By accessing the BougeRV application whether through a mobile device,
mobile application or computer (collectively, the “Service”) you agree
to be bound by these Terms of Use (this “Agreement”), whether or not you
create a BougeRV account. If you wish to create a BougeRV account and
make use of the Service, please read these Terms of Use.
You should also read the BougeRV Privacy Policy, which is incorporated
by reference into this Agreement and available in the Service. If you do
not accept and agree to be bound by all of the terms of this Agreement,
including the BougeRV Privacy Policy, do not use the Service. Please
contact us with any questions regarding this Agreement.
Acceptance of Terms of Use Agreement.
This Agreement is an electronic contract that establishes the legally
binding terms you must accept to use the Service. This Agreement
includes the Company’s (i) Privacy Policy, (ii) our Safety Tips and,
(iii) terms disclosed and agreed to by you if you purchase or accept
additional features, products or services we offer on the Service, such
as terms governing features, billing, free trials, discounts and
promotions.
By accessing or using the Service, you accept this Agreement and agree
to the terms, conditions and notices contained or referenced herein and
consent to have this Agreement and all notices provided to you in
electronic form. To withdraw this consent, you must cease using the
Service and terminate your account. Please print a copy of this
Agreement for your records. To receive a non-electronic copy of this
Agreement, please contact us at support@bougerv.com. This Agreement may
be modified by the Company from time to time, such modifications to be
effective upon posting by the Company in the Service.
Eligibility.
No part of BougeRV is directed to persons under the age of 18. You must
be at least 18 years of age to access and use the Service. Any use of
the Service is void where prohibited. By accessing and using the
Service, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. If you create an account, you
represent and warrant that you have never been convicted of a felony and
that you are not required to register as a sex offender with any
government entity. Using the Service may be prohibited or restricted in
certain countries.
Term and Termination.
This Agreement will remain in full force and effect while you use the
Service and/or have a BougeRV account. You may disable your account at
any time, for any reason, by following the instructions in “Settings” in
the Service. The Company may terminate or suspend your account at any
time without notice if the Company believes that you have breached this
Agreement, or for any other reason, with or without cause, in its sole
discretion. Upon such termination or suspension, you will not be
entitled to any refund of unused fees for in app purchases. The Company
is not required to disclose, and may be prohibited by law from
disclosing, the reason for the termination or suspension of your
account. After your account is terminated for any reason, all terms of
this Agreement survive such termination, and continue in full force and
effect, except for any terms that by their nature expire or are fully
satisfied.
Non-commercial Use by Users.
The Service is for personal use only. Users may not use the Service or
any content contained in the Service (including, but not limited to,
content of other users, designs, text, graphics, images, video,
information, logos, software, audio files and computer code) in
connection with any commercial endeavors, such as (i) advertising or
soliciting any user to buy or sell any products or services not offered
by the Company or (ii) soliciting others to attend parties or other
social functions, or networking, for commercial purposes. Users of the
Service may not use any information obtained from the Service to
contact, advertise to, solicit, or sell to any other user without his or
her prior explicit consent. Organizations, companies, and/or businesses
may not use the Service or the Service for any purpose except with
BougeRV’s express consent (such as for promoted profiles or other
advertisements), which BougeRV may provide or deny in its sole
discretion. The Company may investigate and take any available legal
action in response to illegal and/or unauthorized uses of the Service,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email
and unauthorized framing of or linking to the Service.
Account Security.
You are responsible for maintaining the confidentiality of the username
and password you designate during the registration process, and you are
solely responsible for all activities that occur under your username and
password. You agree to immediately notify the Company of any disclosure
or unauthorized use of your username or password or any other breach of
security at support@bougerv.com and ensure that you log out from your
account at the end of each session.
Your Interactions with Other Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU
UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL
BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT
INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY
THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY
CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY
CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER
REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any user.In no event
shall the Company, its affiliates or its partners be liable (directly or
indirectly) for any losses or damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of you or anyone
else in connection with the use of the Service including, without
limitation, death, bodily injury, emotional distress, and/or any other
damages resulting from communications or meetings with other users or
persons you meet through the Service. You agree to take all necessary
precautions in all interactions with other users, particularly if you
decide to communicate off the Service or meet in person, or if you
decide to send money to another user. In addition, you agree to review
and follow the Company's Safety Tips, located in the Service, prior to
using the Service. You understand that the Company makes no guarantees,
either express or implied, regarding your ultimate compatibility with
individuals you meet through the Service. You should not provide your
financial information (for example, your credit card or bank account
information), or wire or otherwise send money, to other users.
Proprietary Rights.
The Company owns and retains all proprietary rights in the Service, and
in all content, trademarks, trade names, service marks and other
intellectual property rights related thereto. The Service contains the
copyrighted material, trademarks, and other proprietary information of
the Company and its licensors. You agree to not copy, modify, transmit,
create any derivative works from, make use of, or reproduce in any way
any copyrighted material, trademarks, trade names, service marks, or
other intellectual property or proprietary information accessible
through the Service, without first obtaining the prior written consent
of the Company or, if such property is not owned by the Company, the
owner of such intellectual property or proprietary rights. You agree to
not remove, obscure or otherwise alter any proprietary notices appearing
on any content, including copyright, trademark and other intellectual
property notices.
Content Posted by You in the Service.
You are solely responsible for the content and information that you
post, upload, publish, link to, transmit, record, display or otherwise
make available (hereinafter, “post”) on the Service or transmit to other
users, including text messages, chat, videos (including streaming
videos), photographs, or profile text, whether publicly posted or
privately transmitted (collectively, “Content”). You may not post as
part of the Service, or transmit to the Company or any other user
(either on or off the Service), any offensive, inaccurate, incomplete,
abusive, obscene, profane, threatening, intimidating, harassing,
racially offensive, or illegal material, or any material that infringes
or violates another person’s rights (including intellectual property
rights, and rights of privacy and publicity). You represent and warrant
that (i) all information that you submit upon creation of your account
is accurate and truthful and that you will promptly update any
information provided by you that subsequently becomes inaccurate,
incomplete, misleading or false and (ii) you have the right to post the
Content on the Service and grant the licenses set forth below.
You understand and agree that the Company may, but is not obligated to,
monitor or review any Content you post as part of a Service. The Company
may delete any Content, in whole or in part, that in the sole judgment
of the Company violates this Agreement or may harm the reputation of the
Service or the Company.
By posting Content as part of the Service, you automatically grant to
the Company, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, transferable, sub-licensable, fully paid-up,
worldwide right and license to (i) use, copy, store, perform, display,
reproduce, record, play, adapt, modify and distribute the Content, (ii)
prepare derivative works of the Content or incorporate the Content into
other works and (iii) grant and authorize sublicenses of the foregoing
in any media now known or hereafter created. You represent and warrant
that any posting and use of your Content by the Company will not
infringe or violate the rights of any third party.
In addition to the types of Content described in Section above, the
following is a partial list of the kind of Content that is prohibited in
the Service. You may not post, upload, display or otherwise make
available Content that:
That promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
Advocates harassment or intimidation of another person;
Requests money from, or is intended to otherwise defraud, other users of
the Service;
Involves the transmission of “junk mail”, “chain letters” or unsolicited
mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or
similar activities);
Promotes information that is false or misleading, or promotes illegal
activities or conduct that is defamatory, libelous or otherwise
objectionable;
Promotes an illegal or unauthorized copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated images, audio or video, or links to
pirated images, audio or video files;
Contains video, audio photographs, or images of another person without
his or her permission (or in the case of a minor, the minor’s legal
guardian);
Contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or other
illegal manner, or solicits personal information from anyone under the
age of 18;
Provides instructional information about illegal activities such as
making or buying illegal weapons or drugs, violating someone’s privacy,
or providing, disseminating or creating computer viruses;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other
harmful, or disruptive codes, components or devices;
Impersonates, or otherwise misrepresents affiliation, connection or
association with, any person or entity;
Provides information or data you do not have a right to make available
under law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information);
Disrupts the normal flow of dialogue, causes a screen to “scroll” faster
than other users are able to type, or otherwise negatively affects other
users’ ability to engage in real time exchanges;
Solicits passwords or personal identifying information for commercial or
unlawful purposes from other users or disseminates another person’s
personal information without his or her permission;
Publicizes or promotes commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
The Company reserves the right, in its sole discretion, to investigate
and take any legal action against anyone who violates this provision,
including removing the offending communication from the Service and
terminating or suspending the account of such violators.
Your use of the Service, including all Content you post through the
Service, must comply with all applicable laws and regulations. You agree
that the Company may access, preserve and disclose your account
information and Content if required to do so by law or in a good faith
belief that such access, preservation or disclosure is reasonably
necessary, such as to: (i) comply with legal process; (ii) enforce this
Agreement; (iii) respond to claims that any Content violates the rights
of third parties; (iv) respond to your requests for customer service or
allow you to use the Service in the future; or (v) protect the rights,
property or personal safety of the Company or any other person.
You agree that any Content you place on the Service may be viewed by
other users and may be viewed by any person visiting or participating in
the Service.
Prohibited Activities.
The Company reserves the right to investigate, suspend and/or terminate
your account if you have misused the Service or behaved in a way the
Company regards as inappropriate or unlawful, including actions or
communications the occur off the Service but involve users you meet
through the Service. The following is a partial list of the type of
actions that you may not engage in with respect to the Service. You will
not:
Impersonate any person or entity.
Solicit money from any users.
Post any Content that is prohibited.
“stalk” or otherwise harass any person.
Express or imply that any statements you make are endorsed by the
Company without our specific prior written consent.
Use the Service in an illegal manner or to commit an illegal act;
Access the Service in a jurisdiction in which it is illegal or
unauthorized;
Ask or use users to conceal the identity, source, or destination of any
illegally gained money or products.
Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, “data mine”,
or in any way reproduce or circumvent the navigational structure or
presentation of the Service or its contents.
Collect usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the Service.
Interfere with or disrupt the Service or the servers or networks
connected to the Service.
Email or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted to or through the Service
(either directly or indirectly through use of third party software).
“frame” or “mirror” any part of the Service, without the Company's prior
written authorization.
Use meta tags or code or other devices containing any reference to the
Company or the Service (or any trademark, trade name, service mark, logo
or slogan of the Company) to direct any person to any other website for
any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service any
software used on or for the Service, or cause others to do so.
Post, use, transmit or distribute, directly or indirectly, (e.g. screen
scrape) in any manner or media any content or information obtained from
the Service other than solely in connection with your use of the Service
in accordance with this Agreement.
Customer Service.
The Company provides assistance and guidance through its customer care
representatives. When communicating with our customer care
representatives, you agree to not be abusive, obscene, profane,
offensive, sexist, threatening, harassing, racially offensive, or to not
otherwise behave inappropriately. If we feel that your behavior towards
any of our customer care representatives or other employees is at any
time threatening or offensive, we reserve the right to immediately
terminate your account.
In App Purchases.
From time to time, BougeRV may offer additional products and services
for purchase (“in app purchases”). If you choose to make an in app
purchase, you will be prompted to enter details for your account with
the mobile platform you are using (“your IAP Account”), and your IAP
Account will be charged for the in app purchase in accordance with the
terms disclosed to you at the time of purchase as well as the general
terms for in app purchases that apply to your IAP Account. In app
purchases may include a free trial period. At the end of the free trial
period, you will be charged the price of the subscription and will
continue to be charged until you cancel your subscription. To avoid any
charges, you must cancel before the end of the trial period. If you
purchase an auto-recurring periodic subscription through an in app
purchase, your IAP Account will be billed continuously for the
subscription until you cancel in accordance with the platform terms. In
call cases, please refer to the terms of your application platform which
apply to your in app purchases.
Modifications to Service.
The Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that the Company shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service. To protect the integrity of the Service, the Company
reserves the right at any time in its sole discretion to block users
from certain IP addresses from accessing the Service.
Copyright Policy,Notice and Procedure for Making Claims of Copyright
Infringement.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information:
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is
located on the Service (and such description must be reasonably
sufficient to enable the Company to find the alleged infringing
material, such as a url);
Your address, telephone number and email address;
A written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the
Company’s Copyright Agent at support@bougerv.com.
The Company will terminate the accounts of repeat infringers.
Disclaimers.
You acknowledge and agree that neither the Company nor its affiliates
and third party partners are responsible for and shall not have any
liability, directly or indirectly, for any loss or damage, including
personal injury or death, as a result of or alleged to be the result of
(i) any incorrect or inaccurate Content posted in the Service, whether
caused by users or any of the equipment or programming associated with
or utilized in the Service; (ii) the timeliness, deletion or removal,
incorrect delivery or failure to store any Content, communications or
personalization settings; (iii) the conduct, whether online or offline,
of any user; (iv) any error, omission or defect in, interruption,
deletion, alteration, delay in operation or transmission, theft or
destruction of, or unauthorized access to, any user or user
communications; or (v) any problems, failure or technical malfunction of
any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or
at any website or combination thereof, including injury or damage to
users or to any other person’s computer or device related to or
resulting from participating or downloading materials in connection with
the Internet and/or in connection with the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in
the Service is for informational and entertainment purposes only and is not intended to replace or substitute for
any professional financial, medical, legal, or other advice. The Company makes no representations or warranties
and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person
following the information offered or provided within or through the Service. If you have specific concerns or a
situation arises in which you require professional or medical advice, you should consult with an appropriately
trained and qualified specialist.
Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions
offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is
not responsible for the availability of such external websites or resources, and does not endorse and is not
responsible or liable for any content, information, statements, advertising, goods or services, or other materials
on or available from such websites or resources. Your correspondence or business dealings with, or participation
in promotions of, third parties found in or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated with such dealings, are
solely between you and such third party. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or
services or other materials available on or through any such website or resource.
Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS,
LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF
GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF
SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE
SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR
CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED
WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your breach of or failure to comply with this Agreement
(including any breach of your representations and warranties contained herein), any postings or Content you post
in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will
fully cooperate with the Company in connection therewith.
Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using any
reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or
postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service
in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been
delivered had you accessed the Service in an authorized manner.
Entire Agreement; Other.
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for
particular services or offers in the Service, contains the entire agreement between you and the Company regarding
the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is
non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make
any representations or bind the Company in any manner.
Amendment. This Agreement is subject to change by the Company at any time.
Contact us: support@bougerv.com