If you are 21 or older, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access BB in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from BB, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
You agree we may moderate BB access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
To the extent permitted by law, (1) we make no promise as to BB, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and BB is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your BB use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“BB ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) BB ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your BB use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Los Angeles, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against BB Entities; (6) (except government agencies) to indemnify BB Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your BB use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
Users complying with prior written licenses may access BB thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.
Here is a partial list of goods, services, and content prohibited on Budbay:
- any good, service, or content that violates the law or legal rights of others
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- spam; miscategorized, overposted, cross-posted, or nonlocal content
- postings or email the primary purpose of which is to drive traffic to a website
- weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
- ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
- US military items not demilitarized in accord with Defense Department policy
- child pornography; bestiality; offers or solicitation of illegal prostitution
- pet sales (re-homing with small adoption fee ok), animal parts, stud service
- food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
- hazardous materials, recall items; body parts/fluids; unsanitized bedding/clothing
- stolen property, property with serial number removed/altered, burglary tools, etc
- ID cards, licenses, police insignia, government documents, birth certificates, etc
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
- lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
Please don’t use BB for these purposes, and report anyone else you see doing so.
You must also be a legal Medical Marijuana Patient, as defined by the laws of your state, or a medical or recreational user, depending on each individual user’s state legislation.
BB does not get involved in any transactions between users. Your access and use of BB is at your own risk.
Effective date: January 5, 2013 (last updated February 16, 2020)