Last modified December 1, 2018
Thanks for using our products (“Products”) and services ("Services") (defined as anything offered on the market by Bodaty). The Products and Services are provided by Bodaty LLC ("Bodaty”), located in at 200 E. 5th Avenue, Suite #121DE, Naperville IL 60563, United States.
By using our Products and Services , you are agreeing to these terms. Please read them carefully.
Our Products and Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Products and Services, and those additional terms become part of your agreement with us if you use those Products and Services.
All of these terms and related privacy policies can be found at https://bodaty.com/privacy-policy-terms.html.
Bodaty may amend these Terms at any time by posting a revised version on Bodaty’s website or through its mobile phone applications.
You must follow any policies made available to you within the Products and Services.
Do not misuse our Products and Services. For example, do not interfere with our Products and Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Products and Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Products and Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Products and Services does not give you ownership of any intellectual property rights in our Products and Services or the content you access. You may not use content from our Products and Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Products and Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Products and Services.
Our Products and Services display some content that is not Bodaty’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Products and Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Products and Services are available on mobile devices. Do not use such Products and Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need a Bodaty Account or an account for the specific Product or Service in order to use some of our Products and Services. In some instances, some of our Products and Services may require you to create accounts for them specifically. In these instances, the same rules and guidelines as for your Bodaty’s account apply to them as well.
To protect your Bodaty Account, keep your password confidential if you set a password. You are responsible for the activity that happens on or through your Account. Try not to reuse your Bodaty Account or specific Product or Service password on third-party applications. If you learn of any unauthorized use of your password or Bodaty Account, report the issue to support@bodaty.com.
Bodaty’s privacy policies explain how we treat your personal data and protect your privacy when you use our Products and Services. By using our Products and Services, you agree that Bodaty can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can contact Bodaty at support@bodaty.com.
Some of our Products and Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send, or receive content to or through our Products and Services, you give Bodaty (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Products and Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Products and Services, and to develop new ones. This license continues even if you stop using our Products and Services (for example, for a business listing you have added to Samyata or deyaPay). Some Products and Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Products and Services, there are terms or settings that narrow the scope of our use of the content submitted in those Products and Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Products and Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Bodaty Account, we may display your Profile name, Profile photo, and actions you take on Bodaty or on third-party applications connected to your Bodaty Account (such as +1’s, reviews you write and comments you post) in our Products and Services, including displaying in ads and other commercial contexts.
You can find more information about how Bodaty uses and stores content in the privacy policy or additional terms for particular Products and Services. If you submit feedback or suggestions about our Products and Services, we may use your feedback or suggestions without obligation to you.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Products and Services may let you adjust your automatic update settings.
Bodaty gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Bodaty as part of the Products and Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products and Services as provided by Bodaty, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Products and Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Products and Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
We are constantly changing and improving our Products and Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Products and Services at any time, although we’ll be sorry to see you go. Bodaty may also stop providing Products and Services to you, or add or create new limits to our Products and Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Products and Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Products and Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BODATY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS AND SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PRODUCTS AND SERVICES, THE SPECIFIC FUNCTIONS OF THE PRODUCTS AND SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS AND SERVICES “AS IS”.
OME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, BODATY, AND BODATY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BODATY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PRODUCTS AND SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS AND SERVICES AGAIN).
IN ALL CASES, BODATY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Products and Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Bodaty and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Products and Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
We may modify these terms or any additional terms that apply to any Products and/or Services to, for example, reflect changes to the law or changes to our Products and Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on the company’s website (Bodaty.com). We’ll post notice of modified additional terms in the applicable Product or Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Product or Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Product or Service, you should discontinue your use of that Product or Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Bodaty and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Illinois, U.S.A., will apply to any disputes arising out of or relating to these terms or the Products and Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Chicago, Illinois, USA, and you and Bodaty consent to personal jurisdiction in those courts.
For information about how to contact Bodaty, please visit our contact page on our website https://www.bodaty.com
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