Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Techtonixmedia, a wholly-owned subsidiary of Smarctek LLC (“Techtonixmedia,” “we,” or “us”), the operator of the BUMBUM service (“BUMBUM” or the “Service”).

By accessing BUMBUM, submitting a listing, or placing a bid, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not use BUMBUM.

You must be at least 18 years old and legally able to enter into contracts in your jurisdiction to use BUMBUM.

BUMBUM is a paid advertising placement service. It is not a lottery, sweepstakes, contest of chance, or gambling service. Rank on the BUMBUM leaderboard is determined deterministically by the cumulative dollar amount bid on each listing, from highest to lowest. There is no element of chance and no random selection.

Bids are payments for advertising placement. The consideration exchanged is the visibility of a listing at a rank on the public leaderboard for so long as that listing's cumulative bid total holds that rank. Bids are not wagers.

• You must be 18 or older.
• You must provide accurate contact and payment information. Chargebacks initiated with false or misleading information are a material breach of these Terms.
• You are responsible for all activity on any account, payment method, or bidder code you use to place bids or submit content.
• Residents of jurisdictions where use of BUMBUM would be unlawful may not use the Service.

Bidder codes. BUMBUM allows guest bidding without a full account. On your first successful bid we email you a bidder code — an 8-character alphanumeric key tied to your email address. The code functions as your credential for subsequent guest bids. Anyone with your email + code can place bids under your address, and those bids bind you as if you had placed them yourself. Do not share the code. If you believe the code has been compromised, request a resend from the bid modal to immediately invalidate the old code.

Placing a bid is a purchase of advertising placement. Bids are processed by Dodo Payments, which acts as the merchant of record for each transaction. This means Dodo is the seller of record, sets and collects any applicable sales tax or VAT at checkout, and appears on your card statement as Dodo × BUMBUM. Prices are quoted in United States Dollars; the final charge in your local currency is determined by Dodo at checkout.

Bids may target either a listing (a URL or @handle on the leaderboard) or a comment (a money-backed take posted inside a category). Both are governed by these Terms in the same way; both are final and non-refundable.

All bids are final and non-refundable. By confirming a bid, you acknowledge that (a) the advertising placement is fulfilled the moment the bid is recorded on the leaderboard; (b) rank is subject to change at any time as others bid; (c) no refund, credit, or reversal is available for any reason, including but not limited to a lower-than-expected rank duration, a subsequent outbid, dissatisfaction with click volume, or a change of mind. Testing-program activation fees and Verified Visitor subscription payments are similarly final and non-refundable.

Fraudulent charges, as determined by Dodo Payments or the card issuer, will be reversed and the corresponding bid removed from the leaderboard totals.

You agree that you will not initiate a chargeback, payment dispute, or reversal for any bid you placed and authorized. If you have a concern about a bid, you agree to contact us first at hello@techtonixmedia.com and attempt to resolve the matter directly.

An unauthorized chargeback is a breach of these Terms. In addition to our rights under Section 7 (Right to remove; enforcement), you agree to reimburse us for any card-network fees, processor fees, or costs we incur as a result of the chargeback, and we may permanently ban you from BUMBUM.

When you submit a listing, you represent that you have the right to list the URL or @handle and that the content complies with the Rules. You grant Techtonixmedia a worldwide, royalty-free, non-exclusive license to display, index, cache, and link to the listing on BUMBUM and in related promotional materials for as long as the listing is active.

We are an interactive computer service under 47 U.S.C. § 230. We do not create, endorse, or verify listing content. Listing owners are solely responsible for the content of their listings.

We may, at our sole discretion and at any time, refuse, delay, edit, recategorize, hide, or permanently remove any listing, bid, account, or related page — with or without notice — including where we determine that the Terms, the Rules, or the law may have been broken, where a rights holder complains, where information provided is incomplete or inaccurate, or where continued display creates legal, security, financial, or reputational risk to Techtonixmedia. Removed bids are non-refundable.

BUMBUM, the Techtonixmedia name, the BUMBUM name and mark, and all associated design and code are the property of Techtonixmedia or its parent Smarctek LLC, and are used by Techtonixmedia under license from Smarctek LLC where applicable.

To submit a copyright infringement notice under the Digital Millennium Copyright Act (17 U.S.C. § 512), email hello@techtonixmedia.com with subject line “DMCA Notice” and include the elements required by 17 U.S.C. § 512(c)(3).

BUMBUM is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Techtonixmedia disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, accuracy of the leaderboard, guaranteed click volume, or any expected rank duration. We do not guarantee any specific outcome from placing a bid.

Assumption of risk. BUMBUM is a real-time competitive marketplace. By placing any bid, you specifically acknowledge and assume the risks that: (a) another bidder may outbid you at any time, causing your listing or comment to drop in rank, potentially within seconds of your bid; (b) BUMBUM does not guarantee any click volume, conversion, view count, engagement, revenue, media attention, investor interest, or business outcome from a listing at any rank; (c) testing programs may attract zero applicants, and applicants may not deliver testing outcomes you expect; (d) the leaderboard is public and your bidding activity may attract commentary, criticism, or competitive counter-bidding; and (e) any capital, investors, or media watching the board are under no obligation to contact you, invest, or take any action based on your bid. You accept these risks as inherent to the Service.

To the fullest extent permitted by law, in no event shall Techtonixmedia, its affiliates, officers, employees, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of BUMBUM, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of BUMBUM exceed the greater of (a) the total amount you paid to BUMBUM in the ninety (90) days preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Force majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms when caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, epidemics or pandemics, war or armed conflict, government action, network or internet outages, third-party service failures (including but not limited to Dodo Payments, Supabase, Resend, or Vercel), power outages, or unauthorized cyber attacks. Bids remain final and non-refundable notwithstanding any force-majeure event.

Indemnification.You agree to defend, indemnify, and hold harmless Techtonixmedia and its affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of BUMBUM, (b) any listing, comment, or bid you post or place, (c) your violation of these Terms or the Rules, or (d) your violation of any right of a third party or any law.

Your own costs. If you initiate any claim, dispute, arbitration, or legal proceeding against Techtonixmedia, its affiliates, officers, employees, or agents arising out of or relating to these Terms, the Rules, the Privacy Policy, or your use of BUMBUM, you shall bear all of your ownattorneys' fees, court costs, filing fees, arbitration fees, expert-witness fees, travel expenses, and every other cost of the proceeding, regardless of outcome. You shall not seek recovery of these costs from us as part of any relief sought.

Prevailing-party attorneys' fees. If Techtonixmedia is the prevailing party in any proceeding you initiate against us — meaning your claim is dismissed, withdrawn, denied, or resolved in our favor by settlement, judgment, or arbitration award — you agree to reimburse Techtonixmedia for all reasonable attorneys' fees, arbitration or court costs, expert-witness fees, and other expenses we reasonably incurred in defending the proceeding.

Frivolous filings. If an arbitrator or court determines that a claim you brought was frivolous, brought in bad faith, brought for the purpose of harassment, or brought without a reasonable legal or factual basis, the arbitrator or court may (in addition to any other available sanctions) award Techtonixmedia its full attorneys' fees and costs, statutory damages, and any other appropriate relief.

Please read this section carefully. It affects your legal rights.

Informal dispute resolution required first. Before initiating any arbitration or legal proceeding against Techtonixmedia, you must first send a written Notice of Dispute to hello@techtonixmedia.com with that phrase as the subject line. The notice must include your name, the email address associated with your bids or account, a description of the claim, and the specific relief you are seeking. You agree to negotiate with us in good faith for at least sixty (60) days after we receive the notice before filing any arbitration demand, lawsuit, or other proceeding. Any statute of limitations or contractual time limit is tolled during this 60-day cure period. Failure to complete this informal step is grounds for the arbitrator or court to dismiss the proceeding.

You and Techtonixmedia agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Rules, the Privacy Policy, or your use of BUMBUM (a “Dispute”) that survives informal dispute resolution shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Connecticut, or by video conference if agreed upon by both parties. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Time limit for claims. Any Dispute must be filed (whether in arbitration, court, or otherwise) within one (1) year after the event or transaction giving rise to the Dispute, or it is permanently barred. This shortened limitations period applies to the fullest extent permitted by applicable law and survives termination of these Terms.

You and Techtonixmedia each waive the right to a trial by jury and the right to participate in a class action, class arbitration, representative action, or any consolidated proceeding of any kind. Disputes must be brought in your individual capacity only.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction in the State of Connecticut for infringement of intellectual property rights or to enforce this arbitration agreement.

Opt-out. You may opt out of this arbitration provision by sending written notice to hello@techtonixmedia.com with subject line “Arbitration Opt-Out” within thirty (30) days of the date you first accept these Terms. Your notice must include your name, email, and a clear statement that you wish to opt out.

These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. Subject to Section 12, the exclusive forum for any proceeding not subject to arbitration is the state and federal courts located in Hartford County, Connecticut, and you consent to personal jurisdiction and venue there.

We may suspend or terminate your access to BUMBUM at any time, with or without cause and with or without notice. Sections 4 through 16 survive termination.

We may update these Terms from time to time. Material changes will be reflected by the “Last updated” date at the top of this page. Continued use of BUMBUM after a change constitutes acceptance of the updated Terms. If you do not agree, stop using BUMBUM.

• Entire agreement. These Terms, together with the Rules and Privacy Policy incorporated by reference, constitute the entire agreement between you and Techtonixmedia regarding your use of BUMBUM and supersede all prior agreements, communications, or understandings on the same subject.
• Severability.If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable, preserving the parties' original intent.
• No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. No waiver is effective unless in writing and signed by an authorized representative of Techtonixmedia.
• No third-party beneficiaries. These Terms create rights and obligations only between you and Techtonixmedia. No third party has any right to enforce these Terms or claim any benefit from them.
• Assignment. You may not assign or transfer these Terms, or any rights under them, without our prior written consent. Any attempted assignment without such consent is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets, without notice to you.
• Notices. All notices to Techtonixmedia must be sent to hello@techtonixmedia.com and are effective upon receipt. Notices from us to you may be delivered to the email address on file for your account, or the email address you last used to place a bid or submit content, and are effective on the date sent.
• Headings. Section headings are for convenience only and do not affect interpretation.

Questions about these Terms: hello@techtonixmedia.com.