RAPIDBUMP TERMS & CONDITIONS
Last modified: May 9th, 2018
These RapidBump terms and conditions (the “Terms”) are between you (“you”, “your”, “user”) and Arc Enterprise (“Arc Enterprise “, “we”, “our”, “us”) which governs your access and use of our products and services (collectively “RapidBump Services”) including RapidBump website (“Site”) located at www.rapidbump.com and RapidBump mobile application (“App”) for mobile devices (“Devices”).
By visiting or using the Site and/or by downloading and/or using the App, you hereby agree to be bound by the Terms, including but not limited to additional terms and conditions and policies referenced herein.
We may change the Terms at any time and at our sole discretion. The revised Terms will take immediate effect upon posting. Each time you use or access RapidBump Services, you reaffirm your acceptance of the then current Terms. If you do not wish to be bound by the Terms, you shall discontinue using RapidBump Services.
By agreeing to the Terms, you represent that you are at least the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use RapidBump Services.
You may not use RapidBump Services for any illegal or unauthorized purpose nor may you, in the use of the RapidBump Services, violate any laws in your jurisdiction. You also may not undertake any conduct that, in our judgement, restricts or inhibits any other user from using or enjoying RapidBump Services.
We have the right at any time to change, modify, upgrade, add to or suspend, discontinue or retire any aspect or feature of RapidBump Services. We have no obligation to provide you with notice of any such changes and will not be liable to you should we exercise these rights. It is under our sole discretions to provide you with any error correction, updates, upgrades, bug fixes, enhancement and/or other maintenance or support of RapidBump Services.
Limited Use of Site and App
You may not sub-license, or charge others to use or access the Site or App and you may not reproduce, duplicate, copy, sell, resell or exploit any portion of RapidBump Services, use of RapidBump Services, or access to RapidBump Services or any contact on the Site or App through which RapidBump Services is provided, without express written permission by us. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Site or App or incorporate it (or any portion of it) into another product. You may not translate, reverse engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Site or App. You may not modify the Site or App or use it in any way not expressly authorized by these Terms. You may not authorize or assist any third party to do any of the things described in this paragraph. You may access a Site only through the interfaces and protocols provided or authorized by us. You agree that you will not access the App through unauthorized means, such as unlicensed software clients.
We grant you a personal, non-exclusive, non-transferable, non-sublicenseable, limited right to install and use the App in object code form only on your Device. You understand that our introduction of various App may not be consistent across all Devices and that the performance and features offered by us may vary depending on the Device and mobile network that you use.
You may be permitted to submit, post or upload any content through RapidBump Services, such as digital images, texts, photographs, graphics, sounds or other material and information (“Content”). You may only submit Content for which you hold all intellectual property rights or for which you have obtained the authorization from the person holding all the intellectual property rights. You may not submit or post any Content that is unlawful, obscene, discriminatory, defamatory, libellous, threatening or harassing, sexually explicit or harmful to minors or that violates the Terms. By posting or submitting any Content through RapidBump Services, you represent and warrant that (i) you own all the right to the Content or are authorized to use and distribute the Content through RapidBump Services; (ii) the Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation; (iii) the Content does not contain any virus or other computer code or programs that may interrupt, destroy or limit the operation of RapidBump Services and other network or equipment; (iv) the Content complies with applicable laws and regulations and the Terms.
You or the owner of the Content retains ownership of all right, title and interest in the Content that you submit or post through the Site or App. By submitting or posting Content through RapidBump Services, you grant Arc Enterprise, its parent, affiliates, subsidiaries, assigns, agents and licensees the royalty-free, irrevocable, perpetual, worldwide, non-exclusive, transferable, sublicenseable right and license to (i) use, reproduce, copy, store, display, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import, distribute, or transmit any part or all of the Content in any medium known now or in the future, (ii) adapt, translate, modify and create any derivative works from any part or all of the Content in any manner and in any medium known now or in the future, (iii) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee; for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you and however we consider appropriate. You represent, warrant and agree that none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Arc Enterprise and we won’t be liable for any use or disclosure of your Content.
Arc Enterprise is not liable for the Content that is provided by others. We reserve the right to remove Content that in its sole judgement does not comply with the Terms or applicable laws or regulations, but we are not responsible for any failure or delay in removing such material.
RapidBump Services are in most cases only available and limited to persons residing in Brunei Darussalam. In order to use certain features within RapidBump Services, user registration is required. Upon account registration, you must provide accurate, complete and current information when registering an account on our Site or App. This includes but not limited to valid phone number, valid billing address, valid e-mail address.
You must safeguard your account and any username and password specified in the registration. You authorize us to assume that any person using RapidBump Services with your account, username and/or password is either you or is authorized to act for you. You agree to immediately notify us of any unauthorized use of your account, username and/or password or any breach of security of which you become aware.
You may notify us if you would like to terminate or suspend your registered account. You may terminate your use of the App at any time by uninstalling or destroying all copies of the App that are in your possession or control and in case of termination, you must cease all use and destroy all copies of the App.
We reserve the right to terminate or suspend your account and/or decline user access to any of RapidBump Services including but not limited to use of the Site, App, registrations, forums, uploads, listings, Referrals, Rapid Wallet, Games in Demand and other associated services, in our sole and absolute discretion with or without notice to you for any suspicious, spamming, phishing, hacking, illegal and/or harmful activities, or if you breach any of the Terms or any applicable law, or if we conclude that your conduct impacts negatively on our name or reputation or RapidBump Services or violates our rights or those of another party, or as we otherwise think fit. We may make such determinations, among other ways, by using automated systems and machine learning tools.
If your account is terminated, all of your user content may remain on RapidBump Services, however you will no longer have access to it, including any of the associated data or content (e.g., Rapid Wallet, Rapid Points). You will not be entitled to any refunds and we will have no liability to you. We also reserve the right to terminate any other accounts you may have created (also without any refunds and we will have no liability to you).
You understand and agree that using RapidBump Services comes with the risk that your account or access may be terminated or suspended and that, whenever you use the RapidBump Services, you’ll bear this risk in mind and always conduct yourself appropriately.
PRODUCTS, SERVICES, ORDERS AND PAYMENT
Certain products or services may be available exclusively online through the Site or App only. We reserve the right, but are not obligated, to limit the sales or quantities of our products or RapidBump Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on RapidBump Services is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase, payment and account information to us or the third-party payment provider for all purchases made through RapidBump Services. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed. If there is a dispute regarding payment of fees to us, your account may be terminated or suspended with or without warning or notice at our sole discretion.
You further agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Terms or elsewhere on the RapidBump Services. Any fees payable by you will be outlined in your invoice for your review.
Refunds are not applicable for items including but not limited to New Games, Digital/Physical Gift Cards, Digital Codes, Virtual Wallets (e.g. Steam Wallet, Rapid Wallet). Please refer to our Customer Protection & Refund Policy for more details.
Rapidbump may release information and how-to on website, social media and apps. Any action you take upon these information we provided is strictly at your own risk. We will not be liable for any losses and damages in connection to your usage of information we have provided.
RapidBump Services may contain links or portals to third party websites not under our control or operation. Use of any such third-party content provided via our RapidBump Services may also be conditioned upon agreement to such third-party’s terms and conditions. Any such links are provided only as a convenience and do not imply our endorsement or responsibility for the contents of any such linked site and we disclaim all liability with regard to your access to and use of such linked websites.
DISCLAIMER OF WARRANTIES
THE RAPIDBUMP SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARC ENTERPRISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE RAPIDBUMP SERVICES, INCLUDING, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE RAPIDBUMP SERVICES. ARC ENTERPRISE DOES NOT WARRANT THAT THE RAPIDBUMP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RAPIDBUMP SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE RAPIDBUMP SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE RAPIDBUMP SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RAPIDBUMP (INCLUDING WITHOUT LIMITATION YOUR USE OF RAPIDBUMP SERVICES, THE APP AND THE SITE) IS TO DISCONTINUE YOUR USE OF RAPIDBUMP SERVICES, THE APP AND THE SITE. ARC ENTERPRISE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF RAPIDBUMP SERVICES, THE APP OR THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF RAPIDBUMP SERVICES, THE APP OR THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ARC ENTERPRISE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL ARC ENTERPRISE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE RAPIDBUMP SERVICES, EVEN IF ARC ENTERPRISE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ARC ENTERPRISE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO ARC ENTERPRISE, IF ANY TRANSACTIONS, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. ARC ENTERPRISE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE APP OR THE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OR PURCHASER AS APPROPRIATE OF PRODUCTS OR SERVICES.
The Terms shall be governed by and construed in accordance with the laws of Brunei Darussalam, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the terms and or your use of RapidBump Services resides in the courts located in Brunei, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigation any such claim or action. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings used herein are included for convenience only and will not limit or otherwise affect the Terms and shall not be given any legal import.
The provisions of these Terms addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, and governing law shall survive the termination of this Terms. If, however, it is determined that such provision can’t be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHT AND TRADEMARK NOTICE
© 2018 Arc Enterprise. All rights reserved. Arc Enterprise, the Arc Enterprise logo, RapidBump, and the RapidBump logo, are trademarks and/or registered trademarks of Arc Enterprise.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.
Google Play and the Google Play logo are trademarks of Google LLC.
Other company, product and service names, trademarks, logos and brands used in this service are property of their respective owners. Use of these names, logos, and brands does not imply affiliation or endorsement and are for identification purposes only.