We never post on your behalf without your permission.

BudEase, LLC, a Massachusetts LLC (“BudEase”, or “we”), provides www.budease.co and related mobile application (the “Application”) that allows Members to connect with other Members and find destinations of activity interest and events within user proximity. By using the Application you agree to be bound by the Terms of Use (the “Terms of Use”). If you wish to become a Member, communicate with other Members and make use of the BudEase services (the “Service”).

The Terms of Use sets out the legally binding terms for your use of the Application. BudEase may modify the Terms of Use from time to time and such modification shall be effective upon posting an updated Terms of Use on the Application with or without any notice to you. You agree to be bound to any changes to the Terms of Use when you use the Application and Service after any such modification is posted. You are responsible for reviewing any applicable changes. Please read them carefully. The Terms of Use and the BudEase Privacy Policy, Incorporated herein by reference, govern your access to and use of the Application and Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY TAPPING THE “Sign up/Sign in/Get Started” BUTTON, BY ACCESSING OR USING THE APPLICATION OR SERVICES, OR BY POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APPLICATION, SERVICES OR BUDEASE CONTENT.

Basic Principles


Please read all of the Terms of Use carefully. Without limiting any term of the Terms of Use, the following are a few basic principles that apply to your use of the Application and Services:

You must be 18 years or older to use the Application and Services.
You are responsible for all content you post via the Application and Services (See additional terms regarding your “Member Content” below).
Contacting or interacting with other users on the Application is entirely your choice. If you wish to opt out of any interactions or enable any restrictions on your BudEase account, update your Privacy Settings and make the appropriate selections. If the available options do not meet your needs, your only recourse to further limit your interactions is to terminate your account by deleting the app from your device.
You may not use the Application or Services to abuse, harass, threaten, impersonate or intimidate anyone. If you become aware that a user is engaging in prohibited activity, please report such activity to team@budease.co
If your BudEase account is terminated for any reason, you may not create another BudEase account without our explicit prior written permission to do so.

The Service

The Service is designed to help you learn more about people, activities and events in your vicinity, by displaying events and places of interest around you and the profiles of other users on your mobile device. As a Member, defined below, you can use the Application and Service to (i) enter your activity interests to help find other Members in your geographic area with similar interests; (ii) receive notifications when a place of interest in your geographic area shares a discount or product; (iii) receive notifications when a Member or Members in your geographic area shares your interests via the Application; (iii) receive notifications for certain events in your geographic area, (iv) choose whether or not to share additional information with and communicate with other Members using various features of the Application; (v) create a Member profile that you can share with different Members, and (vi) discover other interests based on your interests and vicinity.

Please note that your public information as identified in your profile may be viewable by any Members who you share interests with and will be viewable by other Members in your geographic area for certain open events.

Eligibility and Access

In order to access certain features of the Application and Services, to post any Member Content (defined below), and to select your interests on the Application or through the Services, you must register to create a BudEase account (“Account”) and become a “Member”. Once you have provided your complete and accurate information, you will generate an account.

In order to use the Application and Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted during registration, and (b) maintain and promptly update your registration to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or Incomplete, or BudEase has reasonable grounds to suspect that such information is untrue, inaccurate, not current or Incomplete, BudEase has the right to suspend or terminate your account and refuse any and all current or future use of the Application and Service (or any portion thereof).

Account Registration

In order to access the Application, you must register to create an Account and become a Member. You may register to logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook) via the Application. If you decide to create an Account, we will extract certain publicly available personal information about you that you have provided to the SNS from the account you have with such SNS and use that information to create your Account. The specific information that we extract may depend on the privacy settings you have with the SNS. The manner in which SNS use, store, and disclose your information is governed solely by their policies; BudEase shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. BudEase is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available through your SNS authorization. As such, BudEase is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on SNS content. BudEase enables these features for your convenience and does not explicitly endorse or recommend any SNS or other third party websites. You hereby consent to our access to and collection of any and all such personal information about you when you register through such SNS. We will use, store, and disclose such information in accordance with our Privacy Policy.

Children’s Information

BudEase does not knowingly collect Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on this Service. If you have reason to believe that a child under the age of 18 has provided Personal Information to BudEase through our services, please contact us and we will endeavor to delete that information from our databases.

Ownership

The Application, Services and BudEase Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Use, BudEase, LLC and its licensors exclusively own All Right, title and interest in and to the Application, Services and BudEase Content, Including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices Incorporated in or accompanying the Application, Services or BudEase Content.

Member Content

BudEase does not claim any ownership rights in any such Member Content and nothing in the Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

However, by making available any Member Content through the Application and Services, you hereby grant to  BudEase a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such Member Content in any and all media or distribution methods (“License”). By way of example and not limitation BudEase may modify or adapt your Member Content in order to transmit, display or distribute such submissions over computer networks and in various media and/or make changes to your Member Content as are necessary to conform and adapt your Member Content to any requirements or limitations of any networks, devices, services or media. BudEase also has the right to make your Member Content available to other companies, organizations or individuals who partner with BudEase. Such uses by BudEase or other companies, organizations or individuals who partner with us may be made with no compensation to you with respect to your Member Content or otherwise. This License ends when you delete your Member Submission or your account unless your Member Submission has been shared with others, and they have not deleted it.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Application or Services or any material or information that you transmit to other Members. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Application or Services or you have All Rights, licenses, consents and releases that are necessary to grant to BudEase the rights in such Member Content, as contemplated under the Terms of Use; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BudEase’s use of the Member Content (or any portion thereof) on, through or by means of the Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand and agree that BudEase may review and delete any Member Content that in the sole judgment of BudEase violate the Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

General Prohibitions

You agree not to do any of the following while using the Application, Services or BudEase Content:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material (Including Member Content) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (Including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Bully, intimidate, or harass any Member.
  • Post content that: is hate speech, threatening, or pornographic; Incites violence; contains nudity or graphic or gratuitous violence, or contains Illicit drugs and drug paraphernalia content; or any other content that is illegal, promotes illegal activity or infringes on the legal rights of others; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Use the Service in a manner Inconsistent with any and all applicable laws and regulations.
  • Make automated use of the system, such as using scripts to add friends, is prohibited.
  • Attempt to impersonate another user or person who is not a user of BudEase.
  • Use the Account or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
  • Sell or otherwise transfer your profile.
  • Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Develop or operate a third-party application containing alcohol-related, dating or other mature content (Including advertisements) without appropriate age-based restrictions.
  • Use your Account to do anything unlawful, misleading, malicious, or discriminatory.
  • Do anything that could disable, overburden, or impair the proper working or appearance of BudEase, such as a denial of service attack or interference with page rendering or other BudEase functionality.
  • You will not facilitate or encourage any violations of the Terms of Use or other BudEase policies.
  • Access, tamper with, use or attempt to access, tamper, or use non-public areas of the Application or Services, BudEase’s computer systems, or the technical delivery systems of BudEase’s providers;
  • Send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a BudEase trademark, logo URL or product name without BudEase’s express written consent;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application, Services or BudEase Content;
  • Collect or store any personally identifiable information from the Application or Services from other users of the Application or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation;
  • Encourage or enable any other individual to do any of the foregoing.


BudEase will have the right to investigate and prosecute violations of any of the above, Including intellectual property rights infringement and Application and Services security issues, to the fullest extent of the law. BudEase may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that BudEase has no obligation to monitor your access to or use of the Application, Services or BudEase Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Application and Services, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BudEase reserves the right, at any time and without prior notice, to remove or disable access to any BudEase Content and any Member Content, that BudEase, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the Application or Services.

General Practices Regarding Use and Storage

You acknowledge that BudEase may establish general practices and usage limits on the Service. This may Include the length of time we store your data, as well as your maximum allotted storage space on our servers. You agree that BudEase is not responsible or liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that we may change these general practices and limits at any time without notice.

Interactions between Members

You are solely responsible for your interactions (Including any disputes) with other Members. You understand that BudEase does not in any way screen BudEase users or Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Application and Services and disclosing personal information to other Members. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet a BudEase user offline, or in person. Your use of the Application, Services, BudEase Content and any other content made available through the Application or Services is at your sole risk and discretion and BudEase hereby disclaims any and all liability to you or any third party relating thereto. BudEase reserves the right to contact BudEase users or Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in the Terms of Use. You will cooperate fully with BudEase to investigate any suspected unlawful, fraudulent or improper activity via the Services.

We recommend that if you choose to meet or exchange personal information with any user of BudEase then you should take it upon yourself to do a background check on said person.

In no event shall BudEase be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or Incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, Including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.

Links to Third Party Websites

The Application and Services may contain links to third-party websites or resources. You acknowledge and agree that BudEase is 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 BudEase 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.

Sweepstakes and Contests

BudEase may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Application and Services or other communication channels. You should carefully review the rules provided with the Promotions, for example the Official Rules, in which you participate through the Application and Service, as they may contain additional important information about BudEase rights to and ownership of the submissions you make as part of and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with the Terms of Use, the terms and conditions of such Official Rules will control.

Disclaimers

THE APPLICATION, SERVICES, BUDEASE CONTENT AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUDEASE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUDEASE MAKES NO WARRANTY THAT THE SITE, SERVICES, BUDEASE CONTENT OR MEMBER SUBMISSIONS 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 BUDEASE OR THROUGH THE APPLICATION, SERVICES, BUDEASE CONTENT OR MEMBER SUBMISSIONS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BudEase is not responsible for any Incorrect or inaccurate content posted on the Application or in connection with the Service provided, whether caused by users of the Application, Members, third-party content, or by any of the equipment or programming associated with or utilized in the Service. BudEase is not responsible for the conduct, whether online or offline, of any user of the Application or user of the Service. BudEase assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. BudEase is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Application or combination thereof, Including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application and/or in connection with the Service. Under no circumstances shall BudEase be responsible for any loss or damage, Including personal injury or death, resulting from use of the Application or the Service or from any Content posted on the Application or transmitted to Members, or any interactions between users of the Application, whether online or offline.

Indemnity

You agree to defend, indemnify, and hold BudEase, LLC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, Including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Member Content, your access to or use of the Application, Services or BudEase Content, or your violation of the Terms of Use or the Privacy Policy integrated by reference herein.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APPLICATION, SERVICES, BUDEASE CONTENT, AND MEMBER CONTENT AND ANY OTHER CONTENT THEREIN REMAINS WITH YOU. NEITHER BUDEASE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APPLICATION, SERVICES OR BUDEASE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUDEASE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BUDEASE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL BUDEASE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APPLICATION, OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUDEASE AND YOU. THIS LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS INTENDED ONLY FOR THOSE JURISDICTIONS WHERE PERMISSIBLE.

Accessing and Downloading the Application from the App Store

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

  • You acknowledge and agree that (i) these Terms of Use are concluded between you and BudEase only, and not Apple, and (ii) BudEase, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Use.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BudEase and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BudEase.
  • You and BudEase acknowledge that, as between BudEase and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, Including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and BudEase acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between BudEase and Apple, BudEase, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • You and BudEase acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  • Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
  • These Terms of Use constitute the entire and exclusive understanding and agreement between BudEase and you regarding the Application, Service, Member Content and Service Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between BudEase and you regarding the Application, Service, Member Content and Service Content.


Special Notice for International Use; Export Controls

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Controlling Law and Jurisdiction

The Terms of Use and any action related thereto will be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Terms of Use will be the state and federal courts located in Massachusetts, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

General

The failure of BudEase to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BudEase. Except as expressly set forth in the Terms of Use, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in full force and effect.

Contacting BudEase

If you have any questions about the Terms of Use, please contact BudEase at team@budease.co

TERMS OF USE