Bixy, a division of 42 Labs, LLC, a Kansas limited liability company, and its affiliates (collectively, “Bixy”) provides its services and applications (“Services”) to you exclusively under the following provisions and all applicable laws:
Ownership of Services
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services belong to Bixy. Except as expressly provided, nothing contained herein shall be construed as conferring any license or other right, by implication, estoppel or otherwise.
License of Services
Bixy hereby grants you a non-exclusive, non-transferable, limited license to use the Services as set forth herein. Except as expressly provided, no part of the Services may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without the express written permission of Bixy. Bixy reserves the right to limit, change, or stop the Services or this license in its sole discretion without notice. You must be over the age of 13 to use the Services.
You agree to pay Bixy for any goods or services you purchase from Bixy, whether via the Services or otherwise, in accordance with the description and conditions of Bixy’s offers of such goods and services. If you subscribe to recurring goods or services from Bixy, then you hereby authorize Bixy to automatically charge the balance of your account with Bixy on a recurring schedule to any payment methods you provide to Bixy.
Bixy reserves the right to immediately suspend or terminate any actual or possible prohibited use without notice, and reserves all remedies for addressing abuse. You shall not use the Services or license hereunder as follows:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S.A. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
- To engage in any fraudulent activity, whether related to the purchase of a product, service or in connection with any promotional offer, including coupons, rebates or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Bixy, a representative or affiliate of Bixy, another user, or any other person or entity (including, without limitation, by using e-mail addresses, screen names, domains, or other identification associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Bixy in its sole discretion, may harm Bixy or users of the Services or expose Bixy or users of the Services to liability, including without limitation any form of discrimination, harassment, or attack on others.
- To use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- To use any “robot,” “crawler,” “spider,” “scraper” or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material of the Services.
- To use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without Bixy’s prior written consent.
- To use any device, software or routine that interferes with the proper working of the Services.
- To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- To reverse engineer or determine the underlying processes within the Service.
- To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or similar conduct.
- To resell, profit, or otherwise mark up the Services for immediate resale.
- To misrepresent yourself as the agent for another or omit to disclose agency on behalf of another.
- To infringe Bixy’s or any other person’s copyright, trademark, patent or other intellectual property rights.
- To attempt to assist any other person in the foregoing prohibited uses.
- Otherwise attempt to interfere with the proper working of the Services.
The services are provided on an “as is,” “as available” basis and Bixy expressly disclaims all warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. Bixy does not warrant or represent that any material on the services is accurate, complete, current, reliable, or error-free.
No third-party beneficiaries
Nothing herein shall confer any right or benefit on any third party.
Limitation of liability
To the fullest extent permitted by law, and not withstanding any other provision herein, the total liability of Bixy and Bixy’s directors, officers, members, managers, employees, contractors, and agents to you or anyone claiming by, through, or under you, for any claims, losses, costs, or damages (including attorneys’ fees and costs and professional costs of any nature whatsoever) arising out of, resulting from, or in any way related to the Services from any cause or causes, including but not limited to negligence, gross negligence, recklessness, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Bixy from you over the last one-hundred eighty (180) days for the Services.
No consequential damages
Notwithstanding any other provision of this Agreement, Bixy shall not be liable to any other person, either in contract or in tort, for any non-direct damages, including without limitation incidental and consequential damages, or for any loss of use, loss of income, or business interruption, of such other person, relating to the breach of this Agreement, whether or not the possibility of such damages has been disclosed to Bixy in advance or could have been reasonably foreseen by Bixy.
You agree to indemnify, hold harmless, and defend Bixy and Bixy’s directors, officers, members, managers, employees, contractors, and agents from any claims, losses, costs, or damages (including attorneys’ fees and costs and professional costs of any nature whatsoever) arising out of, resulting from, or in any way related to your violation, or violation by any other person using your access to the Services, of the provisions of these terms of service or for any civil liability arising from or relating to these terms of service.
The headings herein are for convenience only and do not constitute any part of these terms of service.
These terms of service state the final and exclusive agreement on the subject matter hereof and supersede all prior negotiations and terms of service.
These terms of service may be amended or modified from time to time or any time by Bixy or its successor and assigns.
Governing law; venue
All matters arising under or relating to the Services are to be governed by and construed in accordance with the laws of Kansas, U.S.A. without regard to conflict of laws principles that would require the application of any other law. Any claims, legal proceeding or litigation arising in connection with the Services will be brought solely in state or federal courts covering Douglas County, Kansas, U.S.A. and you consent to the jurisdiction of such courts.
Waiver of jury trials, class actions
You hereby waive your right to trial by jury or participation of joining with any other party or any class in all matters arising under or relating to these terms of services.
If any provision herein is illegal or unenforceable, that provision is severed therefrom, the other provisions remain in force, and, to the extent possible, the severed provision is deemed replaced by a provision that is legal and enforceable and that comes closest to expressing the intent of the severed provision.
If you do not agree
If you do not agree to these terms of service in full, you must immediately stop your use of the services.