Acceptable Use Policy

Effective as of October 1, 2020

BGZ brands’ (company behind Kapsure) (“BGZ”) Acceptable Use Policy rules and guidelines (“AUP Guidelines”) cover and govern each individual end user’s (“you” or with “your”) use and access to BGZ’s services and apps (“Application”). BGZ’s Privacy Policy explains how or whether BGZ (“we” “our” and “us”) collects and uses your personally identifiable information. BY USING OUR APPLICATION, YOU’RE AGREEING TO USE THE APPLICATION IN ACCORDANCE WITH THESE AUP GUIDELINES, AND TO REVIEW BGZ’S PRIVACY POLICY. PLEASE ALSO NOTE THAT THESE AUP GUIDELINES AND THE PRIVACY POLICY ARE SUBJECT TO CHANGE. PLEASE REVIEW THE APPLICABLE CURRENT VERSION AT www.bgzbrands.com/privacy-policy/. IF YOU DO NOT AGREE TO BE BOUND BY THESE AUP GUIDELINES OR DISAGREE WITH THE PERSONALLY IDENTIFIABLE INFORMATION COLLECTION AND USE PRACTICES, YOU SHOULD AND MAY NOT ACCESS OR USE THE APPLICATION.

LICENSE GRANT

These AUP Guidelines provide to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Application conditioned upon your continued compliance with these AUP Guidelines. BGZ reserves all rights not granted in the AUP Guidelines.

YOUR CONTENT & YOUR PERMISSIONS

When you use our Application, you provide us with things like your files, content, messages, etc. (“Your Content”). You represent that you have all necessary right, power, and authority to use the Application and share Your Content and will comply with all applicable laws when doing so. You give us and third parties (with whom we work) permission to use, display, host, share, and back up Your Content. By submitting Your Content, you also permit us to identify you by your username and as the contributor of Your Content.

YOUR RESPONSIBILITIES

By using the Application, you agree to do so responsibly and to not misuse the Application or help anyone else do so. This includes, but is not limited to, not doing or trying to do any of the following in connection with the Application:

  • store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise objectionable content;
  • modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  • harm, harass, threaten, or impersonate any person or violate the rights of any third party;
  • probe, scan, or test the vulnerability of any system or network;
  • interfere with or disrupt the integrity or performance of the Application;
  • attempt to gain unauthorized access to the Application or its related systems or networks;
  • introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Application;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Application, or shared areas of the Application you haven’t been invited to;
  • access, search, or create accounts for the Application by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or Applications without appropriate authorization;
  • sell or re-sell the Application;
  • copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Application unless specifically authorized to do so;
  • remove or destroy any copyright notices or other proprietary markings contained on or in the Application; or
  • violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to BGZ in any way.

THIRD PARTY WEBSITES

The Application may contain links to third-party websites that are not under our control. We are not responsible for such third-party websites.

OUR PROPERTY

The Application is protected by copyright, trademark, and other US and foreign laws. These AUP Guidelines don’t grant you any right, title, or interest in the Application or others’ content in the Application. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

TERMINATION & RIGHT TO SUSPEND

You’re free to stop using our Application at any time. We also reserve the right to suspend or end the Application at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Application if you’re not complying with these AUP Guidelines, or using the Application in a manner that may cause us legal liability, disrupt the Application, disrupt others’ use of the Application or, in our sole opinion, reason, cause harm. All provisions of these AUP Guidelines, which by their nature should survive, will survive termination of the Application.

APPLICATION “AS IS”

BGZ MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE APPLICATION. THE APPLICATION IS PROVIDED “AS IS.” IN ADDITION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR ACCESSED FROM THE APPLICATION IS ACCESSED AT YOUR OWN RISK.

LIMITATION OF LIABILITY

YOU EXPRESSLY ABSOLVE AND RELEASE BGZ FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND BGZ’S CONTROL. YOU FURTHER AGREE THAT IN NO EVENT SHALL BGZ AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, OR ANY LOSS OF USE, DATA BUSINESS, OR PROFITS. THIS WILL BE REGARDLESS OF WHETHER OR NOT BGZ OR ANY OF ITS PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, BGZ WILL NOT BE LIABLE TO YOU FOR MORE THAN $50. YOU UNDERSTAND AND AGREE THAT BY USING THE APPLICATION, YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION RELATED TO USE OF THE APPLICATION OR BREACH OF THESE AUP GUIDELINES.

CONTROLLING LAW

These AUP Guidelines and your use of the Application will be interpreted, governed and construed by the laws of Utah law except for its conflicts of laws principles, unless required by a mandatory law of a competent jurisdiction.

ENTIRE AGREEMENT

These AUP Guidelines set forth terms governing your use of the Application and supersede and replace any other prior or contemporaneous agreements applicable to the subject matter of these AUP Guidelines. These AUP Guidelines create no third-party beneficiary rights. These AUP Guidelines shall inure to the benefit of BGZ and its respective legal representatives, successors, and assigns.

indemnification

You agree to indemnify, defend, and hold harmless BGZ Brands, its officers, directors, employees, agents, licensors and suppliers (collectively the ‘Service Providers’) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site/mobile app using your Internet account.

WAIVER, SEVERABILITY & ASSIGNMENT

BGZ’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these AUP Guidelines, and any such attempt will be void. BGZ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Application. If any provision of these AUP Guidelines is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these AUP Guidelines will remain in full force and effect.

MODIFICATIONS

We may revise these AUP Guidelines from time to time. If a revision meaningfully reduces your rights, we will provide notice to you (by, for example, sending a message to the email address associated with your account). By continuing to use or access the Application after the revisions come into effect, you agree to be bound by and subject to the revised AUP Guidelines.

NOTICES

For any notices relating to these AUP Guidelines, you may contact BGZ by contacting us here.