PRIVACY POLICY FOR BUNIBOX

3E Development, LLC (“3E”) is committed to protecting your privacy and safety rights while using Bunibox.

Parties

3E is the developer and maker of Bunibox kiosks and software application (“Bunibox”). The company (“Company”) that is providing access to the Bunibox is the owner of the information collected by this Bunibox. You, as a user of this Bunibox, are the end user (“End User”).

What is Covered

This policy covers how 3E treats personal information that 3E collects and receives, including information related to the End User’s past use of the Bunibox, application/software, and any services available on Bunibox. Personal information is defined as information about the End User that is personally identifiable, such as the End User’s name, zipcode, e-mail address, or other contact information, and that is not otherwise publicly available.

This policy does not apply to the practices implemented by Company.

This policy does not apply to the practices of companies that 3E does not own or control (such as Apple, Inc., the Apple iTunes Store, or Facebook) or to people that 3E does not employ or manage.

This policy does not apply to nonpersonal information—data in a form that does not permit direct association with any specific individual. 3E may collect, use, transfer, and disclose nonpersonal information for any lawful purpose. However, 3E does not own any of the information transmitted by Bunibox. The information received by Bunibox is owned by Company.

Ownership and Use of Images Generated by Bunibox

Any images taken by Bunibox shall be used only for purposes related to the Company’s business, or as deemed appropriate by Company.

All images taken by the Bunibox are the sole property of Company and not the property of the End User. This provision extends to any image taken inadvertently, such as a reluctant group photo or pictures taken by Bunibox while intoxicated.

Images taken by Bunibox may be used, printed, copied, scanned, e-mailed, posted, shared, distributed, and/or otherwise circulated in any manner or using any medium or media without the express, written approval of the End User by the Company. This includes posting of images on web sites, social media, in newspapers or mailings, via e-mail, or otherwise, and includes the sharing of images within the Company. To the extent that any of the information contained in any images includes individually identifiable information which is subject to state or federal privacy laws then such image must be protected in the same manner as printed or electronically stored data subject to such law or act.

Information Collection and Use

3E collects personal information for use of Company each time End User interacts with Bunibox, whenever End User logs in using personal identification information (including but not limited to associated applications/software), and when the End User enters Company promotions or special offer codes associated with Bunibox. In addition, 3E may collection personal information from End User’s social media accounts (e.g. Twitter, Facebook Instagram, etc.).

When End User logs in to Bunibox using their personal identification information, 3E gathers the information, such as: the End User’s name, E-mail address, phone number, company name, and other similar contact information. Once the End User logs in to the Bunibox and uses 3E services, the End Users are not anonymous to 3E. The information provided by End User is stored by 3E, and accessible to Company. 3E does not own the information provided by End Users of Bunibox. Company is the sole owner of the information and may use the information for whatever purpose Company deems proper.

3E collects information about End User transactions with Bunibox and with some of 3E business partners and affiliates, including information about the use of the services that are being offered by Bunibox.

3E may automatically receive and record information on server logs from Bunibox and 3E applications associated with Bunibox, including the IP address and the pages requested.

To provide location-based services on the Bunibox, 3E may collect and use precise location data, including the real-time geographic location of the Bunibox. If the End User opts in to 3E’s location services, this location data is collected by 3E and is used by 3E to provide and improve location based products and services which 3E offers. Company also has access to the location information and may utilize the information in whatever manner Company deems proper.

3E uses information for the following general purposes: to customize our Bunibox and Bunibox software, to improve the stability of the Bunibox, to fulfill End User requests for products and services, to fulfill Company requests for products and services, to improve 3E services and customer relations, to have information available to Company for Company to contact the End User, and to conduct research in order to improve 3E services.

Minors

By interacting with Bunibox, End Users represent and warrant that End Users are the age of the majority and are legally able to agree to having their pictures taken and used by the Company. Any End User contemplating using Bunibox may refuse to utilize Bunibox for those not legally able to agree to the terms of use and privacy policies under applicable state laws.

Persons under the age of 17 may not use Bunibox. 3E will not knowingly contact persons under the age of 17 for marketing purposes without a parent’s permission. If 3E learns that 3E has collected the personal information of a child under 17, 3E will take steps to delete the information as soon as possible. These policies may not be the policies of the Company.

3E does not knowingly ask persons for more personal information, as a condition of participation, than is reasonably necessary to use a given product or service.

Disclosures and Information Sharing

3E does not sell, rent, or share personal information about End Users with other people or nonaffiliated companies except to provide services that the Company has requested, when 3E has End User permission, and under the following circumstances:

1. As per the this Agreement, 3E will provide all of the information provided to this Bunibox by the End User to the Company;

2. Company will utilize the information acquired from Bunibox for any and all marketing purposes that Company sees fit;

3. 3E will provide the information to trusted partners, licensees and affiliates, as well as participating applications, websites, and entities who work on behalf of or with 3E. These companies may use the End User’s personal information to help 3E work with Company to communicate with the End User about offers from Company and Company marketing partners, licensees and affiliates. However, these companies do not have any independent right to share this information;

4. 3E will provide the information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or to defend against legal claims;

5. 3E will provide the information if 3E believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of 3E’s Terms of Use, or as otherwise required by law;

6. 3E will transfer information about the End User to 3E’s successors and assigns if 3E is acquired by or merged with another company, or if 3E sells all or substantially all of its assets to another company, or if a controlling interest in 3E is transferred or sold to another company. In this event, 3E will notify Company before more information about End User is transferred and becomes subject to a different privacy policy.

7. 3E will transfer information about the End User to 3E’s successors and assigns if the Bunibox hardware and/or software division is sold to another entity.

Confidentiality and Security

3E limits access to personal information about the End User to agents or employees who 3E believes reasonably need to come into contact with that information to provide products or services to Company or in order to do their jobs.

3E has physical, electronic and procedural safeguards to protect personal information about the End User.

The End User information is password-protected. Company has access to the password and information protected by the password.

In certain areas, 3E uses industry-standard SSL-encryption to protect sensitive data transmissions.

3E encourages Company to use SSH and SCP (secure Telnet and FTP) programs in order to better safeguard the End User’s personal information.

Providers of mobile tablet hardware (such as Apple iPad), mobile telephone hardware (such as Apple iPhone), software (such as Apple iOS), and networks (such as Sprint, Clear, AT&T and Verizon) take precautions—including administrative, technical, and physical measures—to safeguard End User personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. 3E is not responsible for any disclosure or “leak” of End User personal and nonpersonal information should any of these measures fail to work for any reason.

For California Users

The California Civil Code requires a business with whom a California resident has an established business relationship to disclose to such residents, upon their request: (1) the types of personal information the business shares with third parties for the third party’s marketing purposes, and (2) the identities of the third parties with whom the business has shared this information during the immediately preceding calendar year.

If you are a California resident, and would like to make such a request, please submit your request via Email to Company and 3E. You may contact 3E at the information below. For the Company’s e-mail address, please make the request at the location where the Bunibox was used by the End User.

Changes to this Privacy Policy

3E may update this policy.

3E will notify Company and End User about significant changes in the way 3E treats personal information by placing a prominent notice on the Bunibox, by announcing the changes within this Privacy Policy of the Bunibox, by a notice sent to Company or End User via e-mail, or via the Bunibox Facebook page.

Questions and Suggestions

If End User has questions or suggestions, please contact us at info@threeedev.com.

Updated 10/10/2018

TERMS OF USE

BUNIBOX

1. End User’s Acknowledgment and Acceptance of Terms

Through utilizing services provided by 3E Development, LLC (referred to as “3E”)  the person or entity that purchased or leased the Bunibox kiosk and subscribed to the Bunibox software service or the person or entity that only subscribed to the Bunixbox software service, where applicable (referred to as “Company”) provides the Bunibox and various related services (together referred to as this “Bunibox”) subject to your (“End User”) compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between 3E and the End User (or the End User’s company). In addition, when using Bunibox, End Users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

As used in these Terms of Use, references to 3E’s “Affiliates” include 3E owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Bunibox and/or its contents except Company and its affiliates.

“Provider Group” means 3E, 3E’s Affiliates, and Company.

BY PROVIDING THE END USER INFORMATION AND/OR USING THE BUNIBOX, THE END USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF THE END USER DOES NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE STOP USING THE BUNIBOX NOW. THE END USER’S REMEDY FOR DISSATISFACTION WITH THE BUNIBOX, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE BUNIBOX, IS TO STOP USING THE BUNIBOX AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. THE END USER’S AGREEMENT WITH THE PROVIDER GROUP REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF THE END USER’S USE OF THE BUNIBOX.

These Terms of Use are effective as of September 1, 2016. Provider Group reserves the right to change these Terms of Use from time to time without notice to the End User. The End User acknowledge and agrees that it is the End User’s responsibility to review the Bunibox Terms of Use periodically and to be aware of any modifications. The End User’s continued use of the Bunibox after such modifications will constitute the End User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. A copy of these Terms of Use may be found at www.bunibox.com/termsofuse.pdf.

1. Description of Services

3E offers and makes various services available to Company, which Company provides through the Bunibox, including, but not limited to, picture capturing, picture manipulation, and picture retrieval. Fees for the various services are set out by the agreements made between 3E and the Company. The Company is solely responsible for providing, at its own expense, all equipment and pay-for services necessary to use the Bunibox; including the Company’s own internet access (including payment of telephone service fees associated with such access).

3E reserves the sole right to either modify or discontinue the applications and software necessary to utilize the Bunibox, including any features therein, at any time with or without notice to the End User. 3E shall not be liable to the End User, Company, or any third-party should 3E exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of additional fee-based services, or changes to user interface. Any new features that augment or enhance the then-current services for the Bunibox shall also be subject to these Terms of Use.

The End User understands and agrees that temporary interruptions of the services available through the Bunibox may occur as normal events. The End User further understands and agrees that 3E and Company have no control over third party networks the End User may access in the course of the use of the Bunibox, and therefore, delays and disruption of other network transmissions are completely beyond 3E’s control.

The End User understands and agrees that the services available on the Bunibox are provided “AS IS” and that 3E assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information, pictures, or any other content of End User or End User’s settings.

1. Consideration and End User Information

In consideration for using the Bunibox, the End User will be required to provide his or her e-mail address and/or phone number able to receive (mms and sms) text messages (“End User Information”), and the Bunibox will deliver the End User’s picture(s) to one or more of End User’s properly working communication devices capable of receiving photographs by e-mail or sms/mms text messages through the End User Information. Service fees and data rates of End User’s service providers may apply.  In exchange for the End User providing the End User Information, Company is granted the rights provided in Section 8, which End User may unsubscribe or opt out of at a later time.

  Company and 3E may also use the End User information for research and development regarding the use of the Bunibox and making improvements to the Bunibox.

The information 3E obtained through the End User’s use of the Bunibox, including the End User’s Registration Data, is subject to the Bunibox Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

3E may collect and use precise location data of End User, including the real-time geographic location of the Bunibox. End User agrees to opt into 3E’s location services.

1. Conduct Using Bunibox

The End User’s use of the Bunibox is subject to all applicable laws and regulations, and the End User is solely responsible for the pictures taken through the Bunibox. By taking pictures in or otherwise using any Bunibox service, software, or otherwise interacting with a service that may be available to the End User by Bunibox, the End User agrees that the End User will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, images, data, or other information — that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), contains explicit or graphic images of sexual acts (including but not limited to sexual acts of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

1. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or

1. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Provider Group neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Bunibox, including End Users. 3E generally does not pre-screen, monitor, or edit the content taken by End Users of Bunibox services. However, Provider Group, jointly and severally, have the right at their sole discretion to remove any content that, in Provider Group’s judgment, does not comply with these Terms of Use and any other rules of user conduct for the Bunibox, or is otherwise harmful, objectionable, or inaccurate. Provider Group is not responsible for any failure or delay in removing such content. The End User hereby consents to such removal and waives any claim against Provider Group arising out of such removal of content. See “Use of End User Materials” below for a description of the procedures to be followed in the event that any party believes that content taken by the Bunibox infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, the End User may not use the Bunibox to breach security of another account or attempt to gain unauthorized access to another network or server. Not all user interface with the Bunibox may be available to the End User or other authorized users of the Bunibox. The End User shall not interfere with anyone else’s use and enjoyment of the Bunibox or other similar services. End Users who violate systems or network security may incur criminal or civil liability.

End Users agree that 3E may at any time, and at 3E’s sole discretion, terminate End User’s access to the Bunibox without prior notice to the End User for violating any of the above provisions. In addition, the End User acknowledges that 3E will cooperate fully with investigations of violations of systems or network security at particular Buniboxes, including cooperating with law enforcement authorities in investigating suspected criminal violations.

1. Third Party Interaction and Information

The Bunibox may link the End User to sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Provider Group’s control, and the End User acknowledges that Provider Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Provider Group responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Provider Group, or any warranty of any kind, either express or implied.

1. Sharing Photographs

Notwithstanding any of the foregoing provisions, the End User agrees and understands that the photographs taken by, and the information provided to, Bunibox belong to the Company. The End User may share the photograph taken by Bunibox on any social media, messaging, or other method as the End User sees fit. The End User cannot claim a superior right in ownership of the pictures taken by Bunibox to that of the Company. The information provided by the End User to this Bunibox is the sole property of the Provider Group, subject to any agreements between Company and 3E. 

3E does not claim an ownership interest in the pictures uploaded by this Bunibox. However, 3E does claim a right to lockout parties from accessing the pictures or to delete any pictures for any reason, including those reasons stated in any of the above provisions or the Privacy Statement, such as, but not limited to: not paying for the subscription service, the content of the picture being illegal, or the picture becomes corrupted on the servers of 3E.

1. Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or heard by End Users through the Bunibox. This includes, but is in

no way limited to, the photographs, photo-manipulation, and other original content.

By accepting these Terms of Use, the End User acknowledges and agrees that all content presented to the End User on the Bunibox is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Provider Group, as Provider Group has allocated such rights. The End User is only permitted to use the content as expressly authorized by Provider Group. Except for copies made for personal use only, the End User may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Bunibox in any form or by any means without prior written permission from 3E or the specific content provider, and the End User is solely responsible for obtaining permission before reusing any copyrighted material that is available through the Bunibox. Any unauthorized use of the materials produced by the Bunibox may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither 3E or 3E’s Affiliates warrant or represent that the End User’s use of materials displayed on, or obtained through, the Bunibox will not infringe the rights of third parties. See “Use of End User Materials” below for a description of the procedures to be followed in the event that any party believes that content created by the Bunibox infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of 3E or its Affiliates: “Bunibox.” All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of 3E or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of 3E or its Affiliates.

1. Use of End User’s Materials

Subject to our Privacy Policy, any communication or material that the End User, including End User Information and End User’s pictures, transmits on this Bunibox, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While the End User retains all rights in such communications or material indicated in these Terms of Use, the End User grants Provider Group designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used, subject to any other agreements between Company and 3E. This include Company using End User Information and pictures for promoting Company’s brand to the world and for promoting Company’s goods and services to End User

Please do not submit confidential or proprietary information through the Bunibox. 3E is also unable to accept unsolicited ideas or proposals, so please do not submit them to 3E in any circumstance.

Provider Group respects the intellectual property of others, and asks the End User to do the same. If the End User or any user of this Bunibox believes its copyright, trademark or other property rights have been infringed by a picture from this Bunibox, the End User or the any user should send notification to 3E immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit 3E to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit 3E to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), 3E can be reached as indicated below. Service of repeat infringers of copyright or of End Users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

3E Development

7312 Louetta, B118 #421, Spring Tx 77379

281-661-3624

info@threeedev.com

The End User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Provider Group may immediately remove the identified materials from the Bunibox without liability to the End User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

1. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS BUNIBOX ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER GROUP MAKES NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET THE END USER’S REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BUNIBOX OR SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY THE END USER FROM THE BUNIBOX FROM PROVIDER GROUP OR ANY OF PROVIDER GROUP’S RESPECTIVE AFFILIATES WILL MEET THE END USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS BUNIBOX COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PROVIDER GROUP MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS BUNIBOX, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS BUNIBOX MAY BE OUT OF DATE, AND PROVIDER GROUP MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE BUNIBOX OR THE SERVICES OF ANY MATERIALS THROUGH THIS BUNIBOX IS DONE AT THE END USER’S OWN DISCRETION AND RISK AND WITH THE END USER’S AGREEMENT THAT THE END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE END USER THAT RESULTS FROM SUCH ACTIVITIES.

Through the End User’s use of the Bunibox, the End User may have the opportunities to engage in commercial transactions with other parties and vendors. The End User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and the End User. PROVIDER GROUP MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS BUNIBOX, AND THE END USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT THE END USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS BUNIBOX FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY PROVIDER GROUP OR ANY OTHER OF OUR AFFILIATES.

Content available through this Bunibox often represents the opinions and judgments of an information provider, user, or other person or entity not connected with 3E Development, LLC. 3E does not endorse, nor is 3E responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized 3E Development, LLC spokesperson speaking in his/her official capacity.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE END USER.

1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER GROUP OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO THE END USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS BUNIBOX OR OF ANY BUNIBOX REFERENCED TO FROM THIS BUNIBOX.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, 3E SHALL NOT BE LIABLE IN ANY WAY FOR COMPANY’S OR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS BUNIBOX OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS BUNIBOX, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS BUNIBOX WAS PURCHASED IN FULL, OR IN PART, AND A SUBSCRIPTION FOR BUNIBOX SERVICES IS BEING PAID, BY THE COMPANY THAT OFFERED BUNIBOX SERVICES TO THE END USER, INCLUDING SERVICES THAT 3E OFFERS TO COMPANY. 3E IS NOT LIABLE FOR ANY DISPUTE, DAMAGE, CLAIM, OR NEGATIVE IMPACT INVOLVING THE COMPANY’S USE OF THE BUNIBOX IF COMPANY IS NOT 3E. 3E IS NOT TO BE HELD AS A PARTY TO ANY DISPUTE BETWEEN THE COMPANY THAT OFFERED THE BUNIBOX SERVICES TO THE END USER AND THE END USER IF THE COMPANY THAT OFFERED THE BUNIBOX SERVICES TO THE END USER IS NOT 3E.

1. Indemnification and Release

UPON A REQUEST BY 3E, THE END USER AGREES TO DEFEND, INDEMNIFY, RELEASE, AND HOLD 3E AND IT AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM THE END USER’S USE OR MISUSE OF THIS BUNIBOX. 3E RESERVES THE RIGHT, AT 3E’S OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE END USER, IN WHICH EVENT THE END USER WILL COOPERATE WITH 3E IN ASSERTING ANY AVAILABLE DEFENSES.

THE END USER AGREES TO RELEASE AND HOLD 3E AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM THE END USER’S USE OR MISUSE OF THIS BUNIBOX INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES TO PERSONAL PROPERTY OR BODILY INJURY OF THE END USER.

1. Participation in Promotions

From time to time, this Bunibox may include advertisements offered by third parties. The End User may enter into correspondence with or participate in promotions of the advertisers showing their products on this Bunibox. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the End User and the advertiser. 3E assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

1. Messaging Services

Bunibox may make communication services available to End Users, either directly or through a third-party provider.

3E will not inspect or disclose the contents of messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

Bunibox uses the information provided by the End User and supplies the information to the Company. 3E will store the information for Company – not for End User. The company that purchased the Bunibox and the requisite subscription service will be able to do what the company wants with regards to the information provided to this particular Bunibox. Messages from parties that are not 3E, or parties owned in whole or in part by 3E, are not filtered, reviewed, known, edited, or read by 3E. 3E assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. The messages sent by Bunibox may not be perfect, and 3E will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Messaging applications may have a limited storage capacity. If the End User exceeds the maximum permitted storage space, Bunibox messages may not reach the devices that the End User attempts to send the pictures to. 3E will not be responsible for such unsendable or blocked messages.

1. Use of Bunibox and Storage of Material

The End User acknowledges that 3E may establish general practices and limits concerning use of the services available on the Bunibox, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the like. The End User agrees that 3E has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Bunibox.

The End User acknowledges that 3E reserves the right to close accounts from the Company that have not paid the subscription fee, which may result in deletion of all of the End User’s Information, End User’s pictures, and other information or material provided by End User. The End User further acknowledges that 3E reserves the right to change these general practices and limits at any time, in 3E’s sole discretion, with or without notice.

3E provides storage space and access for material through a site associated with Bunibox. For purposes of these Terms of Use, “material” refers to all forms of communication that 3E may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. The End User will not have access to use this site, as it exists for the sole benefit of Provider Group. 3E may, at its sole discretion, remove the images hosted on the servers and terminate the web-hosting service. 3E may also suspend the account, restrict access to it, or remove content from it, if necessary or appropriate.

1. Export Controls

Pictures available on or through this Bunibox are subject to United States Export Controls. No pictures from this Bunibox may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the pictures, the End User represents and warrants that the End User is not located in, under the control of, or a national or resident of any such country or on any such list.

1. International Use

Although this Bunibox may be accessible anywhere in the world, 3E makes no representation that materials are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Bunibox from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Bunibox is void where prohibited.

1. Termination of Use

The End User agrees that 3E may, in 3E’s sole discretion, terminate or suspend the End User’s access to all or part of Bunibox with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating the End User’s relationship and may be referred to appropriate law enforcement authorities.

Provider Group shall not be liable to the End User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 5–11, 14, and 18–22 of these Terms of Use shall survive any termination

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1. Governing Law

The Bunibox is a product by 3E from the principal offices within the State of Texas, United States of America. As each place where the Bunibox may be placed has laws that may differ from those of Texas, by using this Bunibox both Provider Group and the End User agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Bunibox and the purchase of products and services available through this Bunibox. Each party agrees and hereby submits to the exclusive personal jurisdiction and venue of the city of Houston, county of Harris and state of Texas.

1. Arbitration Clause

For any dispute the End User, or any party, has with Provider Group, the End User, or any party, agrees to first contact Provider Group and attempt to resolve the dispute informally. If Provider Group has not been able to resolve the dispute with the End User, or any party, informally, Provider Group and the End User, or any party, each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Terms of Use by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

The arbitration will be conducted at the headquarters of 3E in Harris County, Texas or other location in Harris County, Texas agreed to by the parties.

Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. To the fullest extent allowable, if complaint is being filed by End User, End User shall pay for any and all fees of 3E relating to the arbitration.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless 3E agrees otherwise, the arbitrator may not consolidate more than one person’s claims.

The End User, or any party, agrees that, by entering into these terms, the End User, or any party, and Provider Group are each waiving the right to a trial by jury or to participate in a class action.

1. Notices

All notices to Provider Group shall be in writing and shall be made either via e-mail or conventional mail. Notices to Provider Group must be sent to the attention of Customer Service at info@threeedev.com, if by e-mail, or at 3E Development, LLC, 7312 Louetta, B118 #421, Spring TX 77379, if by conventional mail. Notices to the End User may be sent either to the e-mail address supplied for the End User for access to the Bunibox. In addition, 3E may broadcast notices or messages through the Bunibox to inform the End User of changes to the Bunibox or other matters of importance, and such broadcasts shall constitute notice to the End User.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed e-mail; or (5) as soon as posted within the Bunibox.

1. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between Provider Group concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by the End User and Provider Group. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

1. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by the End User against Provider Group or their respective Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

The End User may not assign their rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. Provider Group may be free to assign Provider Group’s rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, Provider Group shall be excused from liability for non-delivery or delay in delivery of products and services available through the Bunibox arising from any event beyond Provider Group’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Provider Group’s reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by Provider Group to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

1. Contact Information

Except as explicitly noted on this Bunibox, the services available through this Bunibox are offered by Company through services provided by 3E, located at the address in the Notice provision. 3E’s telephone number is 281-661-3624. If the End User is a Texas resident, the End User may have this same information e-mailed by sending a letter to the foregoing address with the End User’s e-mail address and a request for this information. If the End User notices that any other End User is violating these Terms of Use, please contact Provider Group under information in the Notice provision.

Updated: October 10, 2018