Terms of Services - Bunker App

Terms of Service:

Please note that the following Terms of Service (TOS) have been gently modified from the TOS of Wordpress.com, which is freely available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’d appreciate a link to WordPress.com and/or BunkerApp.com somewhere on your site.

The following terms and conditions govern all use of the BunkerApp.com website and all content, services and products available at or through the website, including, but not limited to, the Bunker Application (“BunkerApp”) and the BunkerApp.com paid memberships (taken together, the Website). The Website is owned and operated by Prokapi UG (haftungsbeschränkt) & Co. KG (“PROKAPI”), see About this Website for further details. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PROGRAPI’s Privacy Policy) and procedures that may be published from time to time on this Site by PROKAPI (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PROKAPI, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your BunkerApp.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify PROKAPI of any unauthorized uses of your account or any other breaches of security. PROKAPI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your account is not named in a manner that misleads your readers into thinking that you are another person or company.
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PROKAPI or otherwise.

By submitting Content to PROKAPI for inclusion on your documents, you grant PROKAPI a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in order to supply you with the Website’s service. If you delete Content, PROKAPI will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, PROKAPI has the right (though not the obligation) to, in PROKAPI’s sole discretion terminate or deny access to and use of the Website to any individual or entity for any reason, in PROKAPI’s sole discretion. PROKAPI will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms.
Optional paid services such as extra storage or VIP hosting are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay PROKAPI the monthly or annual subscription fees indicated for that service (additional payment terms specifically for VIP services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Automatic Renewal.
Unless you notify PROKAPI before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

Paid Users.

Fees; Payment. By signing up for a paid account you agree to pay PROKAPI the setup fees and monthly hosting fees indicated at http://vip.BunkerApp.com/ in exchange for the services listed at http://vip.BunkerApp.com/. Applicable fees will be invoiced starting from the day your service is established and in advance of using such service. PROKAPI reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Support. Paid-user service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by PROKAPI to respond within one business day) concerning the use of the service. “Priority” means that support for paid customers takes priority over support for users of the standard, free BunkerApp.com services. All paid-user support will be provided in accordance with PROKAPI standard paid-user practices, procedures and policies.

Bunker App Application.

Fees; Payment. By signing up for BunkerApp.com you agree to pay PROKAPI the specified monthly or yearly fees in exchange for access to the services. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. PROKAPI reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Bunker App access can be canceled by you at anytime on 30 days written notice to PROKAPI.
Cancellation. To cancel a paid account you must follow a cancel link in emails from our payment gateway "FastSpring.com”. Such a link is on every email communication from them regarding your account, such as payment confirmation etc.
Restricted Use. You may not use the BunkerApp.com website to substantially replicate products or services offered by PROKAPI, including the republication of BunkerApp.com content or the creation of a separate service platform. If PROKAPI believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the BunkerApp may be temporarily or permanently revoked, with or without notice.

Responsibility of Website Visitors. PROKAPI has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PROKAPI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PROKAPI disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BunkerApp.com links, and that link to BunkerApp.com. PROKAPI does not have any control over those non-BunkerApp websites and webpages, and is not responsible for their contents or their use. By linking to a non-BunkerApp website or webpage, PROKAPI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PROKAPI disclaims any responsibility for any harm resulting from your use of non-BunkerApp websites and webpages.
Intellectual Property. This Agreement does not transfer from PROKAPI to you any PROKAPI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PROKAPI. Prokapi, BunkerApp, BunkerApp.com, the BunkerApp.com logo, and all other trademarks, service marks, graphics and logos used in connection with BunkerApp.com, or the Website are trademarks or registered trademarks of PROKAPI or PROKAPI’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PROKAPI or third-party trademarks.
Advertisements. PROKAPI reserves the right to display advertisements on your control panel and/or documents unless you have upgraded to a paid account.
Attribution. PROKAPI reserves the right to display attribution links such as ‘Powered by BunkerApp.com,’ on documents sent out via free accounts.
Changes. PROKAPI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PROKAPI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. PROKAPI may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BunkerApp.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by PROKAPI if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PROKAPI’s notice to you thereof; provided that, PROKAPI can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. PROKAPI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PROKAPI nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will PROKAPI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PROKAPI under this agreement during the twelve (12) month period prior to the cause of action. PROKAPI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PROKAPI Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless PROKAPI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between PROKAPI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PROKAPI, or by the posting by PROKAPI of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.

Change log:

May 8, 2012 Changed to modified version of Wordpress’s TOS doc.

October, 01 2011: Created original TOS doc.