termsOfService | The Builder Bunker

JM Custom Builds LLC Terms of Service

Last Updated: November 9, 2023

This Terms of Service agreement (this “Agreement” or “Terms of Service”) outlines the relationship between you (“you”, “your”) and JM Custom Builds LLC (“The Builder Bunker”, “we”, “us”, “our”) regarding your use of our Service (as defined below). We work with various third party service providers, including FrontRow, a Wyoming corporation (“Service Providers”). These Service Providers are considered part of “we” “us” and “our” and when you grant us the right to do something under this Agreement, by extension, you are granting the right to our Service Providers. You and The Builder Bunker may be individually referred to as a “Party” and collectively as the “Parties”. In order to connect with our audience, we have created an online community (“Community”) to have discussions, share content, courses, ideas, and merchandise (collectively the “Service” or our “Service”). People and entities can gain access to our Community through a Paid Service (as defined below) (“Members”) or connect in other ways with our Community. Members and others who access our Community or use our Service, shall be collectively referred to as “Users”.

This Agreement applies to both Members and other Users. If you are an entity and not a natural person, the person who registers the Account (as defined below) or uses our Service must have the authority to bind the entity. In the case of an entity, the term “you” means both the entity and every person who is authorized to access the Account.

If you create an account with us (“Account”), view videos, download our software (“Software”), visit our websites or use our Service in any way, you accept these Terms of Service. If you do not want to agree to these Terms of Service, then do not use our Service. This Agreement includes our Privacy Policy (/privacy) and our other policies published on https://app.johnmalecki.com/privacy (“Policies”). Review our Privacy Policy (/privacy) to learn what information we collect from you and how that information is used.

We reserve the right to update these Terms of Service at any time. If we update these Terms of Service, we will post the revised version on our website—https://app.johnmalecki.com/terms. By continuing to use our Service or our Software, you accept any revised Terms of Service.

Description of Service. The Builder Bunker is Private Media Company.
Plans. The features available to you may change from time to time, depending on your Plan and the features you pay to use (“Plan”). We may offer free Plans (“Public”) and paid Plans (“Paid”) that allow you to share, upload and view Content. If you have a Paid Service (as defined below), we will provide the essential features in your Plan. If you have a Paid Plan, you may be required to enter into additional agreements defining the scope and cost of your Plan, as well as your rights and obligations.
Fees: You must remain current on any and all fees (the “Fees”) during the term of your Plan (the “Term”), including any renewal periods. To the extent permitted by applicable law, Plans automatically renew at the end of each Term unless canceled beforehand. Our Fees may include any fees the Parties agree to, as set forth in our agreements or other interactions. We may adjust Fees from time to time. We will attempt to notify you in advance of any such Fee changes prior to your next billing cycle. If you do not wish to accept a Fee change, you may cancel your Plan as set forth herein.

All fees charged by us are exclusive of all taxes levies, or duties imposed by taxing authorities (“Tax Obligations”), and you shall be responsible for payment of all such, excluding taxes based on our income. Unless the Parties otherwise agree, payment for all Fees shall be due within 30 days of the billing date. You authorize your credit card issuer, bank or payment service to pay any amounts described and associated with your Plan and Account and authorize us (or our billing agent) to continue charging all amounts to your credit card account, bank account or payments service account until you or we terminate your Plan and Account or these amounts are paid in full, whichever is later. Unless otherwise agreed by the Parties, all amounts will be paid in U.S. Dollars. We reserve the right to levy a charge of 1.5% monthly, or the highest rate allowed by law, with any late payments or unpaid Fees.

Paid Services. If you, as a Member or other User, have a Paid Plan to use the Service, you agree to pay all associated Fees when you sign up. For a Paid Service, you will be required to select a payment plan and instrument for payment. For Paid Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement. If you terminate your Paid Service, we will not refund any payment for your unused Paid Service. If we terminate your Paid Service for violation of the terms of this Agreement or our other Policies, we will not refund any amount paid for unused Premium Service.
Apps and Other Software. As part of the Service, we may offer applications for devices (“Apps”) directly or through third-party stores. Your use of the Apps is covered by these Terms of Service. If you download an App through a third party, you also may be subject to complying with their terms of service. We may update the Apps from time to time to correct any problems or add features. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps.

If you would like to use an App, for best results, make sure you are using the most recent version of the App. We make no warranties or representations regarding compatibility of the most recent version of the App with your device. We make no guarantee that you will be able to use the most recent version of the App on your device.

Age. You must be at least 18 years of age or the age of majority in the state or country where you live, whichever is greater, to create or participate in a Community. Pursuant to the Children’s Online Privacy Protection Act, if you are under the age of 13, you cannot fill out any personally identifiable information on our Service without parental consent. We do not knowingly collect personal information from children that are 13 or younger. If a parent or guardian allows a child that does not comply with these requirements to use their Account, that parent or guardian is responsible for monitoring and supervising the child’s use of the Service. You are responsible for the child’s actions while using the Service. If a child is using your Account without permission, please contact us immediately so we can disable access.
Restricted Users. Access and use of our Service is not an absolute right. You are prohibited from using the Service if doing so violates any applicable laws. Additionally, you may not use the Service if you are, or belong to, a terror network, have been designated as a Specially Designated National (as defined by the U.S. Treasury’s Office of Foreign Assets Control), are subject to sanctions from other non-U.S. governments that would require we block your videos in some countries in which we provide service, or are disqualified in any other way from legally using our Service.
Creating an Account: When you create an Account, you must provide an email address. By creating an Account, you agree to receive notices from us at that email address. You must keep your email address valid and current so we can contact you. When you create an account, we will treat your information according to our Privacy Policy (/privacy). When you join our Community, we will have access to your name and contact information. You are responsible for maintaining the confidentiality of your Account password. You are responsible for all activity that occurs under your Account, including unauthorized activity. If you are a Member that has contracted for a Paid Service, you may not allow others to use your Account. Certain content and services we offer may only be available in certain countries. You agree that you will not present false, inaccurate or misleading information in an effort to misrepresent your country of residence and will not attempt to circumvent any restrictions on access or availability.

You may not lease, rent, or sell your Plan, Profile, or Account. We may suspend or terminate Accounts that are in violation of the restrictions set forth in this Agreement.

Account Profile. By creating a profile on your Account (“Profile”), you understand and agree that we may use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your Account Profile for the purpose of displaying to other Users. You may revoke this permission by deleting your Account. We shall have the right to identify public Profiles in our marketing and investor materials.
Termination. You may close your Account at any time by going to your account settings and disabling your Account. We may terminate your Account if you violate our Code of Conduct (as defined below), Privacy Policy (/privacy), other Policies, or for any other reason. We may suspend your use of the Service at any time for any reason, without any notice. Closing an Account or ending a Plan will not end your financial obligations, nor will closing or ending your Account entitle you to a refund. Your financial obligations end when your contractual obligations with us end.
Content. Our Service may allow Members and other Users to upload content to our Service. This content includes but is not limited to videos, polls, audio files, courses, chats, photographs, works of art, and merchandise (“Content”). You are responsible for any and all Content you decide to upload to our Service. The level of Content you are permitted to upload and share will depend on your Plan and Plan features. We have the ability to create, name and customize our Community. Members and other Users have the ability to communicate and post on our Community. You may at any time, adjust your privacy settings. We will limit distribution of your Content pursuant to your selection. When you submit your Content to us without limiting access, you grant us permission to share it with our Community.
License to Us and Others. By using the Service, you grant us a worldwide, non-exclusive, royalty-free sublicensable and transferable license to use your Content in connection with providing the Service. You also grant each User a worldwide, non-exclusive, royalty-free license to access your Content including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). This license does not grant any rights or permissions for a Member to make use of your Content independent of the Service. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree that we may retain copies of your videos that have been removed or deleted.
Right to Use. In connection with your use of the Service, you grant and will grant us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right to move your Content to another Community or platform.

We may preserve your Content and may also disclose your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any your Content violates the rights of third parties; or (d) protect our rights, property, or personal safety or those of our Users and the public. The technical processing and transmission of your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.

Code of Conduct. You are responsible for your conduct while using the Service. Below we have provided an non-exhaustive list of inappropriate conduct that could lead to expulsion from the Service (“Code of Conduct”). In posting your Content, you agree that your Content will follow our Code of Conduct. You accept responsibility if your Content violates the intellectual property or personal rights of others and you agree to pay all fees, and any other monies owed to any person or entity used in your Content, including any royalties. We may remove or suspend any content that violates our Code of Conduct. We reserve the right to determine whether to continue allowing access or discontinue access to the Service at any time and for any reasoning, including a violation of this Code of Conduct. Accordingly, you may not do, attempt to do, or assist others in doing any of the following actions:

Abuse, harass or threaten other Users;
Access another’s Users Account except as permitted herein;
Attempt in any way to bypass, descramble, deactivate, circumvent or damage any technological measures we have implemented to protect the Content and Service.
Collect User Data (as defined in the Privacy Policy (/privacy)) without their express authorization;
Depicts act of extreme violence including: self-harm, suicide, unlawful violence, sexual violence or animal cruelty;
Distribute spam in any form;
Engage in unlawful activity;
Exploit, harm or endanger minors;
Harass or stalk Users;
Impersonate any person or organization;
Infringe any third party’s copyrights or other rights;
Use an offensive screen name or avatar (e.g., containing explicit language or nudity);
Use or export our Service in violation of any U.S. law;

Infringement Policy. The Builder Bunker does not permit activities on our Service that infringe on copyright or trademarks. We will remove an offending party’s content if properly notified of the infringement by those whose rights are being infringed. We reserve the right in our sole and absolute discretion, to terminate an Account for suspected copyright or trademark infringement or for repeat infringers. All notices or communications regarding infringement must be sent to:

Designated Agent:

JM Custom Builds LLC

P.O. Box 991, Gibsonia PA

admin@johnmalecki.com

a. Copyrights. If you believe content of a User, Member or Creator using our Service has infringed your copyright, notify us in writing pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). An effective notice must:

be signed (physical or electronic) by the copyright owner or authorized representative;
identify the copyrighted claimed to have been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;
identify the material claimed to be infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that The Builder Bunker can find it (such as the item’s URL);
provide sufficient information where we may contact you (address, telephone number, or email);
a statement that the information you provide in your notice is accurate, and that under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed; and
provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by The Builder Bunker.

If a notice meets the requirements set forth above, we will notify the alleged infringer that you have claimed ownership of the rights in and to the content and that we have complied with your takedown notice for the content. We will not give notice or take action if a notice does not meet the above requirements.

b. Trademark. If you believe or suspect that content posted or used by a Creator, Member or User of our Services has infringed your trademark rights, notify us. An effective notice must:

be signed (physical or electronic) by the trademark owner or authorized representative;
Identify the trademark(s) claimed to have been infringed, and, if registered with the United States Patent and Trademark Office or similar foreign entity, the registration number of the mark(s);
Identify the material claimed to be infringing and information sufficient about where the material is located (including which website) so that The Builder Bunker can find it (such as the item’s URL);
provide sufficient information where we may contact you (address, telephone number, or email);
a statement that the information you provide in your notice is accurate, and that under penalty of perjury, you are the trademark owner or are authorized to act on behalf of the trademark owner whose work is allegedly being infringed; and
provide a statement that you believe in good faith that use of the trademark in the manner complained of that the complaining party has a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted under United States and/or foreign trademark law.

c. Misrepresentations. Any person or company who knowingly misrepresents material facts in a notification or through the notification process (including counter notifications and responses) shall be liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright or trademark owner or such owner’s authorized representative or licensee, or by The Builder Bunker, who is injured by such misrepresentation, as the result of The Builder Bunker relying upon such misrepresentations in removing or ceasing to remove or disable access to it.

Creator Tools and Service Materials. We maintain all right, title, and interest in the Service, the Software, any related tools, its logos, trademarks, including any of our algorithms, audio files, buttons, badges, data, logos, text widgets, images, design, software, documentation, source code, graphics, photographs, video and, other files (collectively “Service Materials”). Unless agreed to by us in writing, you agree not to use, distribute, license, modify, reproduce, sell, reverse engineer, decompile, or otherwise use the Service Materials.
License to Use Service Materials. Subject to these Terms of Service, including our Code of Conduct, we grant you a limited, non-exclusive license to access and use the Service Materials and the Service. Creators and Members do not obtain any proprietary rights in or to the Service Material or Service by using the Service. Except as set forth in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
No Endorsement. Through your use of the Service, you will likely have access to third-party content and other interactions over which we have no control. We do not endorse, screen, or approve any materials made available to you within our Community, or through the conduct of Members, Users or other parties who participate in our Community or use the Service.
Rights and Obligations of Creators. In order to facilitate connection and discussion, when a Member joins a Community, we will have access to the Member’s Profile and contact information and may use that list of Members (“Member List”) for Community purposes. We agree to not sell our Member List to a third party, or use or disclose it for commercial purposes unrelated to the Community or the interest of Members who joined the Community.

Our communication with Members and the handling of their Content and Data must comply with these Terms of Service and all applicable laws and regulations.

Data Processing Addenda. This Agreement includes our Data Processing Addendum (/data-protection), which includes the California Privacy Notice (/ca-privacy), and the GDPR Privacy Notice (/gdpr-policy). By agreeing to use our Service, you agree to comply with these policies.
Integrations. You will have the option of integrating various online services like Facebook into your Account or Community (“Integrated Services”). To use these Integrated Services, we may ask you to register for or log into the Integrated Services’ websites or those of their providers. If you enable Integrated Services in your Account, you are giving us permission to share information and Content with these Integrated Services, including your login information and other Content or Data for use in connection with the Service and/or the Integrated Services.

Your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.

WAIVERS. ALL CONTENT, DATA AND INFORMATION AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED INCLUDING THE FOLLOWING: ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM YOUR USE OF THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE SERVICE CAN OR WILL BE CORRECTED.

WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE PROBLEMS CAUSED BY THIRD PARTIES, INCLUDING PROBLEMS CAUSED BY PAYMENT PROCESSORS, YOUR DEVICE, OR YOUR SOFTWARE. WE MAKE NO WARRANTIES FOR CONTENT, INCLUDING THE QUALITY AND ACCURACY OF THE CONTENT POSTED BY ANY USER, OR THIRD-PARTY OR THE CONDUCT OF OTHER PARTIES YOU ENCOUNTER ON THE SERVICE.

Limitation on Liability. YOUR PURCHASE AND USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BUILDER BUNKER AND ITS SERVICE PROVIDERS, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (“THE BUILDER BUNKER ENTITIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE BUILDER BUNKER ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

WITHOUT LIMITING THE FOREGOING, THE BUILDER BUNKER ENTITIES’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO THE BUILDER BUNKER IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Indemnification. To the extent permitted under applicable law and without waiving sovereign immunity, Customer shall indemnify, defend and hold harmless The Builder Bunker, and its Service Providers, affiliates, successors and assigns (and their respective officers, directors, employees, agents and representatives) (collectively, the “The Builder Bunker Indemnities”) from and against any and all claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including reasonable attorneys’ fees and expenses) and other liabilities (“Losses”) actually incurred by us in connection with a third party claim arising from or relating to any: (a) breach by User, (b) the negligent, or willful or reckless misconduct of User, (c) any use by User of the Service other than as set forth herein, (d) interruptions to the Service due to technical malfunction of User, or that User Data or User Content, or any use thereof, infringes the rights of, or has caused harm to, a third party.
Dispute Resolution. Arbitration is an alternative dispute resolution process that allows for resolution of disputes outside of a formal court setting. The Parties agree to resolve any and all disputes arising out of these Terms of Service by binding arbitration administered by the American Arbitration Association (AAA) and governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The Parties agree that an arbitrator’s award will be final and enforceable and it may not be overturned by any court. Dispute resolution proceedings will be conducted on an individual basis and not in a class or by representative action. By agreeing to this term, you are waiving the right to participate in a class action.

Notwithstanding the above, both Parties agree to use a reasonable, good faith effort to informally resolve any dispute for a period of 30 days before starting arbitration.

No Waiver. The waiver or failure of either Party to exercise any right provided in this Agreement shall not be deemed a waiver of any other right or remedy to which the Party may be entitled.
Severability. If any provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument.
Assignment. This Agreement may not be assigned by any of the Parties hereto without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Parties may assign, delegate or otherwise transfer any of its rights under this Agreement to a person or entity that acquires all or substantially all of the assets of the Party.
Further Cooperation. The Parties shall provide such information and shall execute and deliver such other and further documents, and shall otherwise cooperate with one another in such manner as either Party may reasonably request, to the end that the Parties may enjoy and receive the benefits each is expecting that arise out of this Agreement. Any Party may impose reasonable confidentiality obligations in respect of the provision of any information or documents pursuant to this provision.
Use Outside of the United States. We disclaim any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
Notices. As part of your use of the Service, you have provided an email address to us. You consent to receive communications from us by email, including all notices, disclosures, and other communications. You must keep your email address valid and current so we are able to contact you.
Governing Law. This Agreement is governed by the laws of PA, without regard to any conflict of law principles. You agree that any claims for which arbitration is inapplicable, must be brought in federal or state court in Wyoming and governed by laws of the state of Wyoming, without regard to any conflict of law provisions.
Force Majeure. A Party will not be liable to the other should its performance under this Agreement be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that the affected Party uses its best efforts to resume performance promptly at the end of the Force Majeure Event.
Amendment. No amendment or modification of this Agreement is valid unless in writing, signed by the Parties.
Entire Agreement. This Agreement, along with any other agreements you form with us, supersede all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service. This Agreement incorporates the Parties other contracts, and together constitute the entire agreement between the Parties and supersedes all understandings and agreements whether written or oral.

THE PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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