Terms

Last Updated: April 03, 2014

1. Accepting the terms

   This is an agreement between You and Bakfy (developed by Nativebeta). BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND BAKFY'S PRIVACY POLICY. If you choose to not agree with any of these terms, you may not use the Service.

2. Bakfy Service

   These Terms of Service apply to all users of the Bakfy Service. Information provided by our users through the Bakfy Service may contain links to third party websites that are not owned or controlled by Bakfy. Bakfy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Bakfy will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Bakfy shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Bakfy Access

   1. Subject to your compliance with these Terms of Service, Bakfy hereby grants you permission to use the Service, provided that:

      (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;

      (ii) You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Bakfy 's prior written authorization;

      (iii) You will not attempt to reverse engineer, alter or modify any part of the Service; and

      (iv) You will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

   2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Bakfy with your email Id and facebook profile (in case logging in with facebook). You are solely responsible for the content that you submit and that is displayed on your wall at Bakfy. You must notify Bakfy immediately of any breach of security or unauthorized use of your account. Although Bakfy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bakfy or others due to such unauthorized use.
   3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Bakfy servers in a given period of time than a human can reasonably produce in the same period by using a Bakfy application, and you are forbidden from ripping the content unless specifically allowed. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights

   The design of the Bakfy Service along with Bakfy created text, scripts, graphics, interactive features and the like, are owned by or licensed to Bakfy, subject to copyright and other intellectual property rights. The Service is provided to you AS IS for your information and personal use only. Bakfy reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

5. User Baks Submissions

   1. The Bakfy Service allows Bakfy users to submit Baks, comments, likes/dislikes, profile photos and other communications submitted by you. These Submissions may be hosted, shared, and/or published as part of the Bakfy Service, and will be visible to all others who are part of your college network.

   2. You shall be solely responsible for your own Baks/Comments Submissions and the consequences of posting or publishing them. Because Bakfy is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Bakfy, and Bakfy makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that:

      (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bakfy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and

      (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to Bakfy, you hereby grant Bakfy a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Bakfy Service and Bakfy 's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Bakfy Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Bakfy Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Bakfy Service.

   3. In connection with Status Submissions, you further agree that you will not:

      (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bakfy all of the license rights granted herein;

      (ii) publish falsehoods or misrepresentations that could damage Bakfy or any third party;

      (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

      (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

      (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or

      (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

   4. Adult content must be identified as such. Bakfy will remove the adult content which is accessible to non-adults, if notified by users or any external party. Since the content is user generated, Bakfy does not hold responsibility of any vulgar, obscene, racial, or ethnically offensive content. Bakfy does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Bakfy expressly disclaims any and all liability in connection with Status Submissions. Bakfy does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Bakfy will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights

   5. You understand that when using the Bakfy Service you will be exposed to Status Submissions from a variety of sources, and that Bakfy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Bakfy. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bakfy with respect thereto, and agree to indemnify and hold Bakfy, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Bakfy Service.

   6. Bakfy permits you to link to materials on the Service for personal purposes only. Bakfy reserves the right to discontinue any aspect of the Bakfy Service at any time.

6. Warranty Disclaimer

   YOU AGREE THAT YOUR USE OF THE BAKFY SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BAKFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BAKFY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

   (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

   (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,

   (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

   (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR

   (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BAKFY SERVICE. BAKFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WHATSAPP SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND BAKFY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Indemnity

   You agree to defend, indemnify and hold harmless Bakfy, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

   (i) your use of and access to the Bakfy Service;

   (ii) your violation of any term of these Terms of Service;

   (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

   (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Bakfy Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.

8. Ability to Accept Terms of Service

   You affirm that you are either at least 18 years of age as Bakfy is not intended for non-adults and capable (both mentally and physically) of using the application. You totally understand the risks associated with using Bakfy, as mentioned above and in no case would consider Bakfy responsible for any mental/physical/intellectual/or any other kind of personal or collateral damage.

9. General

   We strongly suggest students using Bakfy to not use it during classroom hours or in any way which may hamper your studies. However, neither Bakfy nor its users hold any responsibility regarding any kind of bad influence or any kind of unsound effect on a user. Also Bakfy agrees to use names of institutions for creating groups where users can interact. The use of any other kind of propriety material or information by Bakfy is liable for punishment. However, Bakfy does not hold any responsibility for the same being done by any user. All the user information is completely anonymous and Bakfy does not share user information with 3rd party under any influence, but Bakfy reserve the right to share the user information with 3rd party under critical circumstances and/or legal cases. Bakfy is a social platform to connect all students of a college and we hope the users find it useful. Also, Bakfy would take necessary steps to authenticate users and make sure that users of a particular group at Bakfy actually belong to that group. But Bakfy is not responsible for any dilution in this regards. Users are requested to report to Bakfy if they feel certain person doesn't belong to a particular college or institution.

   Bakfy reserves the right to modify the terms of service at any time. So we recommend the users to revisit the terms of service agreement to stay aware of the changes. It can be accessed at our website (www.bakfy.me). Your continued use of the Bakfy Service constitutes your agreement to this Terms of Service and any amendments.

Note: Bakfy Service includes all the Bakfy products viz. Site, Mobile App, or any other product which is rolled put under Bakfy