1. Grant of Rights to User Content. By posting User Content, you grant Bugalu a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of User Content. Allowing us to provide the Services and to promote Bugalu, your Bugalu shop, or the Services in general, in any formats and through any channels, including across any Bugalu Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using User Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, including User Content that contains any personal information.

1. Unauthorized Content. Bugalu is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If User Content is alleged to infringe another person’s intellectual property, Bugalu will take appropriate action, including disabling it upon receipt of a proper notice or terminating your account if you are a repeat infringer. Bugalu will give you notice of any such actions.

1. You understand and agree that the display, linking or other access to any kind of content, including classes, webinars, instructional/how to video(s) by us is meant to serve solely as a convenience to you, and we have not, and will not, test any software or verify any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such content, links or any such sites, locations or sources. The access to or use of such content, links, sites, locations and/or sources may be subject to their individual terms of use. You understand that it is your responsibility to read and comply with those terms of use. The fact that we have provided content or a link to any third party Website, location, content or source does not signify our endorsement of the site or its contents. You recognize and understand that there are inherent risks in the use of any such links or any software and/or content found on the Internet. Accordingly, you represent, warrant and agree that you and all persons under your supervision will exercise the utmost due care in using any content and/or attempting to replicate, implement, or perform any of the acts, instructions, guidance, or “how to” examples depicted therein. You further represent, warrant, and agree that we shall have no liability to you or to any third party for any injury, loss, damage, or any other claim as a result or arising out of your use of the Services or any our content. You hereby release Bugalu, its officers, owners, agents, employees and attorneys from any and all claims of any kind arising out of or relating to your use of the Services and/or any content posted by us or users of the Services.

As part of the general release of claims herein, and not by way of limitation, you expressly waive all of their rights under Section 1542 of the California Civil Code (or any similar law of any other jurisdiction), which states:

 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”

 

You understand and agree that you may hereafter discover claims or facts in addition to or different from those that you now know or believe to be true with respect to the subject matters of this Agreement, but that it is nevertheless your intention by signing this Agreement to fully, finally and forever release any and all claims, whether now known or unknown, suspected or unsuspected, which now exist, may exist, or previously have existed as set forth herein.

 

1. Inappropriate, False, or Misleading Content. There are certain types of content Bugalu won’t allow to be posted on Bugalu’s Services (for legal reasons or otherwise). You represent, warrant, and agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also represent, warrant and agree that your will not post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
2. Use of Bugalu’s Services

License to Use Bugalu Services. Bugalu hereby grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

 

1. Violation of Law. You represent, warrant and agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. E.g., you agree and understand that it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Bugalu, another Bugalu user, or a third party.

1. Responsibility for fees. You represent, warrant, and agree that you are responsible for paying all fees that you owe to Bugalu. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

1. Non-circumvention. You represent, warrant, and agree that you shall not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.

1. Non-interference. You represent, warrant, and agree that you will not to interfere with or try to disrupt our Services, i.e., distributing a virus or other harmful computer code.

1. Trademark Policy. The name “Bugalu” and the other Bugalu marks, phrases, logos, and designs that we use in connection with our Services (the Bugalu Trademarks), are trademarks, service marks, or trade dress of Bugalu in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.

1. Idea Submissions.  Any unsolicited ideas or other materials you submit to Bugalu (not including User Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You hereby grant Bugalu a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

1. Legal Communications. From time to time, Bugalu will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically by email or other electronic means, instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
2. Termination

Termination By You.  You may terminate your account with Bugalu at any time from your account settings. Terminating your account will not affect the availability of some of User Content that you posted through the Services prior to termination, nor your obligation to pay any outstanding bills.

 

Termination By Bugalu. We may terminate or suspend your account (and any accounts Bugalu determines are related to your account) and your access to the Services should we have reason to believe you, User Content, or your use of the Services violate our Terms. If we do so you will lose all rights to continue to use our Services. Generally, Bugalu will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

 

If your account is terminated for any reason by you or Bugalu you may lose any information associated with your account, including User Content.

Discontinuance of Services. Bugalu reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in Bugalu’s policies under these Terms of Use. Bugalu will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Limitation of Liability

Items You Purchase. You understand that Bugalu does not manufacture, store, or inspect any of the items sold through our Services. It is the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Bugalu cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You hereby release Bugalu from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

 

Content You Access.  We make no representations concerning any content posted by us or users through the Services. Bugalu is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You further hereby release us from all liability relating to that content.

 

Your Interaction. You can use the Services to interact with other individuals, either online or in person. You acknowledge, agree and understand that Bugalu does not screen users of its Services, and you hereby release us from all liability relating to your interactions with other users.

 

Third-Party Services. Our Services may contain links to third-party websites or services that Bugalu doesn’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Bugalu is not a party to those agreements; they are solely between you and the third party.

 

WARRANTIES.  YOU UNDERSTAND THAT BUGALU’S SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). BUGALU EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

BUGALU DOES NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BUGALU, NOR ITS EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL BUGALU’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID BUGALU IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification.

If Bugalu gets sued or has any claim or proceeding of any kind asserted against it because of your breach of the Terms or any other violation of the applicable rules or law, you represent, warrant and agree to defend and indemnify, defend, reimburse, and hold Bugalu, (including any of its employees, officers, directors, shareholders, agents and attorneys), harmless from any legal claim, judgment, levy, execution or demand (including reasonable attorney’s fees) that arises from your conduct or your breach of the Terms or any other violation of the applicable rules or law

Bugalu reserves the right to handle its legal defense however it sees fit, even if you are paying for it.

10. Third Party Claims/Disputes

If you find yourself in a dispute with another user of Bugalu’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Bugalu will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Bugalu has no obligation to resolve any disputes.

 

Release of Bugalu. You hereby release Bugalu from any and all claims, judgments, levies, executions, demands, and/or damages arising out of disputes with other users or parties.

11. Claims against Bugalu

These rules will govern any legal dispute involving our Services:

1. Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

1. Arbitration. You and Bugalu agree that any and all disputes or claims of any kind, where the amount of the claim is in excess of the applicable Small Claims limit, and arising from or relating to the Terms, torts, violations or law or otherwise shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section,), unless otherwise required by law. The arbitration shall be conducted in Los Angeles, County, in the State of California and administered by a sole arbitrator selected by mutual written agreement of the Parties. The Parties further agree that the filing of any law and motion hearings or the initiation of any hearings to obtain any form of a pre-judgment remedy shall not operate as a waiver of the Parties right to compel arbitration or submit any and all disputes, controversies or claims arising out of relating to this agreement, the relationship of the parties hereto, whether arising from contract, tort, or violation of law, to arbitration.

The arbitration procedure shall be governed by the substantive and procedural laws of the State of California, including all aspects of its arbitration law pursuant to the California Arbitration Act, sections 1280 through 1294.2 of the Code of Civil Procedure (“CAA”) as amended from time to time. If a conflict exists between the provisions of the CAA and this Agreement, the language of the Agreement shall control. The Parties shall have all rights of discovery and remedies as they would in a California civil action pursuant to California Code of Civil Procedure section 1283.05, and that the arbitration shall be governed by all of the applicable rules set forth in civil discovery act, CCP sections 2016.010 through 2036.05. The rules of evidence applicable to proceedings at law in the State of California will be applicable to the arbitration proceeding and the arbitrator is at all times required to strictly conform to these rules. The arbitrator shall prepare in writing and provide to the Parties an award including factual findings explaining the reasons on which their decision is based.

The arbitrator shall not have the power to commit (a) errors of law or legal reasoning, (b) errors of fact, or (c) errors with regards to mixed questions of law and fact. In addition, the arbitrator shall not reach factual conclusions unsupported by substantial evidence.  Furthermore, the arbitrator shall not have the power to render an award (a) not based on proper admissible evidence, (b) based on evidence not presented at the hearing, or (c) not in conformity with the substantive and procedural law of the State of California.

If the arbitrator exceeds any of the foregoing specific powers, the award may be vacated or corrected by filing a petition pursuant to the CAA in the time frame provided in CCP sections 1280 through 1294.2 in the Superior Court for the County of Los Angeles, in the State of California.  The award is subject to review for legal error, factual error, confirmation, correction or vacatur only in a California State Court of competent jurisdiction and only pursuant to the CAA. 

In reviewing the award, the Superior Court shall sit as if it were an Appellate Court, in all respects, including but not limited to the scope of review. The decision of the Superior Court is, itself, subject to review by the California Appellate Courts. The Court shall have the power to review (a) whether the findings of fact rendered by the arbitrators are supported by substantial evidence and (b) whether, as a matter of law based on such findings of fact the award should be confirmed, corrected or vacated. Upon such determination, judgment shall be entered in favor of either party consistent therewith.   

If any portion of this arbitration provision is held invalid or unenforceable, the remainder shall still be valid and enforceable. The arbitrator and/or supervising Court shall both have the power to amend the arbitration procedures set forth herein so this agreement shall remain enforceable and binding

The Parties each acknowledge that the arbitrator will charge fees and costs to conduct the arbitration. The Parties each agree to initially divide equally all arbitration fees and the compensation of the arbitrator. Notwithstanding the foregoing, the Parties each further acknowledge that the arbitrator may decide that one party or the other is the prevailing party in which event the non-prevailing party will be obligated to reimburse the prevailing party for all of the fees and costs imposed in connection with the arbitration.

 

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Bugalu are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator.

1. Small Claims. If the value of any User Claim is equal to or less than the current Small Claims limit, i.e., presently $10,000, then You must assert the User Claim in “small claims” court, but only if User Claim qualifies, User Claim remains in such court, and User Claim remains on an individual, non-representative, and non-class basis.
2. Forum. Any arbitration or legal action against Bugalu related to our Services must be filed and take place in Los Angeles County, California. For any actions not subject to arbitration or mediation, you and Bugalu agree to submit to the personal jurisdiction of a state or federal court located in Los Angeles County, California.

1. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.

1. Modifications. Any changes to this “Disputes with Bugalu” section after the date you last accepted the Terms, those changes will not have any retroactive effect to any claims filed in a legal proceeding against Bugalu prior to the date the changes became effective. Bugalu will notify you of substantive changes to the “Disputes with Bugalu” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Bugalu a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Bugalu in accordance with the provisions of this “Disputes with Bugalu” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen User Closed account or create a new account, you agree to be bound by the current version of the Terms.
2. Terms – Updates/Revisions

These Terms may be revised and/or updated from time to time. If in Bugalu’s opinion the changes are material Bugalu will give you notice of the changes through the Services and/or sending you an email. You are shall remain responsible for reviewing and understanding any changes. Continued or new use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Conflicts.In the event of any conflicts between these Terms of Use and any other Policy, Rule, Term, or Provision, these Terms of Use shall govern.
14. Miscellaneous

The Terms, including all of the policies that make up the Terms, shall supersede any and all other agreements between you and Bugalu regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms shall not be deemed a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms, without notice to you.

15. Communications with Bugalu

If you have any questions about the Terms, please email us at [email protected].

*In some countries you may have additional rights and/or the preceding may not apply to you. read

 

This policy explains our privacy practices for Bug.cafe (which we’ll refer to as the “Site”), Bugalu’s mobile applications (the “Apps”), Pattern by Bugalu, Bugalu Payments, Bugalu’s public Application Program Interface (the “API”), and our other services provided by Bugalu.Online Corp. (“Bugalu,” together with “we,” “us,” and “our”). We’ll refer to the Site, the Apps, Pattern by Bugalu, Bugalu Payments, the API, and our other services as the “Services.” If you are located outside of North or South America, Bugalu is the data controller and is responsible for your personal information. This policy does not apply to the practices of third parties (including other members who sell using the Services or API users) who may also collect or receive data in connection with your use of the Services.

 

1. Our Privacy Policy

We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understand this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Bugalu, or third-party websites and apps.

 

Bugalu’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Bugalu’s Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell,” as that term is defined under applicable law, including the California Consumer Privacy Act, the personal information of minors. More information can be found in Bugalu’s Minors Policy.

 

By using the Services, you acknowledge that Bugalu will use your information in the United States and any other country where Bugalu operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” Section of this policy.

2. Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Bugalu services you may interact with (such as, for example, for payments or customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Bugalu uses the personal information it receives and collects in accordance with the purposes described in this policy.

You can also choose to provide information to a third party via Bugalu’s API. While users of Bugalu’s API are required to follow Bugalu’s API Terms of Use, including having appropriate privacy and security controls, Bugalu does not have a direct partner relationship with these third parties and their processing of information is subject to their own privacy policies. You should understand the privacy and security practices of any third party before you share information with them.

Registration, Account Setup, Service Usage: In order to use the Services, will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. For example, in certain markets, Bugalu Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Bugalu in order to comply with local legal requirements. For both buyers and sellers, Bugalu requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). If you’re an Bugalu buyer in the EU, Norway, Iceland, or Liechtenstein, you may be asked to authenticate your payment method when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Bugalu may contact individual member sellers confidentially to request more information about their shops or items listed through the Services, or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Bugalu, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Bugalu and its service providers, unless otherwise specified.

 

Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Bugalu activity. Other members may see the date you joined; ratings, reviews and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favorites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials, and to feature you and your shop on and off the platform, as provided for in Bugalu’s Terms of Use. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.

 

Automated Information: Bugalu automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Bugalu may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.

 

We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.

 

Data from Bugalu Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, shipping information, and information shared in Bugalu’s forums.

 

Data from Advertising and Marketing Partners: As described below, Bugalu may receive information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Bugalu comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.

 

Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Bugalu in order to use functions like our local marketplace, maps, and for in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on Bugalu.

 

We obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customize the Services, for example, for Bugalu’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for shipping and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Bugalu.

Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.

 

Information from Third Parties: Some members or visitors may choose to connect to Bugalu or register an Bugalu account using an external third-party application, such as Facebook, or an app developed using Bugalu’s API. Connecting your Bugalu account to third-party applications or services is optional. If you choose to connect your account to a third-party application, it is subject to your agreements with that third party (like their Terms of Use and privacy notices), and Bugalu can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Bugalu on certain social media networks which are connected to your Bugalu account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.

 

Non-Member Information: Bugalu receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Bugalu member (a “non-member”) in connection with certain Bugalu features, such as when a non-member chooses to subscribe to an Bugalu newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Bugalu, for purposes necessary to the functioning of Bugalu’s Services or where Bugalu has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorized by a member or the non-member.

 

3. Locatability

You can choose to import your contacts from your mobile device or personal email address book, or a social network account to Bugalu. We do not retain the login information for your email service, mobile device, or social network site. You can search for people you know by email address or phone number on the Site or through the contact information you import. Finding your friends on Bugalu helps you connect with them on our platform. For example, you can follow another member’s public activity, such as public Favorites. When you begin following another member’s activity, they will receive an email notification (if the member has consented to receiving this type of email).

If you do not want your contacts to be able to find you on Bugalu through your email address, phone number, or social networking connections, then you can change your locatability through your account settings. If you do not wish to be located on Bugalu via your name, you can remove your name and instead may use a nickname or alias as your name in your public account information.

4. Messages from Bugalu

On occasion, Bugalu will need to contact you. Primarily, these messages are delivered by email, Bugalu Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Bugalu may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Bugalu may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings.

Some messages from Bugalu are service-related and necessary for members and Guest Checkout users. You understand and agree that Bugalu can send you non-marketing emails, Bugalu Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Bugalu’s Support team (including by chat interface or the other methods of communication as described above).

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Bugalu through their account settings. Please note that some changes to your account settings may take a few days to take effect.

A contact-importer feature is available to help you locate and connect with your friends and contacts who may be members of Bugalu (see the “Locatability” section above for more information). If someone in your contact list is not already a member, you may invite them to join Bugalu, and an email will be sent to them on your behalf. Recipients of email invitations may opt out of receiving future invitations by following instructions in the email invitation message. You may send an invitation only to someone who has given you consent to receive one.

5. Community

Bugalu is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, which are a part of the Bugalu Community space. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Bugalu account that is publicly available, your account’s status, your forum posts and Team memberships, your Bugalu username and/or shop name, the display name you’ve optionally chosen to share publicly in your Bugalu account, avatar image, the date that you registered on Bugalu, as well as your language and regional settings on the Site. If you close your Bugalu account, your Community account, which allows you to post, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Bugalu.

Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favorites. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.

6. Information Uses, Sharing, & Disclosure

Bugalu will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.

You can control your privacy settings through the opt-out buttons in your account settings privacy tab, and the Privacy Settings link in the footer of most site pages and our homepage. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.

Legal

When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal basis’ to use your information in these ways. These legal basis’ include where:

• Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
• You have consented to the processing, which you can revoke at any time;
• Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
• Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
• You have expressly made the information public;
• Necessary in the public interest, such as to prevent crime; and
• Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).

We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.

We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Bugalu’s controls.

 

Bugalu may also use first party data (e.g. your prior shopping and browsing patterns on our Site), and may combine it with other data collected from you, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our site, in our direct marketing channels (like email), or with our off site marketing partners, like Google and Facebook, subject to their terms and privacy notice you agreed to with such partners .

Legitimate Interests

Where we process your information on the basis of legitimate interests, we do so as follows:

Providing and Improving our Services: We use your information to improve and customize our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Bugalu.

 

Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Bugalu’s advertising programs (including Bugalu’s on-site advertising and marketing).

 

Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Bugalu’s systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, in accordance with our existing case resolution process, we may use information you provide to resolve disputes with Bugalu or other members.

 

Buying and Selling: As part of the buying and selling process, Bugalu will facilitate the sharing of information between the two members involved in the transaction. In some instances, while they are subject to Bugalu’s privacy and security requirements for vendors, these partners, not Bugalu, are responsible for the protection of personal information under their control. By making a sale or a purchase on Bugalu, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Bugalu’s Terms of Use, you have a limited license to use that information only for Bugalu-related communications or for Bugalu-facilitated transactions. Bugalu has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member’s jurisdiction.

 

Site Customization: We may learn about the types of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Bugalu.

 

Legal and Safety: Bugalu may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Bugalu’s Terms of Use. For example, if permitted due to the forgoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or to facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If Bugalu receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Bugalu may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details.

 

Affiliated Businesses: Bugalu is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Bugalu also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google, and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history, and purchase history.

 

Aggregated Information: Bugalu may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.

 

Service Providers: Bugalu also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Bugalu not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.

 

Business Reorganization: In some cases, Bugalu may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Bugalu’s assets), member information is typically one of the business assets that is transferred. If Bugalu intends to transfer information about you, Bugalu will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

 

Third Parties: Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Bugalu that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Bugalu chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party’s privacy policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.

 

This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Bugalu does not own or control or individuals that Bugalu does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Bugalu requires these third parties to follow Bugalu’s privacy and security requirements, Bugalu does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Bugalu is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.

7. Transfers

Bugalu operates a global service. By using our Services, you understand that Bugalu.Online Corp., may share some of the information it gathers with other Bugalu affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.

To the extent that Bugalu is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:

Model Clauses

The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing [email protected].

Necessary for the Performance of the Contract between Bugalu and its Members

Bugalu provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.  

8. Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Bugalu offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign in history and notifications; you can view more information in your account settings.

If you have any questions about the security of your personal information, you can contact us at [email protected].

9. Retention

Bugalu will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Bugalu member account), or as needed to provide the Services to you. If you no longer want Bugalu to use your information to provide the Services to you, you may close your account. Bugalu will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Bugalu sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

10. Your Rights & Choices

Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Bugalu gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you.  You may change or correct your Bugalu account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.

• Right to Access & Portability: You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.

• Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.

• Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.

• Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Bugalu.

• Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.

• Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.

The CCPA provides California residents with the following additional rights:

• Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.

• Right to Opt-Out: To the extent that Bugalu “sells” personal information(as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).

If you would like to manage, change, limit, or delete your personal information, you can do so via your Bugalu account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message to [email protected]. Once you contact us to exercise any of your rights, we will confirm receipt of your request.

 

Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Bugalu through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.

Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.

Email & Messages

You may also control the receipt of certain types of communications from Bugalu in your account settings. Bugalu may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Bugalu” Section of this policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account. 

We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies.

 

Additional Disclosures for California Residents

Notice of Collection

In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the “Information Collected or Received Section above, the categories of personal information that we have collected – as described by the CCPA – are:

• Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.

• Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.

• Demographics, such as your age or gender, or, where you have provided such information to Bugalu voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns.This category includes data that may qualify as protected classifications under other California or federal laws.

• Commercial information, including purchases and engagement with the Services.

• Internet activity, including your interactions with our Services and what led you to our Services.

• Sensory visual data, such as pictures posted on our Service.

• Geolocation data provided through location enabled services such as WiFi and GPS.

• Inferences, including information about your interests, preferences and favorites.

The Purposes for Our Collection

 

We collect and use these categories of personal information for our business and commercial purposes described in the “Information Uses, Sharing and Disclosure” Section above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.

Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)

Bugalu does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the “Information Uses, Sharing and Disclosure” Section above, we will comply with applicable law as to those activities.

 

To opt-out of receiving interest based advertising, you can exercise your choice by using your account privacy settings, or the general privacy settings link located at the footer of our homepage and most pages of the Site. The right to opt-out of interest based advertising is available to all Bugalu users.

Do Not Track Signals

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Shine the Light

California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Other than to Sellers on Bugalu (see “Buying and Selling” under the “Information Uses, Sharing and Disclosure” Section above), who must obtain your separate consent for their own marketing off of Bugalu, or unless you request us to or consent to it, Bugalu does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in the “Contact” Section below.

 

Accessibility

If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” section below.

11. Your Responsibilities

If you sell using our Services or use Bugalu’s API, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Bugalu Seller Policy and the Bugalu API Terms of Use.

12. Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.

13. Contact

If you have any questions:

Contact Bugalu’s Support team via our Help Center

Send an email to Bugalu’s Data Protection Officer at [email protected].

Write to us at one of the following addresses:

In North America or South America:
Bugalu Support Team – Privacy Policy

Bugalu.Online Corp.

27240 Turnberry Lane, Suite 200

Valencia, CA 91355

 

Outside of North America or South America:
Bugalu Support Team – Privacy Policy
Bugalu.Online Corp.

27240 Turnberry Lane, Suite 200

Valencia, CA 91355

 

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may contact our US-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

 

Prohibited Items Policy

 

Bugalu is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from Bugalu. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Bugalu. This policy explains what is prohibited or restricted on Bugalu.

This policy is a part of our Terms of Use. By opening an Bugalu shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on Bugalu:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
2. Animal Products and Human Remains
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Hate Items: Items that Promote, Support, or Glorify Hatred
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
6. Internationally Regulated Items
7. Pornography and Mature Content
8. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, “art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.”

In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Bugalu. We reserve the right to remove listings that we determine are not within the spirit of Bugalu. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on Bugalu. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of Bugalu.

More Details:

The following are examples of items that may not be sold on Bugalu:

1.  
2. Tobacco products, smokeable products, e-cigarettes, and e-liquid.
3. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
4. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
5. Medical drugs, regulated medical devices, and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Bugalu, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

Bugalu prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Bugalu may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Bugalu receives proper notice from a legal authority, we may remove an item.

2. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Bugalu due to the risk of harm to live, companion, or endangered animals.

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety and legal reasons, we prohibit certain dangerous items from our marketplace.

More details:

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal and shipping regulations surrounding such materials, hazardous materials are prohibited on Bugalu.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

1. Explosives (fireworks or sparklers)
2. Explosive precursors
3. Flammable items
4. Gases
5. Radioactive material
6. Toxic substances (such as poisons)

Recalled Items or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on Bugalu. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs.

Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Bugalu:

1. Guns, knives, or other blatant weapons, even if they are vintage.
2. Imitation firearmsand weapons that look real or are prohibited by US law.
3. Hate Items: Items that Promote, Support, or Glorify Hatred

We want Bugalu to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

More Details:

Bugalu does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organizations or people with such views.

The following items are not allowed on Bugalu:

1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate anti-gay, anti-immigrant, or Holocaust denial agendas.
2. Items that contain racial slurs or derogatory terms in reference to protected groups.
3. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect Bugalu sellers to respect the law as well.

More Details:

Illegal items, items that promote illegal activity, and stolen items are not allowed on Bugalu. Neither are certain items that are subject to complex legal regulations or registration systems. Because Bugalu is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.

Counterfeit or unauthorized items are prohibited on Bugalu. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Examples of prohibited counterfeit or unauthorized goods include replica luxury bags and branded apparel.

Additionally, due to complex legal restrictions that vary by location, Bugalu does not permit the sale of real estate, housing, or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list. Examples of items which may be subject to regulation include Native American crafts, plants and seeds, children’s products, and food products.

6. Internationally Regulated Items

Bugalu provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.

More Details:

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

When you use Bugalu’s services, you are also responsible for complying with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. All Bugalu members must comply with our Sanctions Policy, regardless of their location.

 

Bugalu reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations.

You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Bugalu has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Sanctions or compliance programs may have certain exceptions to their restrictions. For example, while OFAC broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.

7. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on Bugalu, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don’t have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities.

More Details:

Pornography of any sort is prohibited on Bugalu, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behavior for the sole purpose of sexual arousal or stimulation.

We define mature content containing printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images and explicit types or representations of taxidermy. 

 

 Not all nudity is considered mature, and examples are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.

Examples of What is Allowed Without Restriction:

Non-pornographic nude photography and depictions of breasts

8. Violent Items: Items that Promote, Support, or Glorify Violence

We want Bugalu to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others.

More Details:

We do not allow items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm.

The following items are not allowed on Bugalu:

1. Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers
2. Items that attempt to exploit natural disasters or human tragedies
3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups
4. Items that encourage self-mutilation, starvation, or other self-harm
5. Items that promote or endorse harmful misinformation

Examples of What is Allowed:

Fictional literary or art work (such as zombies, vampires, or other fictional works that tend to contain violence)

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on Bugalu that appears to violate these rules, you can report it to us. At the bottom of a listing page, you can click Report this item to Bugalu. To report copyright or intellectual property infringement, please follow the instructions in Bugalu’s Intellectual Property Policy.

 

Sanctions Policy

 

Bugalu provides a direct connection between buyers and sellers around the world. When you use Bugalu’s services ( “Services”), you are responsible for complying with this policy, regardless of your location.

 

This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.

 

As a global company based in the US with operations in other countries, Bugalu must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. This means that Bugalu or anyone using our Services cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

You should familiarize yourself with these restrictions.

For example, these restrictions generally prohibit, but are not limited to, transactions involving:

1. Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
2. Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) Listor Foreign Sanctions Evaders (“FSE”) List;
3. Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
4. Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.

In order to protect our community and marketplace, Bugalu takes steps to ensure compliance with sanctions programs. Thus, Bugalu prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location. Bugalu reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.

In addition to complying with OFAC and applicable local laws, Bugalu members should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.

Finally, Bugalu members should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. Bugalu has no authority or control over the independent decision-making of these providers.

The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. For legal advice, please consult a qualified professional.

Resources: US Department of the Treasury; Bureau of Industry and Security at the US Department of Commerce; US Department of State; European Commission

 

BUG.Cafe Seller Agreement

 

When you (which includes you personally and, any company or organization on whose behalf we grant you access), the Merchant use of our Internet website, ( hereinafter the “Website”), our pages and/or accounts on social media websites (hereinafter the “Social Media”) and our mobile applications, ( hereinafter the “App(s)”), and the information, documents, reports, data, features, functionalities and software, and the other materials that may be offered to you through the Website and the App(s) ( “Content” which from time to time may be revised and/or changed by us), you agree to be bound by these terms and conditions, Terms of Use, Policies, Rules, and provisions posted in the Terms and Conditions section of the Website, (collectively “Terms of Use”).

Bugalu.Online Corp., is sometimes referred to herein as “we,” “us” and/ or “our”.

Upon written notice or posting to the Website we may modify these Terms of Use. You agree to review these Terms of Use from to time. You agree that if you use the Website, App(s), Social Media and/or the Content after such notice or posting of changes to the Terms of Use, you will be deemed to have accepted such changes and will be bound by any and all such changes to, and these Terms of Use.

Notwithstanding the “Electronic Agreement to These Terms” Section below, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, APP(S), SOCIAL MEDIA AND/OR THE CONTENT INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

GENERAL

 

The Website is owned and operated by Bugalu.Online Corp. Our merchant network available via the Website and App(s) acts solely as a facilitator of communications between the merchant members and consumers. Unless expressly stated otherwise on the Website or App(s), the goods and services featured on the Website and App(s) are offered, provided, sold and delivered by the merchant members, not us. We are in no way responsible for the quality of goods or services offered by the merchant members. All questions regarding merchant members’ products and/or services featured on the Website and App(s) should be directed to the appropriate merchant members.

Please see the Website’s section on Claims for detailed instructions on how to resolve order problems and other customer satisfaction matters.

Notwithstanding anything to the contrary, becoming a merchant member will not entitle you to any benefits or rights, unless expressly agreed by us in writing signed by our authorized officer.  Nothing in these Terms of Use shall be deemed to create a joint venture, partnership, or any fiduciary relationship between us and you or any company or entity on whose behalf you are acting.

PRICES/AVAILABILITIES

 

The information contained on the Website and App(s) regarding price, specifications and availability of the goods and/or services listed on the Website and App(s) has been provided by the merchant members.

Although we attempt to make certain that the prices, specifications and availability listed on the Website and App(s) on the date they are viewed on the Website and App(s) are accurate, prices, specifications and availability of food products may differ and are subject to change.

Though we use every effort to insure accuracy in posting pricing information, discrepancies do occur. If the checkout price and the Website/App(s) price are different, the checkout price will prevail in every case.

We made efforts to confirm the accuracy of the information contained on the Website and App(s), mistakes can be made, including due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. If you become aware that the Website or App(s) contains inaccurate information, please let us know right away by using the “Contact” Information on the Website or App(s).

PROPERTY RIGHTS; COMPLIANCE WITH LAW

 

The Website, App(s), and Content are owned by us and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized by these Terms of Use, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Website, App(s), any and all content submitted by us on Social Media, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our express written consent in each instance. Use of the Website, App(s), Social Media and/or Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party is expressly prohibited. You represent, warrant and agree not to use the Website, App(s), the Social Media or the Content for any unlawful purposes and you shall comply with any and all requests from us to protect our respective rights in the Website, App(s), any and all content submitted by us on Social Media, and the Content. You may use the Website, App(s), any and all content submitted by us on Social Media, and the Content solely and exclusively for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. The use of devices (including software) designed to provide repeated automated access to the Website, App(s) and/or Content, including for any commercial purpose, except for those devices expressly authorized by us, is forbidden and expressly prohibited. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website and/or App(s). If you have any questions or concerns about the Content posted on the Website or App(s), please contact us.

TRADEMARKS

Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website, App(s) and/or Content are trademarks or trade dress of Bugalu Online Corp., in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that may appear in the Website, App(s) and/or Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

CONTENT

 

We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Website, App(s) or Social Media by anyone other than our authorized representatives, whether in house or outside, while acting in their official capacities.

When you submit any information or content to, or by otherwise using the Website, App(s) and/or Social Media, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sub licensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. In consideration of the benefit you receive from the use of the Website, App(s), Content and Social Media, you hereby fully and forever waive any and all moral rights, or any similar rights, in and to any such information or content.

Moreover, we do not review and assume no responsibility for any products/services mentioned on the Website, App(s) or Social Media, whether provided by us, affiliated companies or unaffiliated third parties. You represent, warrant, and agree to make your own independent evaluation of such products/ services, including their quality.

THIRD PARTY WEBSITES AND SOCIAL MEDIA

 

In the event you use the Website, App(s), Content or Social Media or the links included on the Website, App(s), Content or Social Media to gain access to any website or any Internet location or a source of information, including social media websites, of any other company, organization or person, you hereby understand and acknowledge that such sites, locations and sources are not under our direction or control and represent, warrant and agree that we will not be held responsible or liable  for any information, content or links found at any such site, location or source. The display of any links by us is meant to serve solely as a convenience to you, and we have not, and will not, test any software or verify any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. The access to or use of such links, sites, locations and/or sources may be subject to their individual terms of use.  You understand that it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any third party Website, location or source does not signify our endorsement of the site or its contents. You recognize and understand that there are inherent risks in the use of any such links or any software and/or content found on the Internet.

INFORMATION UPDATE

 

You understand and agree that we are under no duty, and we expressly disclaim any such duty, to update the Content to reflect circumstances that may occur after its publication date, for any reason whatsoever.

COMPLIANCE WITH RULES AND RESTRICTIONS

 

You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Website and/or the App(s). All materials on the Website and the App(s) are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

PASSWORDS/USER ID’S

 

In connection with your use of or access to the Website or App(s), we may periodically provide you with new user names, passwords and/or other unique identifiers (User ID’S). You are responsible for security and confidentiality of the User ID’S and agree not to disclose them to any third party, including, any company or organization that employs you or any other employee in your company or organization. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User ID’S are being used. We are not responsible, and expressly disclaim any liability, for any security breach or identify theft caused by your failure to maintain the confidentiality and security of User ID’S. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User ID’S, and/or if you believe the confidentiality or security of any or all of the User ID’S has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Website or App(s). User ID’S may be revoked or changed at any time without prior notice by us.  YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE OR APP(S)  BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE OR APP(S) IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

 

COMMUNICATIONS

 

You acknowledge and understand that periodically, we may record certain telephone calls used for the customer service and/or related purposes.  If any such recording occurs involving you, you hereby consent to such recording.

You understand and agree that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Website, App(s), Social Media, a proprietary network, a computer, a pager ,other wireless device or otherwise (collectively, Electronic Messages) may not be secure and communications using Electronic Messages may not be confidential.

You also understand and agree that we have no duty or obligation to update any information communicated to you using Electronic Messages. Additionally, even if a representative of Bugalu Online Corp., has communicated with you using Electronic Messages, the representative may not (and we disclaim any duty to) timely see, process, act on or respond to any message from you sent using Electronic Messages.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE WEBSITE, APP(S), AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE WEBSITE, APP(S) OR SOCIAL MEDIA, AND WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THE WEBSITE OR THE APP(S) WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE OR THE APP(S) WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE, APP(S) OR SOCIAL MEDIA. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE WEBSITE, APP(S), OR ANY OTHER WEBSITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE WEBSITE AND APP(S) ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. BY USING THE WEBSITE, APP(S) OR SOCIAL MEDIA, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD US LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, APP(S), SOCIAL MEDIA OR  CONTENT (OR ANY OTHER LINKED WEBSITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE WEBSITE, APP(S) AND SOCIAL MEDIA (OR ANY OTHER LINKED WEBSITE, LOCATION OR SOURCE). WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

YOUR REPRESENTATIONS AND WARRANTIES

 

You hereby represent and warrant that:
(A) (i) you are the person to whom the User ID’S you used to access the Website or the App(s) were issued by us and the information you provided to us in connection with the issuance of the User ID’S, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Website and the App(s) on behalf of the company or organization to whom the User ID’S you used to access the Website and the App(s) were issued by us;
(B) if you are accessing the Website or the App(s) on behalf of the company or organization to whom the User ID’S you used to access the Website and the App(s) were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Website and the App(s);
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Website, App(s) and Social Media;
(D) if we grant you access to the Website and the App(s) in your individual capacity, you are of the age of majority; and
(E) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or using User ID’S to or otherwise using the Website, App(s) and Social Media, and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm us or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe, misappropriate any copyright, patent, trademark, intellectual property, proprietary rights, right of publicity, or privacy rights  of any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).

INDEMNITY

 

You warrant, represent and agree that you shall indemnify and hold harmless Bugalu Online Corp., its affiliates and its partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) your access to and/or use of the Website, App(s), Social Media and/or the Content, and/or (iii) any and all information or content submitted by you or using User ID’S to or otherwise using the Website, App(s) and/or Social Media, including any claims that any of it violates, infringes or misappropriates any proprietary rights, right of publicity, privacy right, or any other right of any third party.

MODIFICATION; TERMINATION

 

We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Website or the App(s) (including the Content or hours of availability) and/or your access to or use of the Website, App(s) and/or Content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, we modify, suspend, terminate or discontinue your access to or use of the Website, App(s) and/or Content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, and will survive any termination provided for hereunder.

FORCES BEYOND OUR CONTROL

 

We are not nor will we be liable for any losses caused directly or indirectly as a result of acts, causes, events beyond our control, including natural disasters, acts of nature, war, terrorism actions or decrees of governmental agencies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (commonly known as an event of “Force Majeure”). All of our obligations of with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure.

MISCELLANEOUS

 

The Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Website, App(s) and/or Social Media and to use Content and, if applicable, you becoming and being a merchant member, and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. Neither you nor we may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party, in each instance. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website, App(s) and/or Social Media.

ELECTRONIC AGREEMENT TO THESE TERMS

 

We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Website, App(s) and/or the Social Media by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You represent, warrant, and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Website, App(s) and/or Social Media or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Website, App(s) and/or the Social Media intend to form a legally binding contract between you and us; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby represent, warrant, and agree that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

 

Trademark Policy

 

This policy is a part of our Terms of Use. By using any of Bugalu’s services, you’re agreeing to this policy and our Terms of Use. For issues regarding intellectual property not owned by Bugalu, please refer to our Intellectual Property Policy.

1. Our Bugalu Marks

The “Bugalu Marks” (or our “Marks”) are the words, logos, graphics, designs, and other indicators that identify Bugalu as the source of a product or service. We are required to protect our trademarks, brand identity, and reputation. The Bugalu Marks are trademarks and trade dress of Bugalu.Online Corp., protected in the US and around the world.

2. Uses of our Bugalu Marks

Talking About Bugalu Openly and Honestly

We’re all for legitimate and truthful commentary about Bugalu. When you mention us, please spell and capitalize “Bugalu” properly (and not “Bugalu” or “Esty”).

You can freely share your Bugalu shop URL.

You can share your Bugalu experiences.

Please don’t use our Bugalu Marks in ways that are misleading, defamatory, unlawful, or otherwise objectionable.

Bugalu’s Logos

Using our official Bugalu logos, such as on promotional products, business cards, or banners, is generally considered to be a commercial use, and can be particularly confusing. We do not permit these uses without our prior approval. Accordingly do not use our official Bugalu logos on things like merchandise without our prior written consent.

Names and Branding

We  are also required to protect against the occasional unfair and improper uses of our Marks.

Hence, you are not permitted to use our Bugalu Marks (or confusingly similar marks), in whole or in part, in a way that suggests a relationship with Bugalu that does not exist.

You are not permitted to use our Bugalu Marks or a term confusingly similar to “Bugalu” in the name of your company, organization, domain name, or trademark.

 

You are not permitted to alter, distort, or modify our Bugalu Marks.  This would include adding other terms to the Bugalu Marks to create new words.

 

You are not permitted to use our marks as your social media username or profile photo.

You are not permitted to create content that mimics or uses our website or platform’s look-and-feel.

Describing Your Own Content

If you’re creating content about Bugalu, like books, videos, or podcasts, you can refer to the name “Bugalu” to describe how it relates to us. You can use the name “Bugalu” in the title of your content, as long as it isn’t the most prominent part of the name or title. By “most prominent,” we mean things like using “Bugalu” as the first word in the title, or in terms of size, color, or font. Using a disclaimer also helps, i.e., “Bugalu is a trademark of Bugalu.Online Corp. This content is not created or endorsed by Bugalu.Online Corp.”

 

DO

use Bugalu in your title as long as it’s not the most prominent part.

DO

use a clear disclaimer that your content or event is about Bugalu, not by Bugalu.

DON’T

use the official Bugalu logo without our permission.

The same goes for when you’re creating your own event involving the Bugalu community. You can use the name “Bugalu” when naming your event, as long as it isn’t the most prominent part of the event name or promotional material.

 

DO

include “Bugalu” in your event name as long as it’s not the most prominent part.

DON’T

forget to check with us before using the official Bugalu logo.

Bugalu Team captains and members should view the Community Policy for information on how to name their Team and Team events.