Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (collectively, together with each and every person whom you allow access to the Application, “End User,” “you,” or any pronoun similar to “you”) and Bubby LLC (“Company,” “we,” “us,” “our,” or such similar terms). This Agreement governs your use of the Bubby mobile application on your mobile device (including all related programming and documentation, the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, DOWNLOADING THE APPLICATION, OR OTHERWISE ACCESSING THE APPLICATION AND/OR THE GOODS AND SERVICES PROVIDED BY THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE APPLICATION AND DELETE ANY INSTANCE OF IT OR ITS CONTENT FROM YOUR MOBILE DEVICE.  IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT AND/OR GUARDIAN MUST AGREE ON YOUR BEHALF TO ENTER INTO THIS AGREEMENT AND BE BOUND BY THESE TERMS.  PLEASE REFER TO THE PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, FOR INFORMATION REGARDING PERSONS UNDER THE AGE OF 18.  IF YOU ARE UNDER 18 YEARS OF AGE AND YOUR PARENT AND/OR GUARDIAN DOES NOT EXPRESSLY CONSENT TO YOUR USE OF THE APPLICATION, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE APPLICATION AND DELETE ANY INSTANCE OF IT OR ITS CONTENT FROM YOUR MOBILE DEVICE.  IF YOU ARE THE GUARDIAN OR PARENT OF A USER UNDER 18 YEARS OF AGE, AND YOU PROVIDE YOUR CHILD WITH CREDIT CARD INFORMATION TO BE ENTERED INTO THE APPLICATION, SUCH USE OF A CREDIT CARD SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THIS AGREEMENT.

It is your responsibility to periodically review the terms of this Agreement.  Further, Company reserves the right, at any time, to change the terms of use by publishing notices of such changes via the Application. Any use or access of the Application by you after Company’s publication of any such changes shall constitute your acceptance of this Agreement, as modified. You agree that Company is permitted, in accordance with Company’s privacy policy, set forth in Section 5 below and incorporated herein by this reference (the “Privacy Policy”), to access and use any information provided by you to utilize the Application, including any Personally Identifiable Information (as defined in the Privacy Policy), and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Application.  Additionally, as part of the interactive end user experience created and facilitated by the Application in connection with live music performances, you hereby agree that Company and the Application, through its programming and interactive functionality, may access, utilize and/or activate certain functions of your Mobile Device (as defined below), including but not limited to the device’s screen, flash and other audio/visual and light-related functions.

  1. License Grant. “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material in, by, through or in connection with the Application and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and Company, Content in the Application, is owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Subject to the terms of this Agreement, Company grants you a limited, revocable, non-exclusive and nontransferable license to:
    • download, install and use the Application and access Content for your personal, non-commercial use on a single Mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
    • access, stream, download and use on such Mobile Device the Website Content and Services (as defined in Section 7) made available in or otherwise accessible in or through the Application, strictly in accordance with this Agreement and the Website Policies applicable to such Website Content and Services as set forth in Section 7.

 

Content, including any User Content (defined below), and services provided in or through the Application are provided to you “as is” in connection with your use of the Application.  Except as expressly stated in this Agreement, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, service mark, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Application and any Content provided by Company or any third party through or in the Application.  Elements of the Application, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part.  Violation of this Agreement, including without limitation modification or use of Content in the Application for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access and use the Application, and also may constitute the infringement of Company’s copyright, service mark, trademark and/or other rights. You shall not attempt to access any other of Company’s systems, programs or data that are not made available for public use.

 

Company has and will retain sole control over the operation, provision, maintenance and management of the Application.  End User has and will retain sole control over the operation, maintenance and management of, and all access to and use of, End User’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by End User or through the use of third-party services (“End User Systems“), and sole responsibility for all access to and use of the Application and services delivered thereby (the “Services”) by any person by or through the End User Systems or any other means controlled by End User, including any: (i) information, instructions or materials provided by any of them to the Application, Services, or Company; (ii) results obtained from any use of the Application or Services; and (iii) conclusions, decisions or actions based on such use.

 

Company makes no representation or warranty regarding how and when the Services will deliver any specific content, and there is no guarantee that you will be able to properly view inputted data through the Application.  It is Company’s goal to deliver unmatched content and quality, however, please be advised that Company cannot guarantee that technical difficulties will not occur during the download and/or streaming of the Services.

  1. License Restrictions. End User shall not:
    • Copy, reproduce, republish, upload, post, transmit, or distribute in any way the Application or any Content without Company’s written permission, other than as expressly allowed by Company hereunder.
    • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Application or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Application.
    • Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof.
    • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
    • Circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Application or Content.
    • Transmit through, in or by the Application, any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
    • Use any data scraping, mining, robots, spiders, or similar data gathering and extraction methods within the Application or in any way reproduce or circumvent the navigational structure or presentation of the Application or its Contents without Company’s prior written consent.
    • Use any “hidden text” without Company’s express written consent.
    • Take any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Company’s (or Company’s third-party providers’) infrastructure.
    • Duplicate or create multiple user accounts in an attempt to circumvent Company’s security and privacy measures and policies.
    • “Frame” or “mirror” any part of the Application.
    • Provide to Company false or incorrect Personally Identifiable Information (as defined in Company’s Privacy Policy).
    • Use the Application or Content for any unlawful purpose.
    • Use or make available the Application as an Application Service Provider (ASP).
    • Post User Content in or in or through the Application that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
    • Use the Application for any unlawful purpose or any purpose which may violate the terms upon which Third-Party Materials are sublicensed to you hereunder.
    • Post Content in or through the Application that includes any “Prohibited Content.” “Prohibited Content” includes, but is not limited to, any Content that: (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is harmful or can reasonably be expected to be harmful to any person or entity; (v) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (vi) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, service mark, trade secret or other proprietary or contractual rights; (vii) is commercial, business-related or solicits or advertises or offers to sell any products or services, whether or not for profit; (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Application or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Application; (ix) does not generally pertain to the designated topic or theme of the relevant application, message board, public forum or blog; (x) violates any specific restrictions applicable to the application, message board, public forum or blog; or (xi) is antisocial, disruptive, or destructive, including “spamming,” “flooding,” and “trolling” as those terms are commonly understood and used in connection with the Internet.

 

  1. Security.
    • End User is responsible for identifying and authenticating all Authorized Users, for approving access by such users to the Application and Services, for  controlling  against  unauthorized  access  by such users or any other party through End User Systems,  and  for  maintaining  the  confidentiality  of usernames, passwords and account information.  The Company  is  not responsible for any harm caused by users of an End User’s account, including individuals who were not authorized to have access to such account.  Each End User is responsible for all activities that occur under such End User’s usernames, passwords or accounts or as a result of such End User’s or End User’s Authorized Users’ access to the Application Services, and agree to notify the Company immediately of any unauthorized use.
    • End User has and will retain sole responsibility for: (i) all of End User’s data, including its content and use; (ii) all information, instructions and materials provided by or on behalf of End User or any Authorized User in connection with the Application or Services; (iii) End User Systems; (iv) the security and use of End User’s and its Authorized Users’ access credentials; and (v) all access to and use of the Services and Company Materials directly or indirectly by or through the End User Systems or its or its Authorized Users’ access credentials, with or without End User’s knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use.
    • End User shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (i) securely administer the distribution and use of all End User and Authorized User access credentials and protect against any unauthorized access to or use of the Application or Services; and (ii) control the content and use of End User’s data, including the uploading or other provision of End User’s data for processing by the Application.
  2. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  3. User Accounts. You may access the Application and view certain Content without registering, but as a condition to using certain aspects of the Application, you may be required to register with Application and select a password and username (“User ID”) and personal identification number (“PIN”). You shall provide Company with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Application account.  You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise illegal, offensive, vulgar or obscene.  Company reserves the right to refuse registration, cancel a User ID or deny your access to the Application in its sole discretion.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Application password and PIN.  You shall never use another user’s account or PIN.  You will immediately notify Company in writing of any unauthorized use of your account or PIN, or other account related security breach of which you are aware.  Please read the Privacy Policy incorporated as Section 6, which describes the Personally Identifiable Information we collect, use, disclose, manage and store.  You will be responsible for the confidentiality and use of your User ID, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Application to any third party.  We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID or PIN.  If you have reason to believe that your account with Company is no longer secure, you must promptly change your password and PIN by notifying Company of the problem by emailing Company at info@Bubby.com.

 

Provided that each such person agrees to be bound by the terms of this Agreement, you may designate only the number of Authorized Users as set forth for your particular subscription or plan.  Each Authorized User shall create his or her own User ID and PIN in accordance with the above terms of this Section 5.

  1. Privacy Policy: Collection and Use of Your Information. This Section 6 shall serve as the “Privacy Policy” of the Company with respect to User Data (defined below).
    • You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Company collects through or in connection with this Application is subject to the terms of this Agreement, including, without limitation, the terms of this Section 6. By purchasing, using and providing information to or through this Application, you consent to all actions taken by Company with respect to your information in compliance with this Agreement, which is incorporated herein by reference.  Additionally, as part of the interactive end user experience created and facilitated by the Application, you hereby agree that Company and the Application, through its programming and interactive functionality, may access, utilize and/or activate certain functions of other electronic components with which the Application interfaces or connects.
    • We take each user’s data privacy seriously, and at all times endeavor to collect, compile, handle, store, and disseminate user data (whether or not personally identifiable, “User Data”) in compliance with applicable law, including, as may be applicable to certain users, under the General Data Protection Regulation (the “GDPR”).This Privacy Policy sets forth the manner by which we undertake due care with respect to: (i) protecting User Data in accordance with applicable law and practices which we deem proper and commercially reasonably in relation to each form of User Data, (ii) protecting the rights of various parties handling, providing, and sharing or receiving User Data, such as users, our employees and contractors, and our business partners, (iii) our transparency with respect to the processing, handling, storage, and dissemination of User Data, (iv) our measures in respect to protection from data breach and other unauthorized disseminations of User Data, and (v) applicable law, including the GDPR generally, with respect to applicable users.
    • User Data is comprised of Personally Identifiable Information and Non-Personally Identifiable Information (each defined below). As a general policy, except as set forth in this Agreement, no “Personally Identifiable Information” (as defined below) is automatically collected from your visit to the Application.  “Personally Identifiable Information” is defined in the GDPR as User Data which can be used to directly or indirectly identify the applicable user.  As used herein, Personally Identifiable Information, includes, without limitation, information such as (i) contact data (such as your first and last name, user name or alias, physical street address, city, state, zip code, phone number and email address), (ii) financial data (such as your PayPal account number, credit card number, credit card expiration date, and credit card verification code), (iii) demographic data (such as your zip code and gender), and (iv) other legal data (such as your social security number and other sensitive information) or any number of attributes, which taken together may lead to the identity of you (such as physical, physiological, genetic, mental, economic, cultural or social characteristics). Although an Internet Protocol (IP) address can only be used to determine the location of your device within a large radius (on the scale of miles or kilometers), Personally Identifiable Information, for the purpose of the GDPR may include your IP address, and moreover, cookies in relation to your use of the Application.  Notwithstanding the fact that we may treat certain User Data as User Data which is not Personally Identifiable Information, and cannot be used in order to identify a user (“Non-Personally Identifiable Information”), to the extent that the GDPR applies to you, we will always treat information based upon the GDPR’s characterization of Personally Identifiable Information.  For example, the IP or cookies of a user within the United States may be treated as Non-Personally Identifiable Information, while the same attributed may be treated by the GDPR as Personally Identifiable Information in certain instances.

 

Notwithstanding the foregoing, the Company will collect and use Personally Identifiable Information about you in a number of ways as set forth in this Agreement, including but not limited to responding to your request for products or services offered through the Application, notifying you about products, services, and other opportunities we think will be of interest to you, and disclosing such Personally Identifiable Information in connection with a Company business transaction.  By utilizing the Application, you are consenting to the use and disclosure of your Personally Identifiable Information as described in this Agreement.

 

If you would like to make corrections or updates to your Personally Identifiable Information, including your email address, phone number, mailing address, bank routing information, credit card information or password reminder phrase, you can easily make them through the “Edit Profile” section of your account.

 

The below table sets forth how we may process data received by a user entitled to the protections of the GDPR.

Reason Requirements
Contractual necessity
  • Data processed must be necessary for the Application (or the purchase of products or services, as applicable) and defined in an agreement between a user and the Company
Consent
  • Requires a freely given, specific, informed and unambiguous consent by clear affirmative action, including any consent provided in this Privacy Policy
  • Users have a right to withdraw consent, which must be brought to their attention
  • Must be from a user over the age of consent in the applicable jurisdiction, otherwise given by or authorized by a parent / guardian
  • Explicit consent is required for some processing (e.g., special categories of User Data)
Legitimate interests
  • If a business or a third party has legitimate interests which are not overridden by a user’s rights or interests.
  • Processing must be paused if an individual objects to it

 

“Data controller” and “data processor” are important concepts in understanding a company’s responsibilities under the GDPR. Depending on the scenario, a company may be a data controller, data processor or both, and will have specific responsibilities as a result:  A company is a data controller when it has the responsibility of deciding why and how (the “purposes” and “means”) the User Data is processed.

 

Under the GDPR, data controllers must adopt compliance measures to cover how data is collected, what it’s used for and how long it’s retained.  They will also need to make sure people can access the data about them.  Data controllers must ensure data processors meet their contractual commitments to process data safely and legally.  This Privacy Policy sets forth and discussed all matters in relation to our activities, if any, as a data controller.

 

A company is a data processor when it processes User Data on behalf of a data controller. Under the GDPR, data processors have obligations to process data safely and legally.  This Privacy Policy sets forth and discussed all matters in relation to our activities, if any, as a data processor.

 

Any transfer of User Data outside of the EEA (European Economic Area) must meet certain legal requirements. To the extent we are in receipt of User Data being transferred from inside the EEA to any region outside the EEA, we will at all times comply with applicable restrictions.

 

To the extent that we operate as a data controller and/or processor, our workplace will at all times be cognizant of applicable restrictions, and comply therewith.

  • The Personally Identifiable Information, or data which may contain Personally Identifiable Information, which we collect may come from a number of sources, including, but not limited to: (i) the registration information provided by you or for you, relating to the installation and account setup for your Application; (ii) diagnostic, technical, usage and related information, including but not limited to the geographic location of the Application, the unique system or hardware identifiers, information about your computer and networking equipment (including software and systems), and peripherals, which may be gathered automatically or upon specific request by Company; (iii) billing information you provide to Company; (iv) information you provide to Company in response to Company’s communications (including, without limitation, additional contact information); (v) information that you provide to Company through customer service communications and correspondence and general feedback; and (vi) information and user-generated content that you provide to Company  in connection with Third-Party Providers, such as content providers.  Notwithstanding the foregoing sources of Personally Identifiable Information, Company may at any time, strip the personally identifying aspects of such information (as determined in Company’s sole and reasonable discretion), and render such information as “Non-Personally Identifiable Information.”
  • Company reserves the right to use all User Data it collects from or about you, in a form that does not personally identify you, in order to allow Company and Third-Party Providers to confirm your compliance with this Agreement, and to provide and improve the Application and Services delivered by or through the Application, among other uses. Company also reserves the right to collect and use in Company’s discretion, all Non-Personally Identifiable Information.  Personally Identifiable Information will not be sold, leased or otherwise made available to any person or entity not authorized by or associated with Company, however, please be advised that certain Personally Identifiable Information may become a matter of public record as a result of lawsuit or other action, order, or decree of governmental bodies.  Without limitation, we may use User Data to:
    • Making available for use, improving, and developing the Application
    • Determining whether the Application, our products, and/or our services, as applicable, are available in your country;
    • Processing or recording transactions;
    • Otherwise providing you with our services, products, and features you elect to use, and as applicable, purchase;
    • Displaying your historical transaction or appointment information;
    • Providing, maintaining and improving the Application;
    • Developing new products and services;
    • Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with the Application or your user account;
    • Improving, personalizing, and facilitating your use of the Application;
    • Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of the Application.
    • Communicating with you regarding the Application.
    • Sending you information we think you may find useful or which you have requested from us about our products and services.
    • Conducting surveys and collecting feedback about the Application.
    • Protecting the Application and maintaining a trusted environment.
    • Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account, including to dispute chargebacks on your behalf.
    • Enforcing this Agreement or other applicable agreements or policies;
    • Verifying your identity (e.g., through government-issued identification numbers).
    • Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process; fulfilling any other purpose disclosed to you in.
    • Contacting you to resolve disputes, collect fees, and provide assistance with the Application.
  • Company may share certain of the User Data, including Personally Identifiable Information, with affiliated and non-affiliated third parties for a variety of purposes, and to the full extent permitted by applicable law, including without limitation in connection with providing User Data required or used by vendors or Third-Party Providers, as permitted by law, such as User Data necessary to fulfill orders of Services, or User Data required to process payments made to Company by you.  If Company undergoes business transition or change of form, such as a merger, acquisition, reorganization, divestiture, asset sale (of all or substantially all of the Company’s assets), or bankruptcy, your User Data may be treated as an asset of the Company, and you hereby consent to any transfer of your User Data in the manner outlined in this sentence.  Company may also disclose your Personally Identifiable Information in special cases when Company has reason to believe that disclosing this information is necessary: (i) to identify, contact or bring legal action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with Company’s legal rights or property, or the legal rights or property of a Third-Party Company; or (ii) by operation of law or at the request for cooperation from law enforcement or another governmental agency.
  • In order to provide certain Services, we may require access to location information, including precise geolocation information collected from your browser or device. If you do not consent to collection of this information, certain services will not function properly and you will not be able to use those services. You may stop our collection of location information at any time by changing the preferences in your browser or on your mobile device.
  • We may, and we may use third-party service providers to, process and store your information. The third-party service providers that we engage will at all times be bound by confidentiality obligations and other appropriate restrictions with respect to their use and collection of your information.
  • Please note that when you disclose User Data through a forum, message board, blog, or other publicly visible features on the Application, the information may become public and accessible to all or a part of the Application’s userbase, so it is important for you to exercise discretion and appropriate caution when deciding to reveal User Data in these areas. In addition, when you choose to make a posting on such services, even if you do not directly disclose User Data, certain User Data associated with your user account, such as your alias (to the extent that it is User Data under applicable law), may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your User Data , or any other information, on the Application. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL DATA YOU VOLUNTARILY DISCLOSE THROUGH THE APPLICATION VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the right, but have no obligation, to republish content posted in a forum, message board, blog, or news group (including any User Data contained therein) as further set forth in this Agreement.
  • We are deeply committed to your right to privacy. However, please note that this Privacy Policy only applies to the Application and not to any other websites or mobile applications that you may access from the Application, each of which may have privacy policies that are materially different from this Privacy Policy. We encourage you to be aware when you leave the Application and to read the privacy policies of each and every other website or application, as we are not responsible or liable for the commitments and obligations made to you herein.
  • Company knows it is very important to protect your User Data. Company takes appropriate security measures to help safeguard User Data from unauthorized access and disclosure, including physical, electronic, and procedural safeguards designed to protect your User Data. You should feel confident using the Application and disclosing User Data to Company. However, no system can be completely secure. Although Company takes significant steps to secure your User Data, there is always a chance that your User Data will not always remain secure, or Company’s systems (or systems of authorized recipients of User Data) may be illegally accessed, and the data on them stolen or altered.  You should always take great care in handling and disclosing your personal information. For example, avoid sending personal information through insecure email.  Please refer to the Federal Trade Commission’s website at www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.  Company assumes no liability or responsibility to you or to any third party arising out of any loss, misuse, destruction, or alteration of your information, and the limitations of liability herein shall still apply in any such event.
  • You have the right to request access to the information we have on you. You can do this by contacting us at info@bubby.com. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity. We will fulfil your request by sending your copy electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge you with an administrative fee.
  • If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data governed by the GDPR that is no longer needed for the purposes specified herein will be deleted. If you are a user with rights under the GDPR, if at any point you wish for Company to delete information about you, you may simply contact us and instruct that we delete certain User Data, provided, that, such deletion may affect your use of the Application.
  • If you wish to deactivate or cancel your account, you can do so by making a request to us by email or phone, using the contact details provided below.
  • In order to use the Application and/or its products and/or services, you must be at least 13 years of age. The Application is not directed to or intended for use by persons under the age of 13 and we are not knowingly soliciting personal information from such persons or sending them requests for non-public personal information. If we become aware that we have inadvertently received User Data directly from someone under the age of 13, we will delete such information from our records.  If you are under the age of 13, you must not use our products or services, including sending us any personal information. [1]
  • Further, if you are under the age of 18, or the age of consent in the applicable jurisdiction, you must have the consent of your parent or guardian in order to consent to this Agreement and use the Application (and the service delivered thereby).
  • We generally retain your information as long as reasonably necessary to provide you access to the Application and services delivered thereby, or to comply with applicable law. However, even after you deactivate your account, we may retain copies of information about you and any transactions or services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with the Application, to assist with investigations, to enforce this Agreement or other applicable agreements or policies, or to take any other actions consistent with applicable law.
  • The laws of certain states within the United States law permit residents of such states to request certain details about our disclosure of your User Data to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a resident of any such state (including California) and would like to request this information, please contact us at the address listed below.
  • We reserve the right to modify, add, alter or otherwise update this Privacy Policy from time to time, so you are encouraged to review this Privacy Policy from time to time. However, please note that each time you use the Application, the current version of this Privacy Policy will apply.
  • If we decide to change our Privacy Policy, we will date and post those changes on the Application so that you are always aware of what information we collect, how such information is used and under what circumstances, if any, such information is disclosed. Any and all changes to our Privacy Policy will also be reflected on this page. You can determine whether the Privacy Policy has been revised since your previous visit to the Application by referring to the “Last Updated” legend at the top of this page. Please read this Privacy Policy carefully. Your use of this Website constitutes your acceptance to be bound by this Privacy Policy without limitation, qualification or change. If at any time you do not accept all the Agreement contained herein, you must immediately discontinue use of this Website.  If at any point we decide to use User Data in a manner different from that stated at the time it was collected, we will notify you by way of email and you will then have a choice whether or not we can use such information in this different manner.
  • If you have any questions, comments, or concerns regarding the collection or use of your User Data, please contact Company at info@Bubby.com.  You may also contact this email address to update your contact information.
  1. Website Content and Services. The Application may provide you with access to Company’s website located at Bubby.com (the “Website”) and products and services accessible thereon, and certain features, functionality and Content accessible in or through the Application may be hosted on the Website (collectively, “Website Content and Services”). Your access to and use of such Website Content and Services are governed by the Website’s “Terms of Service” and “Privacy Policy,” accessible at Bubby.com/terms-of-service and Bubby.com/privacy-policy, respectively, and which are incorporated herein by this reference (collectively, the “Website Policies”). Your access to and use of such Website Content and Services may require you to acknowledge your acceptance of such Website Policies and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Website Policies will also be deemed a violation of this Agreement. The Website Content and Services are based in the state of Nevada in the United States access and use of the Website Content and Services is intended for the use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Website Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Website Content and Services from outside the United States, you are responsible for compliance with local laws.
  2. Limitations on Use. You acknowledge that Company may establish limits concerning use of the Application and reserves the right at any time to modify or discontinue the Application, your access to the Application, or any part thereof, with or without notice, including but not limited to the functionality or hours of availability, the equipment needed for its access or use, or its pricing.  Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or access to it.

YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY OF THE SERVICES.  You acknowledge that any limitations on the Application will not be cause for a refund for any of Company’s services or products, except as expressly provided herein.

The Application and/or Services do not replace the need for End User to maintain regular data backups or redundant data archives. PROVIDER HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF CUSTOMER DATA.

  1. Updates. Company may from time to time in its sole discretion develop and provide updates to the Application, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Ownership of Content.
    • Application Content. This Application is owned and operated by Company. All right, title and interest in and to Content provided in or through the Application, including but not limited to information, documents, logos, graphics, sounds, page headers, button icons, service marks, trade dress, trademarks and images are owned either by Company or by third-party authors, developers, or vendors and licensed to Company (“Third-Party Providers”). Content and materials provided in or through the Application are intended to facilitate your personal use and enjoyment of the Application.  Except as otherwise expressly provided by Company, Content not may be republished, reproduced, uploaded, displayed, posted, distributed, or transmitted, in any way, including without limitation in or on any other website, application or in a networked computer environment, and nothing in the Application shall be construed to confer any license under any of Company’s intellectual property rights, whether by implication, estoppel, or otherwise. Subject to your compliance with this Agreement, you may download copies of any Content required to be downloaded in connection with the Application you desire, and you may use such downloaded Content solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained on such documents.  Company cannot guarantee that technical difficulties will not occur during the download of Content or that Content will download successfully.  You further acknowledge that you do not acquire any ownership rights by using the Application, Content or content provided by any third party.  Any rights not expressly granted herein to you are hereby reserved by Company.
    • Copyrights. All of the Application’s designs, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2019, Bubby LLC ALL RIGHTS RESERVED.
    • Trademarks. “Bubby,” Company’s logo, and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Company.  All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.  The trademarks, logos, and service marks displayed in the Application (collectively the “Trademarks”) are the registered and unregistered trademarks of Company, Company’s licensors and suppliers, and others.  Nothing contained in the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of Company, Company’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
  2. Third-Party Materials and User Content.
    • The Application may incorporate, integrate, display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use of them are entirely at your own risk and subject to such third parties’ terms and conditions.
    • We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Application by third parties, whether such third parties are visitors to the Application, members, or others. The opinions expressed in the third party content reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Company.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information.  Under no circumstances will Company or Company’s affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Application.  If notified by a user of User Content posted in the Application by you that allegedly does not conform to this Agreement, Company may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove such User Content.  FOR THE AVOIDANCE OF DOUBT, COMPANY HAS NO RIGHT TO MODIFY ANY CONTENT POSTED THROUGH OR BY USE OF THE APPLICATION TO ANY THIRD PARTY APPLICATION OR WEBSITE, AND COMPANY WILL NOT REVIEW ANY SUCH USER CONTENT.
    • Company does not claim any ownership rights in Content that you post on the Application or by use of or through the Application (collectively “User Content”) in any form. . After posting your User Content to or through the Application, you continue to retain any such rights that you may have in your User Content, subject to the license herein.  By displaying or publishing any User Content on or through the Application, you hereby grant to Company and its designees an assignable license to use, publicly perform, publicly display, reproduce, and distribute such User Content solely in connection with Company’s business, including, without limitation, for demonstration purposes, in Company’s sole discretion.
    • Further, for User Content uploaded on the Application (BUT NOT TO THIRD PARTY WEBSITES AND APPLICATIONS), this license shall also grant to Company the right, but not the obligation or duty, to modify, delete from, add to such User Content. This license shall be non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable, worldwide, and perpetual.  None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content.  If Company does decide, in its sole discretion, to attribute User Content to you, you hereby grant Company the right to use your user name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your user name.  Company may reject, refuse to post or delete any User Content on Interactive Boards for any or no reason, including User Content that in the sole judgment of Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
    • Company assumes no responsibility for monitoring the User Content posted to the Application and its Interactive Boards for Prohibited Content or inappropriate or offensive conduct.  If at any time Company chooses, in its sole discretion, to monitor the Application, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
    • YOU ARE SOLELY RESPONSIBLE FOR THE USER CONTENT THAT YOU POST ON THE APPLICATION OR BY USE OF OR THROUGH THE APPLICATION, AND ANY MATERIAL OR INFORMATION THAT YOU TRANSMIT TO OTHER PARTIES AND FOR YOUR INTERACTIONS WITH OTHER PARTIES (INCLUDING BUT NOT LIMITED TO THIRD-PARTY PROVIDERS).
    • Company is and shall be under no obligation to (1) pay to user any compensation for any User Content, (2) review or modify any User Content, (3) respond to any User Content, or (4) post any User Content to the Application.

 

  1. Making Purchases. If you wish to purchase products or services described in the Application (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, information related to credit card, debit card, Paypal and/or whatever payment method is accepted by Company, as well as similar and/or other related information. You understand that any such information will be treated by Company in the manner described in Company’s Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.  The sale of certain products and services may be regulated by certain state, county and city laws or regulations.  You acknowledge that complying with such laws is your responsibility, and YOU AGREE NOT TO HOLD COMPANY LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR COMPANY’S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW.

You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.  You agree that you will only use credit cards belonging to you or an affiliated company. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase Company products or services. You grant Company the right to provide third parties with any information you submit for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

  1. Pricing and Fees.  Prices posted in the Application represent the fees which are payable to Company for your use of and/or access to certain services and/or Content.  You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a charge is made. We reserve the right to institute new fees or charges effective upon notice in the Application. When prompted to do so, you must provide us with valid payment information. If payments cannot be processed or are returned for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by Company.
  2. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing that is the subject of infringing activity and that you are requesting to be removed or access to which is to be disabled and information reasonably sufficient to permit Company to locate the material;
    • Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement 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
    • 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 owner of an exclusive right that is allegedly infringed.

Company’s designated Copyright Agent to receive notifications of claimed infringement is: ________________________________[2].  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company’s customer service to info@Bubby.com.  You acknowledge that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.

  1. Term and Termination.
    • The term of this Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 15.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • Notwithstanding anything to the contrary in this Agreement, Company reserves the right, without notice and in Company’s sole discretion, to suspend or terminate your ability to use the Application (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Application). You agree that Company shall not be liable to you or any third party for any suspension or termination of your access to the Application.  Further, you agree not to attempt to use the Application after said suspension or termination unless you have received prior written permission from Company.
    • Upon termination:
      • all rights granted to you under this Agreement will also terminate;
      • you must promptly destroy all Content downloaded or otherwise obtained from the Application, as well as all copies of such Content, whether made under this Agreement or otherwise; and
      • you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    • Termination will not limit any of Company’s rights or remedies at law or in equity.
  2. Disclaimer of Warranties. No representations or warranties, express or implied, are given regarding Content or your use of the Application.  Company’s liability is limited only to amounts paid by you to Company.  If you are not satisfied with Company’s service please contact our customer service department at info@Bubby.com.

Without limiting the generality of the foregoing, you agree that use of the Application, Content and the Services hereunder, including without limitation User Content, is entirely at your own risk.  Company assumes no responsibility for errors or omissions in the Application or  Content, including any User Content, or any third-party application. The Application and Content are provided on an “as is” or “as available” basis, without any warranties of any kind. Company does not warrant the quality, accuracy, security, reliability, completeness, or timeliness of the Application, Content, the services, or any other information, text, graphics, links or other items contained within Content or any third-party application.  To the fullest extent permitted by law Company disclaims any warranties for and does not assume any responsibility for any incompleteness, errors, security, reliability, timeliness, viruses, harmful components or effects, vulnerabilities, bugs, problems, omissions, inaccuracies or other limitations in, or interruptions in the operation of the Application, Content, the services hereunder, or any other information, text, graphics, links or other items contained within Content or any third-party application, or any other services or goods received through or advertised in the Application, or accessed through any links in the Application.  All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law, Company makes no commitment to update the information, including Content contained in, and sold through, the Application.  You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and/or other equipment needed to access and use the Application, and all charges related thereto.  Your use of the Application, Content and/or any of the services or products provided through the Application or any third-party application are entirely done so at your own risk.

  1. Limitations of Liability.

Under no circumstances shall Company, its affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents be liable to you or any third party under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Application, the services, including without limitation Content,  User Content, contained in the Application, or any other linked website or application or any product or service purchased through the Application or any other site, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if Company has been advised of the possibility of such damages), including without limitation, damages for loss of business, loss of data or lost profits) resulting from any aspect of your use of the Application or the services hereunder, including without limitation Content, whether the damages arise from use or misuse of the Application or the services, from inability to use the Application or the services hereunder, or the interruption, suspension, modification, alteration, or termination of the Application or the services hereunder. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Application or the services hereunder or any links in the Application, as well as by reason of any information received through or advertised in connection with the Application or the services or any links in the Application.  These limitations shall apply to the fullest extent permitted by law. If your use of Content from the Application results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

To the extent that the foregoing limitations on liability above are limited or restricted by law, your sole and exclusive remedy and Company’s absolute limit of liability in connection with any lawsuit, claim or cause whatsoever directly or indirectly relating to or arising out of or relating in any way to the Application and Content, whether based on contract, tort or any other legal theory of recovery, shall in all cases be strictly limited to the price paid by you directly to Company in connection with such access to or use of the Application and Content.  You acknowledge and agree that, if the limitations of liability set forth above are limited or restricted by law, the exclusive remedy set forth in this Section 17 shall be your sole remedy even if such remedy fails in its essential purpose for any reason whatsoever, and in no event shall Company be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if Company has been advised of the possibility of such damages), to you or any third party.

  1. Indemnity. You agree to defend, indemnify and hold Company and Company’s affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents harmless from any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Application and Content your violation of this Agreement and/or Privacy Policy, or your breach of any of the representations, warranties, covenants, and/or agreements herein.

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE APPLICATION, THE SERVICES, DOCUMENTS OR TOOLS INTEGRATED THEREIN, AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS UPON WHICH THIS AGREEMENT IS ESTABLISHED, AND UPON WHICH COMPANY HAS PROVIDED TO YOU ACCESS TO OR USE OF THE APPLICATION, THE SERVICES AND/OR CONTENT.  YOU AGREE THAT THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 16-18 WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

  1. Promotional Offers, Contests and Sweepstakes.  Company may from time to time offer participation in promotional offers, contests and sweepstakes in the Application. Your participation in these offers, contests and sweepstakes is governed by the express rules applicable to each such offer, contest or sweepstakes.
  2. Technical Support Issues. If you encounter a technical problem when attempting to print or otherwise access your completed form, or some other problem you may encounter in attempting to utilize the Application, Company’s customer service representatives may be able to assist you with your problem.

If you contact Company’s customer service representatives and request that a customer service representative remotely control your Mobile Device in order to try to resolve your technical problem, you acknowledge and accept that Company has no obligation to do so, and, if it does so, shall not be liable for any technical problems that may persist or arise with your Mobile Device after doing so.

  1. Inaccuracy. From time to time there may be information on the Application that contains typographical errors, inaccuracies, or omissions. Company may correct errors, inaccuracies, or omissions and change or update information at any time without notice. Company apologizes for any inconvenience this may cause you.  Notwithstanding anything else herein, you are not entitled to rely on any error, inaccuracy, or omission, and as such relate to quotations, pricing, or other aspects of Transactions, you hereby authorize Company to charge the correct amounts to your account in each instance.
  2. General information. This Agreement constitutes the entire agreement between you and Company and governs your use of the Application and Content, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement does not limit any rights that Company may have under trade secret, copyright, patent, trademark or other laws. The employees of Company are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You warrant, represent and agree that, by accessing and/or using the Application, Content and/or any User Content, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of this Agreement, (ii) have carefully read and considered this Agreement and fully understand its contents and the significance of its contents, (iii) are consenting to this Agreement of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to this Agreement.

This Agreement and the relationship between you and Company shall be governed by the laws of the State of Nevada without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Application and this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Clark, State of Nevada. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Company with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Clark, State of Nevada shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Application or this Agreement. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Application or Content and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that this Agreement shall not be construed against the drafting party, i.e., Company.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY’S ENTERING INTO THIS AGREEMENT.

YOU AND COMPANY AGREE THAT YOU MAY BRING CLAIMS, AS APPLICABLE, AGAINST THE COMPANY ONLY IN YOUR  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Company agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

In addition, in the event of a breach of this Agreement by you, Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which Company may have for damages under this Agreement or otherwise, and all of Company’s rights and remedies will be unrestricted.

Company makes no representation with respect to the laws of nations other than the United States, or that the Application, or any part thereof, is appropriate or available for use in any particular jurisdiction.  Those who choose to purchase, install, and/or use the Application do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  By using the Application, visitors from outside of the United States of America acknowledge this Agreement and all matters related to the Application are subject to the laws and regulations of the United States of America, subject to the governing law herein, and waive any claims that may arise under their own national laws.

  1. Questions. If you have any questions, comments or complaints regarding this Agreement or the Application, feel free to contact us at info@Bubby.com.
  2. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Application are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  3. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
  4. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  5. Entire Agreement. This Agreement, the Privacy Policy, and any other documents incorporated herein by reference constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  6. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
  7. Conflicting Terms. If you have been provided with a non-English translation of this Agreement, the English language version will govern your relationship with Company, and will control in the event of a conflict. Any translation is provided, is provided solely for your convenience.  In the event of a conflict between the terms of this Agreement and any work order, the terms of this Agreement control.  In the event of any conflict between the terms of this Agreement and any amendment, addendum, or other modification to the Agreement promulgated or published by Company, then the terms of the other document will control with respect to the applicable matters.
  8. Consent to Phone and Email Contact, Notice, and Related Matters. Company may call or text you or authorize others to call or text you on Company’s behalf using any number you provide to Company for any purpose.  This consent shall supersede your registration of such number on any state or federal “do not call” lists.  You are responsible for charges for incoming text messages on your phone.  You may however, opt out of calls marketing Company’s services by notifying Company of your request to not be contacted by phone for marketing purposes.  You agree that Company may monitor or record your telephone conversations with Company (whether Company calls you, or you call Company).  If you do not wish your telephone conversations with Company to be monitored or recorded, you should conduct your communications with Company via email.  Company may email you or authorize others to email you on Company’s behalf using any address you provide to Company for any purpose, including marketing of Company’s services. Similar to the phone marketing opt-out, you may opt out of receiving marketing and promotional emails by emailing your request to Company.

 

You authorize Company to provide required notices to you  on Company’s website, in or on any bill or invoice provided to you, via email, or by any other communication permitted under applicable law.  Company may ask you to provide consents or authorizations, including by electronic means including email or via the Application .  Given the nature of the Application, any such electronic agreement using your User ID and/or PIN shall operate as your direct consent or authorization, and you agree that Company rely on such consent or authorization. Upon Company’s request, you will provide Company with a current email address that you regularly check so that Company may provide notices and communications to you at that address. If you stop using that email address, you will provide Company with a new address for such purposes.

 

Last updated February 23 2021

[1] Any under 18 users?

[2] You tell me.