Terms of Service
These Terms of Service are effective on July 26, 2015.
These Terms of Service ("Terms") govern your access to and use of the Ububbl application and service, including but not limited to websites, products, web services, applications (mobile or other), APIs, push notifications, SMS, email notifications, elements, buttons, services, and widgets, (collectively, the "Service"), and any information, video clips or files, images, text, illustrations, written works, graphics, code, design, photographs, icons, links, elements or other materials uploaded, downloaded or appearing on the Service (collectively, the "User Content"). Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. However accessed, by accessing and using the Service you agree to be bound by these Terms. These Terms affect your legal rights and obligations, if you do not agree to be bound by these Terms do not access or use the Service. The Service is owned and controlled by Ububbl, Inc (“Ububbl”, “we”, “us”, or “our”).
We may change or modify these Terms at any time and in our sole discretion. If we change these Terms, the Service may provide notice of such changes, such as by sending a notification, posting a notice on the Service or updating the "Last Updated" date on these Terms. Your continued use of the Service confirms your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service. If you do not agree to these Terms or the amended Terms, you must stop using the Service and deactivate your account.
The Service may experience instances where an enhancement, modification, new or revised function or specific feature has its own terms and conditions that apply in addition to these Terms. In those instances, the terms specific to the enhancement, modification, new or revised function, or specific feature takes effect to the extent that there is a conflict with these Terms.
1. You must be at least thirteen (13) years old to use the Service. Any use or access by anyone under the age of thirteen (13) is prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Service and do not have more than one (1) account with the Service.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs or links or other content.
3. You are responsible for any activity that occurs through or within your account, for any User Content you post and/or re-post and/or share, and for any consequences thereof. The User Content you submit, post, or display may be viewed by other users of the Service and through third-party services and websites depending on your settings or changes to the Service. You should only provide User Content that you are comfortable sharing with others under these Terms.
4. You are responsible and accountable for your use of the Service, for any User Content you publish, provide, and for any consequences thereof, including the use of your User Content by other users, the Service’s third-party partners or Service Parties (defined in these Terms), or other third-parties. You understand that your User Content may be syndicated, broadcasted, distributed, or published by others and/or the Service Parties or the Service’s partners and if you do not have the right to submit User Content for such use, it may subject you to liability. The Service will not be responsible or liable for any use of your User Content by the Service in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, post, disseminate, distribute, publish, and/or share using the Service.
5. You agree that User Content that you share, post, re-post, submit, display or other will be viewable by other users of the Service and through third-party services. You understand your and accept responsibility for your User Content and agree to share User Content that you are comfortable sharing with others under these Terms.
6. You agree that the Service is not responsible for, and does not endorse, User Content posted within the Service. The Service does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility or other for that User Content.
7. You agree that you will not sell, transfer, license or assign your account, followers, following, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Service prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to the Service upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
8. You agree that you will not solicit, collect or use the login credentials of other users of the Service. You are responsible for safeguarding and keeping your password secure and for any activities or actions under your account. We and the Service encourage you to use "strong" passwords, passwords that use a combination of upper and lower case letters, numbers and symbols, with your account. We and the Service cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
9. You must not use the Service to disparage, defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate person(s) or entities, insult, or inflict any form of emotional or mental or spiritual harm. You must not post private or confidential information via the Service, including, without limitation, your or any other entity or person’s credit card information, social security or other national identity numbers, non-public addresses, non-public phone numbers or non-public email addresses.
10. You may use the Service only if you can form a binding contract with us and the Service and you are not a person or entity barred from receiving services under the laws of the Province of Ontario, Canada, or other applicable jurisdiction. If you accept these Terms and use the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so, and accept any and all consequences. You may use the Service only in compliance with these Terms and all applicable local, regional, provincial, state, federal, national, and international laws, legislation, rules and regulations.
11. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, legislation, rules and regulations, including and not limited to local, regional, provincial, state, federal, national, and international laws applicable to your use of the Service and your User Content, including but not limited to copyright, trademarks, or other intellectual property laws.
12. You agree that if you open an account on behalf of a company, organization, or other entity, then: (a) "you" includes you and the entity for which the account was created, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
13. You agree that we may automatically upgrade the Service, including but not limited to software and/or applications that is downloaded to your computer, phone, tablet, or other device, and these Terms or Updated Terms will apply to such upgrades.
14. You are solely responsible for your User Content, conduct, and any data, text, files, information, usernames, images, graphics, photographs, profiles, audio and sounds, video, music, authorship, applications, links, or materials that you submit, post, upload, display, or share using the Service. All User Content, whether publicly or privately posted or transmitted, is your sole responsibility. The Service may not monitor or control the User Content posted via the Service, and we and the Service cannot take responsibility for such User Content. Any use or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
15. You must not change, modify, adapt or alter the Service or change, modify or alter another website or application so as to falsely imply that it is associated with us and/or the Service.
16. You must not access the Service or its API by any means other than that which is permitted by the Service and us, as may be outlined in separate and specific terms.
17. You must not create or submit unwanted email, comments, likes, dislikes, shares, photographs, images or other User Content or other forms of commercial or harassing communication, or spam to any of the users of the Service.
18. You must not use domain names or web URLs in your username without prior written consent from the Service.
19. You must not intercept, interfere, or disrupt the Service or its infrastructure or business by any means, including by transmitting any viruses, worms, adware, spyware, malware or any other code of a destructive, disruptive, or malicious nature or intent. You may not inject content or code or otherwise alter or interfere with the manner in which User Content is displayed, rendered, presented or other by the Service to a user’s device or within a user’s account.
20. You must comply with our and the Service’s Terms, policies, and guidelines. You must not create or register accounts with the Service through unauthorized means, including but not limited to, using automated devices, scripts, bots, spiders, crawlers, scrapers, or other. You must not attempt to restrict another user from using the Service and you must not encourage or facilitate violations of these Terms or any other terms, guidelines, and/or policies of the Service.
21. You agree and accept all responsibility for any activity that occurs while logged into your account or while your account is logged into the Service. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might make vulnerable the security of your account or the Service. Upon creation of your account with the Service, the Service may have an optional entry for your mobile number for additional security. Please note that carrier's text messaging fees may apply for mobile number security messaging or other service.
22. You agree that any User Content, feedback, suggestions, and ideas or other information or materials regarding the Service that you provide, state, communicate, submit, post, or other whether by email or otherwise ("User Feedback"), are non-confidential and shall become the sole property of Ububbl and the Service. We and the Service will be entitled to the unrestricted use and dissemination of such User Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the User Feedback, including any copyrights, trademarks, trade dress or moral rights. We and the Service appreciate feedback from users of the Service, however, we and the Service strongly suggest that you do not share your ideas with the Service if your expectation is to be paid or want to continue to own or claim rights to the ideas.
23. Any violations of these Terms, in the Service’s sole discretion, may result in termination of your account. You understand and agree that we and the Service cannot and will not be responsible and/or liable for the User Content you post, share, upload, display, or other using the Service and you use the Service at your own risk. If you violate these Terms, or otherwise create risk or possible legal exposure for us and the Service, we and the Service can stop providing all or part of the Service to you.
1. We and the Service reserve the right to modify and/or terminate the Service and/or your access to the Service for any reason, without notice, at any time, and without liability to you or any other person(s) or entity. You can deactivate your account with the Service by logging into the Service and navigating to the settings within the options page. If we and the Service terminate your access to the Service or you deactivate your account, your photographs, posts, comments, likes, dislikes, relationships, following, followers, and all other data will no longer be accessible through your account (e.g., other users may not be able to search and find your username and view your account), however any materials and data may persist and appear within the Service (e.g., if your User Content has been re-shared by others, instances where you have liked, disliked, commented on another user’s profile or posts, or the Service was unable to deactivate and archive all your posts, comments, likes, dislikes). Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
2. We and the Service reserve the right, in our and its sole discretion, to change these Terms ("Updated Terms") from time to time. Unless the Service makes a change for legal or administrative reasons, the Service may provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
3. We and the Service reserve the right to modify or discontinue, temporarily or permanently, the Service or any features, functions or portions thereof without prior notice. You agree that the Service and the Service Parties (defined in these Terms) will not be liable for any modification, suspension or discontinuance of the Service or any part thereof.
4. We and the Service reserve the right to refuse access to the Service to any person(s) or entity for any reason at any time. We and the Service reserve the right to force forfeiture of any username for any reason.
5. The Service may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that the Service determines in its sole discretion violates these Terms. We and the Service reserve the right at all times, but have an obligation, to remove or refuse to distribute any User Content on the Service, to suspend or terminate users, and to reclaim usernames without liability to you. We and the Service also reserve the right to access, read, preserve, and disclose any information as we and the Service reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Ububbl, the Service, Service Parties, users and the public.
6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that the Service is not responsible or liable for the conduct of any user or you. We and the Service reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users or entities. The Service requires you to exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information, including information that may be confidential to you or a third-party.
8. There may be links from the Service, or from communications you receive from, within or through the Service, to third-party websites, application, or features. There may also be links to third-party websites, applications, or features in images, photographs, posts, comments or User Content within the Service. The Service may also include third-party content that the Service does not control, maintain or endorse. There may be Service functionality that may also permit interactions between the Service and a third-party website, application, or feature, including applications that connect the Service or your account on the Service with a third-party website, application, or feature. This type of integration functionality may require you to login to your account or some other form of automated access to the third-party service and you do so at your own risk. The Service does not control any of these third-party websites, web services, applications, or any of their content. You explicitly acknowledge and agree that the Service is in no way responsible or liable for any such third-party services or features. Your connection, communication or usage of the third-parties through the Service is solely between you and the third-party. You may choose, at your sole and absolute discretion and risk, to use websites, web services, applications, functions and/or features that connect the Service or your account on the Service with a third-party service ("Applications") and such Applications may interact with, connect to and gather and/or import or export information from and to your account on the Service. When you use these Applications, you acknowledge and agree to the following: (a) if you use Applications to share information, you are consenting to information about your account on the Service being shared; (b) your use of Applications may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Service has not itself provided such information; and (c) your use of Applications is at your own risk, and you will hold the Service and its parent company, directors, shareholders, officers, executives, management, mangers, agents, volunteers, members, affiliates, sponsors, investors, employees, stakeholders, partners, licensors, suppliers, vendors, third-parties, or other (collectively, the “Service Parties”) harmless for any activity related to the Applications. Links to any third-part websites, resources or other do not imply any endorsement by the Service and Service Parties of such websites or resources or the content, products, or services available from such third-party websites, resources or other. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites, resources or other.
9. You agree that you are responsible for all service fees, fees, and charges (data or other) you incur through use of the Service. You understand and agree that you are responsible for any service fees, fees, and charges that apply to communications sent from or received by any of your device(s) using the Service.
10. The Service prohibits crawling, scraping, caching or otherwise accessing any User Content on the Service via automated means, including but not limited to, user accounts, profiles and photographs. The exception may be the result of standard search engine protocols or technologies used by a search engine with the Service’s express consent.
11. The Service prohibits the following while accessing or using the Service: (a) access, tamper with, or use non-public areas of the Service, Service’s computer or network systems, or the technical delivery systems of Service’s providers; (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Service by any means, automated or otherwise, other than through the currently available, published interfaces that are provided by the Service, and only pursuant to those terms and conditions, unless you have been specifically allowed to do so in a separate agreement with the Service. Any crawling or scraping the Service without the prior consent of the Service is expressly prohibited; (d) forge any packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt, or attempt to disrupt or interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden or significant overhead on the Service.
12. The Service has its head quarters in Canada, and may be hosted from other countries. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Canadian laws, please be advised that through your continued use of the Service, which are governed by the laws of the Province of Ontario and the laws of Canada, you are transferring your personal information to Canada and any of our hosting sites and you consent to that transfer.
13. If the Service terminates or you deactivate your account, or if you remove any User Content from the Service, we and the Service may retain your User Content for a commercially and legally reasonable period of time for backup, archival, or audit purposes. The Service and its users may retain and continue to use, store, display, reproduce, re-post, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through or within the Service.
14. In addition to the other restrictions outlined in these Terms, you agree that you will not: (a) use the Service for any purpose that is illegal, beyond the scope of the intended use, or otherwise prohibited in these Terms or by law; (b) use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner; (c) compromise the security or integrity of the Service; (d) send any unsolicited or unauthorized advertisement, spam, solicitations or promotional materials; (e) use any robot, spider, crawler, scraper or other automated means or interface not provided by the Service to access the Service or to extract User Content, Service Content, and/or other data; (f) reverse engineer any aspect of the Service or do anything that might discover source code, object code or bypass or circumvent measures in use to prevent or limit access to any area, content or code of the Service; (g) use or attempt to use another user's account without authorization; (h) attempt to circumvent any content filtering techniques the Service employs, or attempt to access areas and/or features of the Service that you are not authorized to access; (i) attempt to indicate in any manner that you have a relationship and/or partnership with the Service or that the Service has endorsed you or any products or services without the Service’s express written consent to do so; (j) engage in any harassing, intimidating, predatory or stalking conduct; (k) impersonate any user, person or entity or otherwise misrepresent your affiliation with a user, person or entity; (l) violate the publicity, privacy or data protection rights of others, including by taking photographs of another individual without receiving that individual's consent; (m) infringe any patent, trademark, trade dress, trade secret, copyright or other intellectual or proprietary right of any party; (n) buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account on the Service without the Service's prior written consent; (o) develop any third-party applications that interact with User Content or the Service without the Service’s prior written consent; and (p) use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
15. The Service may change, modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
16. The Service may include advertisements, promotions, and/or promoted content which may be targeted or related to the User Content or information on the Service, queries made through or within the Service, or other information. The types and extent of advertising by us on the Service are subject to change. In consideration for us granting you access to and use of the Service, you agree that the Service and its third-party providers and/or partners may place such advertising on the Service or in connection with the display of User Content or information from the Service whether submitted by you or others.
17. The Service continuously evolves and the form, function, and nature of the services that the Service provides may change from time to time without prior notice to you. In addition, we and the Service may stop (permanently or temporarily) providing services, or any features within the Service, to you or to users generally and may not be able to provide you or users with prior notice. We and the Service also retain the right to create limits on use and storage at the Service’s sole discretion at any time without prior notice to you or other users.
18. We and the Service do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content, advice, recommendation or communications posted via the Service or endorses any opinions expressed via the Service. You understand that by using the Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we, the Service Parties, and the Service be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, shared, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
2. You agree that this license includes the right for the Service to provide, promote, and improve the Service and to make User Content submitted to or through the Service available to other companies, organizations or individuals who partner with or purchase services from the Service for the analytics, data, syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. You agree that any additional uses by the Service, or other companies, organizations or individuals, who partner with the Service, may be made with no compensation paid to you with respect to the User Content that you provide, submit, post, transmit or otherwise make available within and through the Service.
3. The Service may be supported by advertising revenue, may display advertisements and promotions, and may use User Content for reporting and analytics, and you hereby agree that the Service may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we and the Service may not always identify paid services, sponsored content or commercial communications as such.
4. You represent and warrant that: (a) you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (b) the posting and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Service; and (d) you have the legal right and capacity to enter into these Terms in your jurisdiction.
5. The Service contains content owned or licensed by us and the Service, including but not limited to video clips or files, images, text, illustrations, written works, graphics, code, designs, elements, photographs, icons, links, or other materials (collectively, "Service Content"). All Service Content, including their layout, arrangement, orientation, and selection are protected by trade dress, copyright, trademark, patent, intellectual property, trade secret and/or other laws, and, as between you and the Service, we and the Service own and retain all rights in the Service Content and the Service. Except as expressly provided in these Terms, we and the Service do not grant any express or implied rights to use the Service Content. You agree that you will not remove, alter or conceal any copyright, trademark, trade dress, service mark or other proprietary rights notices incorporated in or accompanying the Service Content and you will not copy, reproduce, modify, republish, adapt, frame, prepare, download, transmit, display, broadcast, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Service Content, the Service or any related software, application, or service except as expressly stated in these Terms.
6. We and the Service herby grants a limited personal, worldwide, royalty-free, non-assignable, non-exclusive, non-sub licensable license to access and use the Service and Service Content via the software and application provided by us. This license is revocable at any time. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Ububbl, in the manner permitted by these Terms. This license is subject to these Terms and does not include: (a) the distribution, public performance or public display of Service Content; (b) modifying or otherwise making any derivative works or uses of the Service or Service Content, or any portion thereof; (c) use of any scraping, data mining, robots or similar data gathering or extraction methods; (d) downloading any portion of the Service, Service Content or any information contained therein, except as expressly permitted on the Service; (e) accessing the Service API with an unauthorized or third-party client; and (f) any use of the Service and/or Service Content other than for the intended purposes. Any use of the Service and/or Service Content other than as specifically authorized in these Terms, without the prior written consent and/or permission from us and the Service is strictly prohibited and will terminate the license to use the Service granted in these Terms.
7. All right, title, and interest in and to the Service, excluding User Content provided by users or you, are and will remain the exclusive property of the Service and its licensors. The Service is protected by copyright, trademark, and other laws of Canada, and foreign countries. Nothing in the Terms gives you a right to use the Service’s name or any of the Service’s trademarks, trade name, trade dress, logos, domain names, and other distinctive brand features. Any User Feedback, including but not limited to comments, improvements, enhancements, features or suggestions you may provide regarding the Service is entirely voluntary and the Service will be free to use such feedback, comments or suggestions without any obligation to you.
8. You agree to abide by any third-party terms that apply when posting reviews of the Service, including the iTunes App Store Terms of Service or the Android Market Terms of Service (collectively, the “App Store”). Posting any of the Service’s usernames in any App Store review is strictly prohibited and may result in the deletion of your account with the Service.
9. The Service name, symbol, design and logo are trademarks of Ububbl, and may not be copied, reproduced, modified, republished, adapted, framed, sold, licensed, loaned, sublicensed, imitated or used, in whole or in part, without the prior written consent and/or permission from us, except in accordance with any of the Service’s brand guidelines (either published now or later). In addition, all page headers, graphics, custom graphics, button icons, elements, code, and scripts are service marks, trademarks and/or trade dress of the Service, and may not be copied, imitated or used, in whole or in part, without prior written consent and/or permission from us and the Service.
10. It is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, software patches, software defects, or for emergency repairs, or due to failure of telecommunications lines or links and/or equipment. Also, we and the Service reserve the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by the Service, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we and the Service encourage you to maintain your own backup of your User Content. The Service is not a backup service and you agree that you will not rely on the Service for the purposes of User Content backup, archive, redundancy, or storage. We and the Service will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any User Content and data. You also acknowledge that the Ethernet, Internet, Web, or internal networks may be subject to breaches of security and that the submission of User Content or other information may not be secure.
12. It is our and the Service's policy not to accept or consider User Feedback, including but not limited to content, information, ideas, suggestions or other materials other than those the Service has specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those the Service has developed or is developing independently. Accordingly, we and the Service do not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us User Feedback, including but not limited to content, information, ideas, suggestions, or other materials, you further agree that we and the Service is free to use any such User Feedback, content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
4.Copyright and Other Violations
1. We and Service respect other users’, persons, or entities rights, and expects that you to do the same. The Service will respond with notices of alleged copyright and intellectual property infringement that comply with applicable law and are properly provided to the Service.
2. The Service provides you with tools to help you protect your intellectual property rights. To learn more about how to report violations visit the Help Center.
3. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide the Service with the following information: (a) physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) 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 the Service to locate the material; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have 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 (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
4. If you repeatedly infringe other users’, persons, or entities intellectual property rights, we and the Service will disable your account when appropriate.
5. We and the Service reserve the right to remove User Content alleged to be infringing without prior notice, at the Service’s sole discretion, and without liability to you. In particular circumstances, the Service will also terminate a user’s account if the user is determined to be a repeat infringer. The designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Attn: Copyright Agent
2-220 Midwest Road
Toronto, Ontario, Canada M1P3A9
5.Ending These Terms
The Terms will continue to apply until terminated by either you or us and the Service. You may end your legal agreement with the Service at any time for any reason by deactivating your account and discontinuing your use of the Service, there is no need to inform the Service when you stop using the Service, and if you stop using the Service without deactivating your account, then your account may be deactivated due to prolonged inactivity.
The Service may suspend or terminate your account or cease providing you with all or part of the Service at any time for any reason, including, but not limited to: (a) you have violated these Terms or other rules; (b) you create risk or possible legal exposure for the Service; or (c) the provision of the Service to you is no longer commercially viable. The Service may make reasonable efforts, but is not obligated, to notify you by the email address associated with your account or the next time you attempt to access your account.
In any or all cases, the Terms shall terminate, including, without limitation, your license to use the Service, except other terms and conditions (not related to licensing) outlined in the following sections shall continue to apply: 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
Nothing in this section shall affect our and the Service’s rights to change, limit or stop the provision of the Service without prior notice to you.
6.Disclaimer of Warranties
The Service and the Service Content are provided to you on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, while we and the Service attempt to provide a positive user experience, we and the Service cannot and do not represent or warrant that the Service will always be secure, defect-free or error-free or that the Service will always function without delays, disruptions, data loss or imperfections. To the fullest extent permissible by law, neither us, the Service nor the Service Parties make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Service Content; (c) User Content; or (d) security associated with the transmission of information to, within, or through the Service. In addition, we and the Service Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title and non-infringement, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
We and the Service Parties do not represent or warrant that the Service will be defect-free, error-free or uninterrupted; that defects will be corrected; or that the Service, the server, or the infrastructure that makes the Service available is free from any harmful components, including, without limitation, viruses. We and the Service Parties do not make any representations or warranties that the information, including any instructions, on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk. No advice or information, whether oral or written or both, obtained from the Service and Service Parties or through or within the Service, will create any warranty not expressly made herein. We and the Service Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and we and the Service Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
We and the Service Parties do not endorse content and specifically disclaim any responsibility or liability to any user, any person(s) and/or entity for any loss, damage (where actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
7.Limitation of Liability Waiver
Except where prohibited by law, under no circumstances will we, the Service and Service Parties be liable to you for any loss or damages of any kind, including, without limitation, for any direct, indirect, special, punitive, economic, exemplary, incidental or consequential losses or damages that are directly or indirectly related to: (a) the Service; (b) the Service Content; (c) User Content or conduct of other users of the Service; (d) the use of, or inability to use, or the performance of the Service; (e) any action taken in accordance with an investigation by us and the Service Parties or law enforcement or governmental authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright, trademark, or other intellectual property rights, laws or ownership; (g) any defects and/or errors or omissions in the Service’s operation; or (h) any damages to any user’s computer, devices (mobile or other), hardware, software, or other equipment or technology including, without limitation, damage from any security breach or any virus, bugs, defect, tampering, fraud, error, omission, interruption, delay in operation or transmission, computer communication protocols and network or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits or revenues, loss of goodwill, loss of data, loss of use, other intangible losses, work interruption or stoppage, accuracy of results, or computer and/or device failure or malfunction, even if foreseeable or even if we and the Service Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Service). In no event will we, the Service and Service Parties be liable to you or anyone else for loss, damages or injury, including, without limitation, death or personal injury. You assume total responsibility for your use of the Service and agree that your only remedy against us and the Service for dissatisfaction with the Service and Service Content or any content is to stop using the Service. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will we, the Service and Service Parties total liability to you for all damages, losses or causes or action exceed one Canadian dollar (CAD $1.00), if the Service, Service Parties and Ububbl are found liable to you.
You agree that in the event you incur any damages, losses or injuries that arise out of our and the Service’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any application, website, service, property, product or other content owned or controlled by the Service, Service Parties, and Ububbl, and you will have no rights to enjoin or restrain the development, production, manufacturing, distribution, advertising, exhibition or exploitation of any application, website, property, product, service, or other content owned or controlled by the Service, Service Parties, and Ububbl.
By accessing the Service, you understand that you are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, any benefits.
We and the Service are not responsible for the actions, content, information, or data of third-parties. You release us, the Service and the Service Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third-parties.
By using and agreeing to these Terms you agree to indemnify, defend, and hold harmless Ububbl, the Service and Service Parties from and against any complaints, charges, claims, damages, liabilities, losses, costs, fees, expenses, and/or as a result of your direct activities on the Service or those conducted on your behalf, including without limitation, reasonable attorney's fees and costs, arising out of, or in any way relating to: (a) your use of the Service; (b) any User Content you post, upload, use, share, distribute, store or otherwise transmit through or within the Service; (c) your alleged breach or breach of these Terms; (d) your violation of these Terms or any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, legislations, statutes, codes, ordinances or orders of any governmental, quasi-governmental or other governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation by you or on your behalf. You agree to cooperate as fully required by us and the Service in the defense of any claim, and we and the Service reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Service.
PLEASE READ THE FOLLOWING CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
For any dispute you have with us and the Service, you agree to first contact the Service and attempt to resolve the dispute with the Service and us informally. If the dispute cannot be resolved informally, you and the Service and us agree to arbitrate any dispute arising from these Terms or your use of the Service, except that you and us are not required to arbitrate any dispute in which either you or us seek equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade dress, trade names, domain names, trade secrets, logos, and/or patents. You agree that all disputes between you and us, whether or not such dispute involves a third-party, with regard to your use of the Service, including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario), and you and the Service hereby expressly waive trial by jury.
Whether the dispute is heard in arbitration or in court, you and Ububbl agree to not participate in or commence against the other a class action or class-wide arbitration or representative action or proceeding for any claims covered by this agreement. You agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another entity or person's account, if the Service and us is a party to the proceeding.
You and the Service and us agree: (a) that this dispute resolution provision will be governed by the laws of the Province of Ontario and the laws of Canada; (b) that arbitration will occur in the City of Toronto, Ontario, Canada; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS) and the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario); and (d) that the provincial or federal courts of the City of Toronto, Ontario, Canada have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
10.Time Limitation on Claims
You agree that any claim you may have arising out of or related to your use of the Service must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
11.Governing Laws and Venue
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving regard to or application of its conflict of law provisions or your state, province or country of residence, and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Subject to the section of these Terms titled “Arbitration”, in the event of a dispute you consent to personal jurisdiction and agree to bring all actions exclusively in courts located in Toronto, Ontario, Canada. The parties consent to the jurisdiction of the courts of Ontario. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SERVICE OR THESE TERMS WILL BE INSTITUTED ONLY IN A PROVINCIAL AND/OR FEDERAL COURT LOCATED IN TORONTO, ONTARIO, CANADA. YOU AND UBUBBL AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER, IN THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
For any action at law or in equity relating to the arbitration provision of these Terms, the excluded disputes, or any and all claims, legal proceedings or litigation arising in connection with the Service you agree to resolve any dispute you have with the Service and us exclusively in the federal or provincial courts located in Toronto, Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum, and you submit to the personal jurisdiction of the courts located in Toronto, Ontario, Canada for the purpose of litigating all such disputes.
If you are a federal, provincial, state, or local government entity in Canada using the Service in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such Canadian federal government entities, these Terms and any action related thereto will be governed by the laws of the Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Province of Ontario (excluding choice of law).
12.Waiver and Severability
Any failure of the Service and us to enforce any right or provision of these Terms will not be deemed as a waiver of such right or provision. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our and the Service’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. We and the Service reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us and the Service.
The headings used in these Terms are inserted for the convenience of the parties only and are not to be considered when interpreting these Terms. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. The clauses, paragraphs, and subparagraphs contained in these Terms are intended to be read and construed independently of each other. If any part of these Terms is held to be invalid, this invalidity will not affect the operation of any other part of these Terms.
We and the Service may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
We and the Service may revise these Terms from time to time, and the most current version will always be at the Service’s website or application. If the revision, in our sole discretion, is material the Service may notify you via an update or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the Updated Terms.
The Service is operated and provided by Ububbl Inc., 220 Midwest Road, Suite 2, Toronto, Ontario, Canada M1P3A9. If you have any questions about these Terms, please contact us via the support email.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Service and us to any registration requirement within such jurisdiction or country. We and the Service reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our and the Service’s sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Service provides.
Any software and products related to or made available by us may be subject to Canadian export controls. Thus, no software or product from the Service and us may be downloaded, exported or re-exported: (a) into, or to a national or resident of, any country to which Canada has embargoed goods; or (b) to anyone on the Canada Treasury Board or Department's list of Specially Designated Nationals or the Foreign Affairs, Trade and Development Canada (DFATD) or Canada Commerce Department's Table of Deny Orders. By purchasing or downloading any software or product related to the Service and us, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms is as indicated above. These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
© 2015 Ububbl, Inc.