Terms of Service
By registering, accessing or using any services developed, operated, maintained or hosted by BuildManager (“BuildManager”) including all websites and IP addresses available at and configured for your use, you agree to be bound to the following terms and conditions (“Terms of Service.”).
The following Terms of Service apply to all versions of the Service, whether they be Free Evaluation sites or any Paying version of the Service during evaluation, implementation or production.
BuildManager reserves the right to change, update and revise the Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service on its websites.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
- The Service is intended for Adult use only. All users must be 13 years or older to access and use the Service. In accordance with the Children’s Online Privacy Protection Act (COPPA), BuildManager will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
- BuildManager is not responsible for maintaining the security of your usernames and passwords, except to the sole extent whereby the username and password are maintained and stored within our servers or computers. It is your responsibility to notify BuildManager if you believe your usernames or passwords have been compromised or used in an unauthorised manner. BuildManager assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
- You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under your usernames and passwords, unless such use of the username and password were made by an unauthorised third party due.
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law.
- If you cancel or terminate your account with BuildManager, all of your content, data, information, text, files, documents, images and feeds will be immediately deleted from the Service.
- BuildManager claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service.
- BuildManager has a ‘Fair Use Policy’ regarding bandwidth usage (data upload and download) and storage limits in BuildManager. BuildManager may contact individual customers identified as exceeding 2GB of storage and higher than average bandwidth usage. Additional charges will be negotiated for high data users and additional ‘data storage packs’ are available for purchase for an additional monthly fee.
GENERAL CONDITIONS OF USE
- You agree not to upload, post, email or transmit otherwise any other unlawful unsolicited email including “spam” to BuildManager or any users of the Service.
- You agree not to knowingly upload, post, email or transmit otherwise any material that contains, software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Service.
- You agree not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene. BuildManager, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party’s intellectual property.
- You agree not to “reverse engineer,” change, modify, hack, make derivative works, exploit, or crack any portion of the Service for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
- You agree not “crawl” or “spider” or release any automated software or service to obtain information stored, saved or contained on any web page as part of the Service.
- You acknowledge, understand and agree that BuildManager cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but BuildManager cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
- You acknowledge, understand and agree that BuildManager provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement. BuildManager also makes no warranty that the Service will meet the user’s requirements.
- In the event of an interruption of service, user agrees to hold BuildManager harmless and not liable for any minor, material or consequential loss to the user’s business, practice or services.
- You agree to defend, indemnify, and hold harmless BuildManager, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
- BuildManager respects the privacy of its users. Please read our Privacy Statement on the support site which forms part of these Terms.
- You agree to receive administrative and legal notices about the Service electronically via email.
- All fees for Australian residents are inclusive of GST (Goods and Services Tax).
- All payments rendered are non-refundable. You may cancel at anytime using the option to deactivate under the Admin menu. Refunds and/or credits cannot be issued for payments already made.
- Upon cancellation BuildManager will destroy all content, data, information, text, files, documents, images and feeds that were created and accessed during your subscription to the Service.
- Unless otherwise agreed BuildManager may change the prices for any of its Services upon 30 days written notice. Any price changes will be made effective upon the next billing cycle.
The failure of BuildManager to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of BuildManager. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of BuildManager shall be null and void. These Terms of Service shall be governed by the laws of NSW, Australia. These Terms of Service comprise the entire agreement between you and BuildManager with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).