This user agreement (hereinafter referred to as the Agreement) provides for the terms and conditions for using Bumpin Application for devices and is subject to conclusion by and between the Service Administration and the user.
1. Terms Used in this Agreement
1.1. Service — an application which comprises, among other things, a set of the computer programs (as well as any visual images caused by them, including interfaces and graphic images) and databases which are functionally designated for the Users acquaintance and communication and having other functional capabilities. The Service is used in the interactive (online) mode by way of the Client Side of the Service being uploaded and installed on the User's mobile phone (the links are available for downloading on the official website of Bumpin, bumpin.pro) and by connecting the User to the Administration Server via the Internet.
1.2. Service Administration — Bumpin Limited Liability Company that is the holder of all relevant exclusive property rights to the Site and the Service, including the rights to the Site domain name, and which administers the Site and the Service.
1.3. Service User — a natural person who uses the Service. Consent to the terms hereof should be expressed by a legally competent and full-aged representative (a parent) of a child.
1.4. User Agreement — the text of this Agreement between the User and the Service Administration containing all required and material terms and conditions of the agreement. Fulfillment of the User Agreement terms and conditions is an essential prerequisite for using the Service.
1.5. Internet Site — a site in the Internet located at: bumpin.pro. The information to be mandatorily reviewed by the User, including the links to application load, is posted on the Service Internet Site.
1.6. User Profile — an account of the User that is available upon registration and containing the information necessary to use the Service, data on the available Service updates and other information required to perform this Agreement.
1.7. Information Holder – a person who created the information independently or who was granted with the right to allow or restrict access to the information determined by any signs on the basis of the legislation or under the agreement.
1.8. Check-in – an event of determining the user location.
2. Subject Matter of the Agreement
2.1. Before proceeding to the use of the Service you should read closely the terms of this Agreement. By pressing the "Register" button or any other button similar in meaning located in the window for filling in the registration form, you express your unconditional consent to the terms hereof.
2.2. Commencement of using the Service by you in whatever form means that you accept all terms of this Agreement in full without any exceptions and limitations on your part. Using the Service under any other terms shall be prohibited.
2.3. If you disagree with the provisions of this Agreement or have no right to enter into the same
you should immediately cease using the Service.
2.4. The Agreement (including any of the parts hereof) may be modified by the Service Administration who notifies the users thereof by posting a new version of the Regulations on the website and in the Application at least 10 days prior to the effective date of the relevant modifications. The previous versions of the Regulations shall be kept in the document archive of the Administration.
3.Rights and Obligations of the User
3.1. The User shall independently provide for the secrecy of his/her password and other data the disclosure of which may entail adverse effects for the User. The User shall be solely liable for any risks and losses related thereto.
3.2. The User agrees that if it breaches any of its obligations the Service Administration shall have the right at any time to terminate the User access to the Service.
3.3. The User gives his/her consent to provision of the Service Administration with his/her geolocation data, including during background operation of the application, and with the data on connection to wi-fi networks. This option may be deactivated by the User independently in the settings of the operating system of his/her mobile device.
3.4. When registering through the social networks (such as VKontakte, Facebook, Twitter) the User acknowledges his/her consent to transfer of the information (including confidential data) to the Service Administration.
3.5. By pressing the "Exchange contacts" button, the User on a voluntary basis sends his/her personal data indicated in his/her profile to the other user.
3.6. If desired, the User may hide a link to his/her page in the social media he/she had registered through contained in his/her profile. (this link to the user page is visible by other users by default).
3.7. The User gives his/her consent to receive messages from other users
3.8. The User shall be prohibited:
3.8.1. To post any texts and images containing offences to human dignity, encouraging violence, pornography, drugs, racial or national hostility, etc.
3.8.2. To use the Service in any manner that may prevent appropriate functioning of the Service;
3.8.3. To upload, post, transfer or otherwise make publicly known, including by using in the User's name (nickname) and in other parts of his/her questionnaire in the Service and while sending personal messages (hereinafter – to post), any information and/or statements that contain threats, discredit or abuse other Users or third parties, are vulgar, obscene, indecent, insulting, are of fraudulent nature, infringe on any personal or public interests, promulgate racial, religious, ethnical hate or enmity, as well as any information offending human dignity and reputation, or infringing universal moral principles or legally protected human and civil rights;
3.8.4. To mislead other Users as to his/her personality using other person's account, deliberately misrepresent his/her self-concept, age or relations with other persons or organizations;
3.8.5. To post any commercial advertisements, commercial offers, propaganda materials, to distribute spam, chain messages (messages required to be transferred to one or more users), pyramid schemes or calls for participating in them, or any other unwanted information, except for the cases when posting of such information was approved by the Service Administration;
3.8.6. To post in the questionnaire or other Service sections the addresses, phone numbers, email addresses, passport data and other personal information of other Users or any third parties (including their personal images) without receipt of the relevant persons' prior consent to perform such actions;
3.8.7. To post any files (or links thereto) that contain or may contain viruses and other malicious programs. Sending any messages containing such information shall also be prohibited;
3.8.8. To describe or promote criminal activities, post any instructions or guidelines for committing
acts of crime;
3.8.9. By any means, by way of guessing password, hacking or other actions which make it possible to get access to other person's account against the will of its holder; 3.8.10. To post any information that violates the exclusive rights for the intellectual property items held by the Users or by third parties;
3.8.11. To post any other information that, in the personal opinion of the Service Administration, is unwanted, does not meet the Service creation purposes, infringes upon the Users' interests or otherwise unadvisable to be posted in the Service.
3.8.12. To post any obscene and/or swear words and/or word combinations, including to use such words/ word combinations in the User's name (nickname).
3.8.13. To use in the User's name (nickname) any words and/or word combinations (made in any world language, in any в любой transliteration, irrespective of the case (lowercase and/or capital characters), regardless of the design and font) that mislead (or may mislead) other users of the Service regarding this User having opportunities (powers and/or rights) to control (moderate) the Service (or certain sections and/or functions and/or content of the Service). To illustrate the rule specified in this clause we hereby provide examples of the words/ word combinations that are not allowed to be used in the User's name (nickname). The prohibited names and/or nicknames of the Users: "Administrator", "Moderator", "Bumpin" and any derived words / word combinations, as well as any other words / word combinations described in this clause of the User Agreement.
3.8.14 To transfer, lease out, lend, sell or otherwise transfer access to its account of the service to any person.
3.9. Except in cases provided by law, the Service Administration shall have the right not to provide the Users with the Service use reports.
4.Rights and Obligations of the Service Administration
4.1. The Service Administration shall use best efforts to prevent failures, but it shall not be liable for any temporary technical failures and breaks in the Service operation irrespective of the reasons thereof.
4.2. The Service Administration shall improve the hardware and software package on a regular basis but it shall not guarantee that the Service software will be free from any errors, the hardware component will maintain its operating parameters and will run smoothly.
4.3. The Service Administration shall not be liable for any losses or other harm caused to the User in related to its incompetent actions and by the actions of third parties.
4.4. The User as the Holder of Information shall allow and transfer access to information to the Service Administration (observing the rights and lawful interests of other persons), including any correspondence with other Users who have also accepted the terms and conditions of this Agreement. As an example, an opportunity to "complain" to the communication moderator inside the Service about the other User, whereupon the moderator may study the ground of such complaint and take a decision in respect of the violator.
4.5. To the extent that this information may be considered as confidential or relating to the User's private life, the User shall give his/her consent to collection, storing and distribution by the Service Administration and to access to the entire content and information on the Service specified, distributed or transferred by the User through the Service.
4.6. Any user may file a complaint against other user by pressing "to complain" button. After three complaints against the user's message his/her account shall be blocked automatically. The blocking is temporary until the complaint is considered by the Service Administration.
4.7. The Service Administration has access to the communication content based on the permission of the User as the Holder of Information and may store, use and disclose the content to the extent permitted by the applicable law and in cases when the Site Administration believes in good faith that saving or disclosure of the content is reasonably required in order to:
a.comply with the requirements under the court proceedings;
b.respond to the complaints regarding the content violating the third party rights;
c.enforce the provisions hereof. In particular, along with the direct access to the User'scommunication content and materials the Service Administration also applies violation preventionmeasures, including, but not limited to, the automated algorithms of identification of breaches (orattempts to breach) hereof when using the Service.
5.Limitation of Service Administration Liability
5.1. The User is not provided with any guarantees that the Service will meet his/her requirements; the Service will be accessible on a continuous, fast, reliable and error-free basis; the results that may be obtained using the Service will be accurate and reliable; the quality of the Service, information and other content received with the use of the service will be consistent with the User's expectations; any errors in the Service software will be corrected.
5.2. As the Service is at the stage of permanent updating and upgrading of new functional capabilities, the Service may be changed from time to time without prior notification of the User. The Service Administration shall be entitled at its own discretion to terminate (either provisionally or finally) operation of certain Service functions in regard to all Users in general or to the User in particular without any prior notice.
5.3. The Service Administration neither has any connection to the materials (text, images) posted by the Users in the Service (hereinafter – the "content") nor makes any checks of the content, authenticity and safety of such materials, as well as of their compliance with the applicable legal requirements and of the Users having the required scope of rights to use the same.
5.4. The User is notified that when using the Service he/she may be provided with the content that may be regarded by him/her as containing the information of insulting or obscene nature as well as violating the applicable law and third party rights.
5.5. A person who created this content and (or) posted it in the service shall bear full liability for such content and compliance thereof with the applicable legal requirements.
5.6. The user shall be held solely liable for any infringement of the obligations stipulated by this Agreement and (or) by the applicable law, as well as for any effects of such infringements (including any losses or damage that may be incurred by the Service Administration and other third parties).
5.7. The Service Administration reserves the right without giving any reason to delete any content from the Service or to restrict access thereto on a provisional basis. 5.8. In case of repeated violations by the User of the provisions hereof and / or of the legal requirements, the Service Administration shall reserve the right to block the User's account.
5.9. If any third party claims are lodged in respect of violation of any property and/or personal non-property rights of third parties, and of any legally established bans or limitations, the User shall reimburse in full any losses incurred by the Service Administration.
5.10. The Service Administration shall withdraw from any liability in connection with the violations made by the User and with any harm or losses incurred by the User under the circumstances specified above.
5.11. The Service Administration shall not be liable for the User having no Internet access, for the quality of services rendered by the Internet service providers with whom the User has entered into the agreements for granting Internet access services.
5.12. The Service Administration shall not be liable for arising of any direct or indirect damage or lost profit of the User or other third parties caused as a result of:
5.12.1. the use or unavailability of the Service;
5.12.2. unauthorized access of any third parties to the User's personal information;
5.12.3. any statement or behavior in the Service of any third party;
5.12.4. removal of the User's profile or termination of its functioning.
6.1. Users can create an account in the Bumpin service or use some of its features only if they are over 18 years old. This means that we do not engage or encourage people under the age of 18 to use our service. If we are aware that someone under the age of 18 has registered we will take steps to terminate that user's registration.
6.2. By accepting the terms and conditions hereof, the User acknowledges his/her consent to processing by the Service Administration of the data on his/her name, surname, sex, age, country and city of residence, mobile phone number, marital status, geolocation (if the User is in the private residential house, the geo-position will be shifted in a random manner and the User's address will be hidden), as well as of other personal data posted by the User in his/her personal questionnaire (for instance, personal photos). In this case, the User understands that the data posted in his/her questionnaire (including personal images of the User) become accessible by all other Service Users and agrees to provision of such access to the relevant data. The Service Administration shall be entitled to collect, record, systematize, accumulate, store, clarify (update, modify), extract, depersonalize, block, delete, and destroy the User's personal data and to transfer them to the third parties, provided such actions are taken for the purposes of performance hereof. The Service Administration shall also be entitled to process the information presented by the User, including the personal data. The Service Administration shall take the required technical and organizational measures in order to protect the Users' personal data from any unauthorized or accidental access thereto, destruction, alteration, blocking, copying or dissemination of the personal data, and from other wrongful acts of the third parties. The Service Administration shall provide access to the User's personal data only to the Service Administration employees and counterparties who need such information to ensure the Service operation and to perform this Agreement with the User.
6.3. The Service shall use the automated check-in of the User after he/she gets in the application. The automated check-in is necessary to display the users in the city and world places and to notify on other users being in the same place.
6.4. The Service Administration shall display the users on the city map and on the world map. The User has an opportunity to hide himself/herself from the map at any time. The button "invisibility" is used for the User to hide himself/herself from the city map or the world map. This function has two modes:
"You are hidden from everyone" – in this case no one will see you on the city map and on the world map.
«You are hidden from people from other places" – you can be seen only by the users located at the same place as you. ………
6.5. If the User has not used the privacy mode, his/her profile is displayed in the user list after the user had specified his/her location and left it during 24 hours. …
6.6. If the user has left a message or a publication on the location page, the profile is viewable by other users regardless of the activated privacy mode.
6.7. If any provision hereof is recognized by court as invalid or unenforceable this will not entail invalidity or unenforceability of other provisions of the Agreement.
6.8. The Agreement (including any part hereof) may be amended by the Service Administration that notifies the users to that effect by posting the restated Rules on the website bumpin.pro and in the Application at least 10 days prior to entry into force of the relevant amendments.
6.9 We strongly oppose the placement, distribution, and publication of indecent, pornographic, offensive, cruel, or other illegal content on our platform. All forms of such content are strictly prohibited. We reserve the right to monitor content and, if necessary, remove it without prior notice. Users who violate this rule may face temporary or permanent account suspension.
Users have the right to appeal account suspension or other sanctions imposed as a result of a violation of this agreement. To do so, please contact us at email@example.com
6.10 Please refer any questions related to execution hereof to the address firstname.lastname@example.org
Version is dated 19.10.2021