BUNKII TERMS OF Service
Last updated: 05/18/2018
Welcome! This is an agreement (“Terms”) between you and NIYE LLC. By using the Bunkii mobile application or any of our products or services (collectively, “Services”), you agree to these Terms. If you do not accept these terms, do not use the Services.
1) Services. If you under the age of 18, you may only use the Services only with the involvement of a parent or guardian. Bunkii is not a provider of rental, housing, hosting, hotel, or real estate services. When you enter into an agreement with another user, you are entering into a contract directly with that user. Bunkii is not a party to any contractual relationship between users.
2) License. Bunkii grants you a limited, non-exclusive, non-transferable license to use the Services for non-commercial purposes in accordance with these Terms. Bunkii reserves all rights not expressly granted by these Terms.
3) Your privacy is very important to us. Please review our
5) Prohibited Activities. You warrant that you will not use the Services for any purpose that is prohibited by these Terms. You may not engage in any of the following prohibited activities:
- Using the Services for any unlawful purpose, including but not limited to violations of the Fair Housing Act;
- Unauthorized use of a credit card or any other form of payment;
- Using the Services to violate the terms of a contractual relationship or to interfere with a contractual relationship between third parties;
- Copying, modifying, distributing, or disclosing any part of the Services, whether manually or by automated means, without prior written consent;
- Accessing the Services through any means other than those provided by or authorized by Bunkii;
- Using any automated system, including but not limited to “bots,” “spiders,” and “offline readers,” to access the Services;
- Transmitting spam, chain letters, or other unsolicited messages;
- Commercial solicitation;
- Attempting to interfere with, compromise the system integrity or security, or decrypt any transmissions to or from the servers accessed by the Services;
- Uploading, distributing, or linking to viruses, worms, or other malicious software through the Services;
- Uploading, distributing, or linking to content that contains or promote sexually explicit material, nudity, graphic violence, threats, animal cruelty, suicide, or self-harm;
- Using the Services to engage in harassment or expressions of hatred towards a person or a group, including but not limited to harassment or expressions of hatred on the basis of race, ethnicity, gender, sexual orientation, religious affiliation, or disability;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting identity fraud;
- Interfering with the proper functioning of the Service;
- Bypassing measures intended by Bunkii to restrict access to the Services;
- Using the Services in any way that prevents other users from fully enjoying the Services; and
- Any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately load on the Services.
6) Copyright Infringement. Bunkii reserves the right to remove any user-provided content at our sole discretion, including but not limited to reasons of alleged copyright infringement. If you believe content infringes your copyright, please contact us at:
P.O. BOX 1065
TEANECK, NJ 07666
7) Account. You are entirely responsible for maintaining the confidentiality of your login credentials. Furthermore, you are entirely responsible for any activity that occurs under your account. You agree to notify Bunkii immediately of any unauthorized use of your account or any other breach of security.
8) Qualifications. The Services are made available to students, incoming students, and alumni of qualifying institutions determined by and at the sole discretion of Bunkii.
9) Third Party Services. The Services may link to or otherwise provide access to or use of third party services. Bunkii does not guarantee that third party services will be free of material you may find objectionable or otherwise. Bunkii disclaims any responsibility or liability related to your access to or use of any third party service.
10) Modification of Terms. Bunkii reserves the right to modify these Terms without notice. The modified Terms will be effective as of the time of posting or other such date as may be specified in the modified Terms. Your use of the Services after the effective date of the modified Terms constitutes your agreement to the modified Terms.
11) Termination. Bunkii may terminate or suspend your access to or ability to use the Services, without prior notice, for any reason, including breach of these Terms. These Terms will survive the termination or suspension of your access to or ability to use the Services.
12) Indemnification. You agree to defend, indemnify and hold harmless Bunkii, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, including but not limited to intellectual property infringement.
13) Disclaimers. The Services are provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, Bunkii disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
14) Limitation of Liability. To the fullest extent permitted by applicable law in no event shall Bunkii be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
15) Disputes. Any dispute arising out of or related to these terms will be resolved by final and binding arbitration according to the rules of the American Arbitration Association. Arbitration will be conducted by a single arbitrator in English in BERGEN COUNTY, NEW JERSEY.
16) Choice of Law. These Terms shall be governed and construed in accordance with the laws of the State of New Jersey.
17) Venue. If for any reason, any matter arising out of these Terms is brought in court, the parties consent to the exclusive jurisdiction and venue of the courts located in Bergen and Essex Counties in New Jersey and waive any objection to service of process under the laws of the State of New Jersey.
18) Class Actions. All dispute resolution will be conducted on an individual basis and not in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims, unless agreed to by Bunkii.
19) Severability. If any part of these Terms is declared invalid or unenforceable in any jurisdiction, the Terms will continue to be valid and enforceable in every other jurisdiction and the remainder will continue to be valid and enforceable in that jurisdiction.
20) Entire Agreement. These Terms represent the entire understanding between you and Bunkii and superseded any prior communications or agreements that may exist.