BUMBAM is available for individuals who have attained the age of majority in their jurisdiction unless otherwise specified. If You are a minor as per the law in Your jurisdiction, You may only access the Website/ Application and avail the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS ESPECIALLY MINOR THEREFORE VIEWER'S DISCRETION IS ADVISED. ALSO, PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. WE SHALL NOT BE RESPONSIBLE FOR ANY INSTANCE WHERE A MINOR USES THE APP/WEBSITE USING THE ACCOUNT OF THEIR GUARDIAN.
USE OF CONTENT
The content on BUMBAM and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by BUMBAM and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Website/ Application content/ services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, archive, upload, download, publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile, disassemble, reverse engineer or exploit for any purposes the content or any portion of Website/ Application, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by BUMBAM. In addition, You are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by BUMBAM. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, Geo-filtering and/or encryption) associated with the Content. You hereby agree that all intellectual property rights, title and interest in the user-generated content published or generated on Website/ Application by You shall vest with BUMBAM.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall BUMBAM or entities associated, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website/App.
You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use BUMBAM and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. BUMBAM may, at its sole discretion, make bug fixes, updates for the installed Application. In the event BUMBAM has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. BUMBAM shall not be responsible or liable to You in the event You are unable to access BUMBAM or view the Content on BUMBAM due to Your failure to upgrade Your Device.
You understand changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
User agrees that neither BUMBAM, its directors, entities associated including employees, contractual third parties shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the services or resulting from any information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if BUMBAM has been advised of the possibility of such damages.
User further agrees that BUMBAM shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. We shall not be liable to provide any service due to any situation which is beyond our control or any force majeure conditions like change in the government policies, rules or regulations, natural calamities, riot, strike, epidemic, Act of God etc.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall BUMBAM’ total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to BUMBAM, if any, that is related to the cause of action.
The User unilaterally agree to indemnify and hold harmless, without objection, the BUMBAM from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Site/App or their breach of the terms.
To register for the BUMBAM Website/ Application, You shall be required to open an account by completing the registration process by providing us with your current, complete and accurate information as prompted by the applicable registration form; You shall also choose a password and a user name. BUMBAM reserves the right to suspend or terminate Your registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As a Registered User, You shall be responsible for safeguarding Your password and for all transactions undertaken using Your Username and password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences, i.e., above the age of majority, is not accessed by children. Hence, you may not share your log in credentials with your children. It is Your sole responsibility to change Your password immediately if You believe that Your password has been compromised. BUMBAM will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password in any circumstances. You expressly agree to absolve BUMBAM and/or the BUMBAM Website/ Application of any responsibility/ liability in this regard. We reserve the right to refuse service to anyone for any reason at any time.
To be able to view certain premium content ("Premium Content"), you will be required to subscribe to any one subscription plan ("Plan") on BUMBAM Website/ Application. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, you will be required to subscribe to Subscription Packages made available by BUMBAM from time to time. The subscription to Subscription Packages may be subject to additional terms specified by BUMBAM. We reserve the right to change the subscription rate/package/amount from time to time at our own discretion. BUMBAM reserves the right to modify or discontinue Website/ Application at its sole discretion with or without notice to You. BUMBAM shall not be liable to You or any third party in any manner, should BUMBAM exercise its right to modify or discontinue Website/ Application. Further, BUMBAM reserves the right, at any time, with or without notice and without any liability to change, terminate or otherwise amend the Subscription Plans, Subscription Fees for the Subscription, billing Cycle and any part of Bumbam Services at its sole discretion and at any time. We do not guarantee any stability of the subscription plan in case of any change in the business structure. Such amendments shall be effective upon posting on the site/app and your continued use of the services shall be deemed to be your acceptance of such amendments Further, BUMBAM reserves the right to change, supplement, alter or remove packaging and introduce base and add on packages and/or offer content on individual basis that is subject to subscription as it deems fit. Bumbam does not guarantee the availability of a specific content or minimum amount of content that is subject to subscription fees.
We do not accept any direct payment. Payment is received only through any third-party payment gateway. Your subscription is activated only after you come back to our website from the website of the payment gateway after completing the payment. Thereafter the subscription gets activated automatically. As we directly do not take any payments, we do not generate any invoice in regards to the payment done. The payment gateway team provides an invoice to the registered mail id of the customer if your payment is successful. In case the customer provides an incorrect mail id the invoice is not sent. We are not liable in regards the same.
In between this entire process if due to any problem in the server or in case you exit the page of the payment browser or due to any other reason your payment is made but subscription has not been received you are requested to contact our technical team or support team. You are also requested not to pay once again and wait for a while. Our team will solve your problem within 5-7 working days. (excluding natural calamities, war, political aggression, internal disturbance or emergency of any kind). Our website also does not provide for any service of automatic payment for the purpose of monthly subscription. Hence any payment made by you shall be construed for the purpose of availing subscription. It is also to be mentioned here that only a single subscription can be received from an account.
Additionally, BUMBAM shall have the right, but not the obligation, to refrain from providing to You any Content in the interest of national security or in the event of emergency/ war or similar situation or if the Content is anti-national, promotes political/ religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or BUMBAM otherwise determine that it is objectionable or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of BUMBAM’s subscribers or the general public.
To use the Bumbam service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties, and BUMBAM does not control such third party website(s) and hence is not responsible for any transactions on such website(s). BUMBAM will not be liable for any credit card or debit card or net banking or cash card fraud, and BUMBAM will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. BUMBAM shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card or debit card or net banking account or cash card or via any other mode available. Further, BUMBAM will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.
BILLING AND ACCOUNT INFORMATION
By subscribing to BUMBAM, you are expressly agreeing that BUMBAM is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of BUMBAM’s Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by BUMBAM ("Payment Method") that you have provided. The Payment Methods will differ from platform to platform (operating systems). The length of the Biling cycle will depend on the type of Subscription that you choose when you sign up for services. The Subscription Fee will be billed at the beginning of Your Subscription membership and on each subsequent renewal (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. In the event you desire to discontinue your subscription, you may contact us at firstname.lastname@example.org in order to obtain assistance in this regard. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make payment via a Payment Method provided by BUMBAM for accessing and browsing BUMBAM. If You wish to avail BUMBAM after the expiry of the initial term of Subscribed Packages, You shall prior to the expiry of such term, recharge Your account with the then prevailing subscription charges. The Subscription or any information with respect to same is not transferable to any new or existing account under any circumstances. However, Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period. You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
RESTRICTIONS & PROHIBITED USES
You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the Content of BUMBAM. You shall only use BUMBAM on Device(s) that is under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of BUMBAM, either directly or via any facility management, time-sharing, service bureau or any other arrangement. If You transfer possession of any copy of BUMBAM to another party, Your subscription of BUMBAM shall automatically get terminated and further actions shall be taken against you as prescribed in law and legal remedies available. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device(s), program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of BUMBAM or any Content, or in any way reproduce or circumvent the navigational structure or presentation of BUMBAM or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through BUMBAM. We reserve the right to bar any such activity. You shall not probe, scan or test the vulnerability of BUMBAM website or any network connected to BUMBAM nor breach the security or authentication measures on BUMBAM or any network connected to BUMBAM. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to BUMBAM to its source. You also agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of BUMBAM or any systems or networks connected to BUMBAM. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through BUMBAM, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on You acknowledge and agree that BUMBAM is not responsible or liable for: 1. the availability or accuracy of such websites or resources; or 2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BUMBAM of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from Your use of any such websites or resources. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on BUMBAM and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of BUMBAM, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using BUMBAM, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on BUMBAM. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: i. for any unlawful purpose; ii. to solicit others to perform or participate in any unlawful acts; iii. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
You acknowledge and agree that certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We shall also not be liable to inform our users in the event there is a transfer of ownership.
The relationship between BUMBAM and You is on a principal-to-principal basis. You are in no way BUMBAM’s legal representative, partner or agent for any reason whatsoever.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between You and BUMBAM and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and BUMBAM (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable laws, in no event will Bumbam or any of its affiliates or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use (or the use of anyone using an account registered to you) of the site(s)/app(s) or any parts thereof. you understand and agree that Bumbam does not commit to a minimum uptime and is not in anyway liable to indemnify/ compensate/ refund you for any loss/ harm/ damage caused thereby.
Bumbam Website(s)/App(s) enables streaming of content only through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. Bumbam shall endeavour but not be committed and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) with all your devices. In the event of failure of the same, you can contact the customer support and Bumbam shall use its best possible efforts to extend such compatibility. However, in no event shall you hold Bumbam liable for the same.
You agree to indemnify and hold harmless Bumbam and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person's intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your wilful misconduct or the wilful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). BUMBAM reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BUMBAM in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENTS
BUMBAM respects the intellectual property rights of others. Upon proper notice, BUMBAM will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, BUMBAM shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an “Infringement Notification”) that contains all the following information:
identification of the copyrighted work claimed to have been infringed;
identification of the claimed infringing material and information reasonably sufficient to permit BUMBAM to locate the material on the Site(s)/ App(s);
information reasonably sufficient to permit BUMBAM to contact you, such as an address, telephone number, and, if available, an e-mail address.
By submitting an Infringement Notification, you acknowledge and agree that BUMBAM may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your physical Signature.
GOVERNING LAW AND JURISDICTION
The relationship between you and Bumbam shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that –
Bumbam has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum and;
Any proceeding brought by you shall be exclusively before the Courts in West Bengal & India
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Bumbam to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
The Company and its employees, managers, directors or any person authorised by this company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Viewer in any manner whatsoever, in relation to his or her use of our services.
The Company, shall be under no liability whatsoever to the Viewers, in respect of any loss, damage suffered by the Viewer arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Viewer at any stage of the Activity whether or not caused by (1) the Viewer’s any Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Viewer; or circumstances beyond the Company’s reasonable control.
The Viewer agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Viewer and arising as a result of his/her participation in the Activity, if selected.
Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise while receiving the Gratification if is intimated to Viewer for this Activity.
The Viewer hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or
due to any representations, misrepresentations or concealment of material facts by the Viewer.
PLEASE NOTE: IF YOU STILL PROCEED TO ACCESS THE APP(S) AND SHARE THE PERSONAL INFORMATION WITH BUMBAM, YOU SOLELY SHALL BE RESPONSIBLE FOR ANY KIND OF LEGAL OR OTHER ACTIONS THAT SHALL TAKE PLACE AND BUMBAM SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS IN ANY MANNER WHATSOEVER.