WIFI AGREEMENT AND ACCEPTABLE USE POLICY
This is a legal agreement (“Agreement”) between you and Beall’s, Inc. and its affiliates and subsidiaries, including Bunulu, LLC, collectively referred to as “Bunulu”, office or other location (“location”) governing your access to and use of this WIFI Service (“Service”). Only current guests of this location may use the Service.
By clicking your acceptance, or by accessing or using this service, you represent that you are currently a guest of this location and acknowledge that you have read all of the terms and conditions of this Agreement, understand them, and agree to be legally bound by them. If you are not a current guest of this location and/or you do not agree to or understand this Agreement, then you may not use or access this Service.
By using this Service you warrant and promise, that either (i) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf, and that you are responsible for the activity and conduct of anyone that you permit to use this Service.
1. ACCESS. When accessing the Service, acceptance of this Agreement will be required at the beginning of each session. There may be time limits associated with access to the Service in certain locations and/or in connection with access to Service with certain devices. Unless otherwise noted, there are no fees charged by Bunulu to use the Service, however there may be data usage or other like fees owed by you to your mobile carrier. This Service may not be used by a minor without the permission of a parent or guardian.
Bunulu does not screen or restrict access to any content placed on or accessible through the Internet. Bunulu also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Bunulu is not liable for any action or inaction with respect to any such content on the Internet accessible through the Service. You also agree that Bunulu may terminate or cease providing the Service at any time and without obligation to you.
2. CONSENT TO MONITORING. Bunulu and any third party provider reserve the right to, and you acknowledge and consent, that Bunulu and/or the third party provider may (but are not required to) monitor your communications and activities via this service (including their content) during transmission, and in connection with accessing and the use of this service.
3. AUTHORIZED USE OF THIS SERVICE. You agree that you are authorized to use this Service solely while you are a guest of this location, subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), Tortious Conduct (conduct that is intentionally harmful to an individual or entity or conduct that puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
You must (1) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Service, (2) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Service and (2) all communications that you send or receive via the Service. Bunulu does not undertake the security of any data you send through the Service and it is your responsibility to secure such data.
4. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Bunulu, the Third Party Provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Service, including, but not limited to, using the Service for Prohibited Conduct. Bunulu reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Bunulu and/or the Third Party Provider in asserting any available defenses.
5. CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, Bunulu and the Third Party Provider reserve the right to, and you agree that Bunulu and/or the Third Party Provider shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service. You agree that you will be liable to Bunulu and the Third Party Provider for any damages incurred or amounts that are required to be paid by Bunulu and/or the Third Party Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement.
6. PRIVACY AND SECURITY. You are responsible for your privacy and security. Although privacy and security are important to Bunulu and the third party provider, you understand and agree that you shall have no expectation of privacy or security in your use of this service. There are privacy and security risks associated with wireless communications and the internet in general and you acknowledge that Bunulu and the third party provider make no assurances that your communications, or activities while using the services, or your use of any information or data obtained by you by accessing this service will be (or will remain) private or secure, and you further agree that Bunulu and the third party provider assume no responsibility in that regard. You agree that you, and not Bunulu or the third party provider, are solely responsible for your own privacy and security in using this service, the accuracy or completeness of any information or data obtained by you via this service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).
7. DISCLAIMER OF WARRANTY. You acknowledge and agree that this service is provided solely as a convenience to Bunulu guests, “as is”, “with all faults”, and “as available”. You further acknowledge and agree that Bunulu and the third party provider disclaim to the fullest extent permitted by applicable law all warranties and representations of any kind, whether express, implied or by law, statutory or otherwise, including without limitation any warranties of: (i) merchantability, (ii) fitness for a particular purpose, (iii) non-infringement, (iv) workmanlike effort, (v) quality, (vi) accuracy, (vii)timeliness, (viii) completeness, (ix) title, (x) quiet enjoyment, (xi) no encumbrances, (xii) no liens, (xiii) system integration or that any device, network or software you use will work or function properly with our Wi-Fi network or (xiv) that access to or use of this service or any part thereof will be uninterrupted, error or defect free, free of viruses or other harmful code, or secure, or that problems will be corrected, even if Bunulu or third party service provider is on notice of such problems. You further agree and understand that there are no warranties that extend beyond the face of this Agreement; no advice or information given by Bunulu, the third party provider or their respective employees or agents, shall create any warranty, guaranty, promise, or otherwise. If applicable law does not allow the exclusion of some or all of the above implied warranties, you agree that the above exclusions will apply to you to the extent allowed by applicable law.
8. LIMITATION OF BUNULU’S AND THE THIRD PARTY PROVIDER’S LIABILITY. (a) You acknowledge and agree that this service is provided as a privilege, solely for convenience, and use of the service does not impose liability of any kind (or in any amount) on Bunulu or the third party provider, including without limitation, liability for any direct, indirect, special, consequential, incidental, punitive or exemplary damages (including, without limitation, lost profits, loss of business, business interruption, loss of data, or other similar damages) arising out of or related to this Agreement or this service, its features or content, even if Bunulu or its third party provider is advised of the possibility of any such damages. (b) you further agree that if for any reason any of the foregoing limitations of liability is held to fail of its essential purpose or is otherwise deemed to be unenforceable, then the maximum aggregate, cumulative liability of Bunulu and its third party provider arising out of, or related to, this Agreement and the use of the service shall not exceed the lesser of (i) your direct damages (if any), or (ii) fifty dollars ($50.00). (c) you agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from: (i) breach of contract, breach of warranty, gross negligence, negligence or other tortious conduct, (ii) damages from error, omission, interruption, defect, failure of performance, accident, misuse or fraudulence, unauthorized use of this service, use or loss of use of data, delays, non-delivery mis-delivery, breach of security, line failure or service interruptions or due to inadvertent release or disclosure of information sent by you even if the same is caused by Bunulu’s or the third party provider’s own negligence, or(iii) any other cause of action, however stated.
9.OWNERSHIP AND INTELLECTUAL PROPERTY. The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Bunulu and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of Bunulu used herein are trademarks or registered trademarks of Bunulu. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
11. USER SUBMITTED CONTENT. We may, in our sole discretion, permit you to submit, post, upload, publish, email, send or transmit Content on or through the Service or in response to or in connection with Content previously provided via the Service. We may occasionally ask you to resubmit Content to us in a different form. Unless otherwise agreed in writing, Bunulu does not claim any ownership rights in your Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content through the Service, you hereby grant to Bunulu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, Bunulu, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You also grant Bunulu the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Content. You agree that neither Bunulu nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that Bunulu does not guarantee any confidentiality with respect to Content you submit. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under the terms of this Agreement.
Notwithstanding the above, if you submit Content to Bunulu for Bunulu, in its sole discretion, to consider using for its own purposes, you may be asked to agree to a separate license agreement that will supersede this provision with respect to such Content. You acknowledge and agree that Bunulu has no obligation to use any Content that you submit and that you have no obligation to agree to license terms other than those presented in this Agreement.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Service or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Bunulu the rights in such Content, as contemplated under this Agreement; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Bunulu’s use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If the warranty herein is breached, you agree to indemnify and defend Bunulu, its officers, customers, employees and shareholders for any costs, damages, settlements, fees or awards resulting from any suit arising from such breach.
12. IDEA OR PROPOSAL SUBMISSIONS/FEEDBACK. For any proposals or ideas that you submit to Bunulu, in addition to any other representations or warranties in this Agreement, you represent and warrant that you have the right to disclose such ideas or proposal to Bunulu and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend Bunulu from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.
By submitting your idea or proposal you acknowledge and recognize that Bunulu has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, Bunulu may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this Agreement shall be construed as a representation or inference that Bunulu will not independently develop or authorize the development of products, services or ideas, for itself or for others that may compete with or be similar to the proposals or ideas you submit. Moreover, Bunulu assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to Bunulu product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that Bunulu’s willingness to review any proposals or ideas is not an admission by Bunulu of novelty, priority, or originality and does not impair Bunulu’s right to contest existing or future patents or copyrights claiming the ideas. You agree that Bunulu assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under the Patent and Copyright Statutes of the United States of America.
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that in consideration of your access to the Service, all Feedback will be the sole and exclusive property of Bunulu and you hereby irrevocably assign to Bunulu and agree to irrevocably assign to Bunulu all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein. No remuneration or fee shall be due or payable for such Feedback
13. CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that Bunulu or the Third Party Provider may, at any time and for whatever reason change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. Bunulu also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms. Sections 4, 7, 8, 9, 11, 12, 13, 14, 15 and 16, and any other provisions that by their nature should survive termination, shall survive termination of this Agreement for any reason.
14. COPYRIGHT POLICY. Bunulu respects intellectual property rights of others and expects its users to do the same. Accordingly, Bunulu may terminate any registered users or other account holders who infringe or are believed to be infringing any third party intellectual property rights.
15. FAIR USAGE. To ensure the provision of a quality of Service to all our customers and to ensure that the behavior of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.
16. MISCELLANEOUS. You agree that: this Agreement and your use of the Service shall be governed by (i) the laws of the State of Florida, without regard to conflicts of laws principles (if you obtain this Service within the United States), without regard to conflict of laws principles, and Bunulu and/or its Third Party Provider, shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be (ii) the Federal and State courts in the State of Florida in Manatee County or Hillsborough County (if based on a claim under Federal law), and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service. You agree that this Agreement is solely between you and Bunulu. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Service shall be solely against Bunulu, and not any other party. Further, you agree that any action you bring that arises from, or relates to, the Service must be initiated within one year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. Any failure by Bunulu or Third Party Provider to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that this Agreement constitutes the entire agreement between you and Bunulu regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Bunulu regarding its subject matter.
You expressly consent that you understand English and to the rendering of this Agreement in English.
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