Terms of Service

Effective Date: May 15, 2009

Welcome to the BugCollect.com web site (the "Web Site", “We”). The following Terms of Service ("Terms") contain the terms and conditions that govern your use of the Web Site and the BugCollect.com Service (as defined below). BugCollect.com is an online service that enables your applications to report problems, crashes and incidents. Application developers may subscribe to our Service for a monthly fee. For this fee, users may download a provided software library and add it to their application, then distribute their application to their clients. The application can then report crashes and problems to BugCollect.com site, where the developer can log in and see these reports under their account. The Service is a consolidation and centralization of the application problem reports into a central all-time available location so that the developers may obtain needed information from one central in order to discover and review particular application problems relevant to their customer base.

These terms and conditions describe your rights and responsibilities and what you can expect from the BugCollect.com Service. Your use of the Web Site and any of the tools and services provided by this Web Site constitutes your express acceptance of these TERMS. Please read this document carefully before accessing or using the Web Site and any of the tools and services provided by this Web Site. For purposes of these Terms, “BugCollect.com” shall mean the Web Site, and BugCollect.com, LLC., and its officers, directors, shareholders and affiliates.

BugCollect.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TERMS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Web Site. You are therefore responsible for regularly reviewing these TERMS and each time you use any tool or service that is provided by this Web Site. In the event of substantive changes to these TERMS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the BugCollect.com Service. Your continued use of the Web Site or the tools and services provided by this Web Site following posting of a change notice or new TERMS on the BugCollect.com Web Site constitutes your express and binding acceptance of the changes.

1. The BugCollect.com Service in General and Claims of Copyright Infringement

Use of the tools and services are subject to our published Disclaimer which is incorporated by reference as if fully set forth herein. BugCollect.com shall not be liable or responsible in any manner for use of the BugCollect.com Web Site or the tools and services that we provide and you agree to hold BugCollect.com harmless and to indemnify BugCollect.com from any loss, damages, litigation, harm, fees, costs and attorney’s fees regarding any civil, regulatory or criminal matter arising from your use of this Web Site.

1.1 Claims of Copyright Infringement:

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: BugCollect.com.
Name of Agent Designated to Receive Notification of Claimed Infringement: MR REMUS RUSANU
E-Mail Address of Designated Agent: contact@BugCollect.com

To be effective, the notification must be a written communication that includes the following:

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

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

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, its agent, or the law; and

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 infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BugCollect.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

2. Use of the Web Site and BugCollect.com Service.

2.1 Compliance with TERMS and applicable law.

You must comply with all of the terms and conditions of these TERMS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the BugCollect.com Service and the Web Site as well as any posted rules or guidelines that we publish on the Web Site or send to you via e-mail, and any such posted rules and guidelines and or e-mail notifications are incorporated by reference as if fully set forth herein into these TERMS upon publication or issuance of the same.

2.2 Your License to Use the Web Site and the BugCollect.com Service.

(a) BugCollect.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the BugCollect.com Service and Web Site, except as expressly provided for in these TERMS. For example and without limitation, BugCollect.com owns the copyrights in and to the Web Site, and certain technology used in providing the BugCollect.com Service. You will not acquire any right, title or interest therein under these TERMS or otherwise except as set forth herein and any and all licenses or rights to our intellectual property shall be terminated forthwith by our posting of the same on our Web Site or via e-mail communication to you.
(b) BugCollect.com grants you a limited revocable non-transferable license to access and access the Web Site and the BugCollect.com Service for its intended purposes, subject to your compliance with these TERMS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by BugCollect.com; to compete with BugCollect.com; to use our content or any element of the content for a commercial use not expressly granted by BugCollect.com in writing; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TERMS, BugCollect.com may revoke the license granted to you and such revocation may be issued by sending an email to your last known email address or upon any publication of the same notice upon the Web Site, at our sole discretion.

3. Privacy/Communication.

3.1 Privacy Policy. By entering into these TERMS, you agree to BugCollect.com's collection, use and disclosure of your personal information in accordance with the BugCollect.com Privacy Policy available for viewing at www.BugCollect.com/privacy. You agree to review the Privacy Policy each time you visit the Web Site and or before you use any tool or service that this Web Site provides.
3.2 Electronic Communications. When you visit the Web Site or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available regarding any normal business communication that BugCollect.com deems appropriate to send to you. We will communicate with you electronically, by telephone or by facsimile, at our sole discretion. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing and that any use of a BugCollect.com tool or service subsequent to your receipt of any such agreement, notice, disclosure or other communication is your express execution and acceptance of each and every term, condition, and other element contained within the same.

4. Disclaimers and Exclusions.

4.1 DISCLAIMER OF WARRANTIES. BUGCOLLECT.COM PROVIDES THE WEB SITE AND SERVICE ON AN "AS IS", “WHERE IS,” AND "AS AVAILABLE" BASIS. BUGCOLLECT.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. BUGCOLLECT.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
4.2 EXCLUSION OF DAMAGES. BUGCOLLECT.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE BUGCOLLECT.COM SERVICE AND/OR THE WEB SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Specific Terms

  • 5.1 BugCollect.com makes no representation or warranty whatsoever, and expressly disclaims any and all representations and warranties of any kind concerning the accuracy, reliability, or suitability of the information contained or referenced in this Web Site or otherwise made available through this Web Site. It is the affirmative responsibility of the user of this Web Site to determine the accuracy, reliability, or suitability of the information contained or referenced in this Web Site or otherwise made available through this Web Site and via the tools and services that we provide.
  • 5.2 You are encouraged to consult other sources and confirm the information contained herein.
  • 5.3 All reports as uploaded and made available via our service may contain errata, be damages, lost, or otherwise unavailable for reasons outside of our control. Consequently, all users agree to hold BugCollect.com harmless from any losses regarding such happenstances.
  • 5.4 Some reports may contain material that users might consider to be objectionable, however, the reports, and the data contained within them, are available only to the user and not the general public. All users are therefore subjected to various information, links and material that might be generally objectionable, as such information is collected based in part upon the activities of the user’s clients. Accordingly, each user agrees to hold BugCollector.com harmless from any injuries regarding their viewing of objectionable material or content collected by our tools and services.
  • 5.5 The library we make available for application developers to allow their applications to upload the reports is owned by BugCollect.com and the user is granted only a limited license provided for the specific purpose of uploading reports to BugCollect.com.
  • 5.6 BugCollect.com takes reasonable steps to protect the privacy of reports however, each user must also responsible steps to protect the privacy of the reports that are submitted by their application(s). Users understand that all reasonable efforts taken by BugCollect.com to protect the privacy of reports are not 100% guaranteed to protect privacy and as such, users agree to hold BugCollect.com harmless from any losses regarding privacy issues outside of the control of BugCollect.com.
  • 5.7 BugCollect.com reserves the ability to block applications from submitting reports after the account subscription period has expired. Bug Collect.com also reserves the right to delete submitted reports if the subscriber account space quota or amount of space is exhausted. Developers using our service are responsible to ensure that their applications cease submitting any reports to us after they unsubscribe from our services. Accounts that have been unsubscribed or have been terminated due to failure to pay monthly service fees are subject to our remote termination of all services. Users may unsubscribe by hitting the “unsubscribe” button on our website.
  • 5.8 BugCollect.com allows users to set up a response to specific incidents and allow the application to react to these responses, e.g. display a dialog informing the user about a newer version of the application available that fixes the problem that user clients are experiencing. BugCollect.com is not responsible for any issues that may arise from the application receiving a corrupted response (or a correct, incomplete, partial, or inaccurate response) and any resulting reversible or irreversible injuries such as the deletion of end user data and all users agree to hold BugCollect.com harmless from any injuries arising from such happenstances.

6. Limitation of Liability.

IN NO EVENT WILL THE LIABILITY OF BUGCOLLECT.COM IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED $50.00. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7. Indemnification.

You agree to defend, indemnify and hold harmless BugCollect.com, its affiliates and directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Web Site and/or the Service.

8. Termination.

Termination. BugCollect.com may suspend or terminate your use of the Web Site or BugCollect.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TERMS or have failed to pay monthly service fees in a timely manner.

9. Notice.

All notices required or permitted to be given under these TERMS will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to BugCollect.com, you must use “Contact Us” portion of the Web Site. If BugCollect.com provides notice to you, BugCollect.com will use the contact information provided by you to BugCollect.com. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

10. Jurisdiction/Arbitration

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Washington, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Seattle, Washington J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the termsand conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

11. Miscellaneous

These TERMS will not be assignable or transferable by you without the prior written consent of BugCollect.com. These TERMS (including all of the policies and other Agreements described in this TERMS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TERMS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these TERMS will not affect the validity or enforceability of any other provision of these TERMS, all of which will remain in full force and effect.

12. Purchases of Service

12.1 Use of Credit Card.

If you wish to purchase a service, you will be asked to supply certain information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.

13. General Terms of Use

Site members and visitors may not

  • Violate the law of any jurisdiction while visiting our Web Site or using any tool or service that we provide.
  • Harass or Cyberstalk any user.
  • Conduct any activity that is harmful or detrimental to our business as solely determined by us.
  • Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
  • Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
  • Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
  • Falsely represent your professional or business credentials or professional background.

14. Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.

15. Automatic Viewing or Usage of this Web Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Web Site. You may not engage in denial of service attacks upon the servers that publish this Web Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Web Site.

16. Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

17. Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

18. Foreign Usage

We make no representation that the usage of this site, or the content, tools or services provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).