1. Basic Terms
You are responsible for your use of the Application, any Content, and for any consequences thereof.
You may use the Application only if you can form a binding contract with Educational Media Creations Company, LLC dba Silly Bus ("Silly Bus") and are not a person barred from purchasing and using the Application under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Application on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Application only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
3. Content, Copyright and Trademark
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content created using the Application and posted by you to third-party platforms, we cannot take responsibility for such Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. Under no circumstances will Silly Bus be liable in any way for any Content
The Application exists to enjoy fun, educational games and video content and to create silly photographs. We want the Application to be used for friendly and safe purposes. So, we don't allow the Application to be used in any of the ways detailed below.
Personal Attacks and Indecent Images. The Application should never be used to attack, threaten, stalk, or harass another person or to modify indecent images.
Intellectual Property Violation. You may not use the Application to infringe the intellectual property, including, without limitation, copyrights and trademarks, rights of others.
Unlawful Use. As you would expect, you cannot use the Application in any way that violates the law.
If you have any questions, concerns, or suggestions regarding these policies, please contact us at firstname.lastname@example.org.
All App Content is protected by copyright, and owned or controlled by Silly Bus or the provider of the App Content. You must abide by all additional copyright notices, information, or restrictions contained in any App Content.
The App Content made available on the Application is intended for your personal, noncommercial use. You may use the App Content solely for your personal, non-commercial use provided you do not remove any trademark, copyright or other notice contained in such App Content. Other than as expressly provided in these Terms, no other use is permitted.
4. Silly Bus Rights
The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Silly Bus name or any of the Silly Bus trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Silly Bus, or the Application is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5. Restrictions on Use of the Application
Please review our Content Policy (which is part of these Terms) to better understand what is prohibited on the Application. You will not reverse engineer, scrape, disassemble or otherwise attempt to discover or corrupt any portion of the Application's source code and/or object code.
6. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Silly Bus and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Silly Bus Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Application Is Provided "AS-IS"
Your access to and use of the Application is at your own risk. You understand and agree that the Application is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SILLY BUS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Silly Bus Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Application; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Application; (iii) the deletion of, or the failure to store or to transmit, any content by the Application; and (iv) whether the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Silly Bus Entities or through the Application, will create any warranty not expressly made herein.
The Application may contain links to third-party websites or resources. You acknowledge and agree that the Silly Bus Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 the Silly Bus Entities 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 risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SILLY BUS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APPLICATION; AND (iii) ANY CONTENT OBTAINED FROM THE APPLICATION.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SILLY BUS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SILLY BUS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. General Terms
Waiver and Severability
The failure of Silly Bus to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Commonwealth of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the City of Richmond, Virginia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time, the most current version will always be at http://www.sillybus.net/app.html. By continuing use the Application after those revisions become effective, you agree to be bound by the revised Terms.
Educational Media Creations Company, LLC dba Silly Bus provides this Application. If you have any questions about these Terms, please contact us at email@example.com.