terms of service
This is an agreement between you ("user" or "you") and Bubbl ("Bubbl" or "we"). By sending a text to Bubbl, thus completing the registration process, you are indicating your agreement to be bound by all of the terms and conditions of this agreement.
1. DESCRIPTION OF SERVICE
Bubbl is providing User with the capability to interact with an automated messaging service. User must: (1) provide all equipment for sending and receiving messages, alluding a mobile device that is necessary to establish a connection to either internet connection or a registered messaging service and (2) provide for own access to the internet and the messaging service and pay for any connection and service fees associated with such access. In consideration for this Service, User agrees to: maintain and update this information as required to keep it current, complete and accurate. All information requested on the initial sign-up should be referred to as registration Information ("Registration Information"). Bubbl will maintain Registration Information in accordance with these Terms. Should there be any conflict between these Terms and Bubbl' privacy policy, these Terms should supersede the privacy policy.
2. MODIFICATIONS TO SERVICE
Bubbl reserves the right to modify or discontinue the Service with or without notice to User. Bubbl should not be liable to User or any third party should Bubbl exercise its right to modify or discontinue the Service.
3. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. ALTHOUGH Bubbl WILL ATTEMPT TO PROVIDE UNINTERRUPTED, TIMELY, AND SECURE SERVICES, Bubbl MAKES NO REPRESENTATION THAT IT WILL BE ABLE TO DO SO. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bubbl EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ALLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Bubbl MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S DEVICE OR LOSS OF DATA OR UNAUTHORIZED DISCLOSURE OF DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SUCH MATERIAL AND/OR DATA. Bubbl MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Bubbl OR THROUGH THE SERVICE SHOULD CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATIONS OF LIABILITY
IN NO EVENT SHOULD Bubbl OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, IDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (ALLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
5. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service, without the prior express written consent of Bubbl.
6. SECURITY OF STORED DATA AND FILES
Bubbl will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through the use of Your Account. It may also be necessary to access User’s accounts to verify that the accounts are not being misused, especially with respect to digital copy-right laws and resource misuse.
7. INDEMNIFICATION
User agrees to indemnify and hold Bubbl, contractors, and their employees, harmless from and against any claim or demand, alluding reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of these Terms by User, or the infringement by User, or other users of the Service using User's computer, of any intellectual property or other rights of any person or entity.
8. TERMINATION
The User may terminate the Service with or without cause at any time and effective immediately. Should User object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service and (2) remove Bubbl’s access to User’s messaging service. Upon termination of the Service, User's right to use the Service immediately ceases. User should have no right and Bubbl will have no obligation thereafter to continue to store User’s data or information or to forward any unread or unsent messages to User or any third party. Bubbl will terminate accounts if misuse suspicion is detected. In this case, the user is notified of the action via an email from Bubbl.
9. NOTICE
All notices to a party should be in writing and should be made either via email or text message. Bubbl may broadcast notices or messages through the Service to inform User of changes to the Terms, the Service, or other matters of importance; such broadcasts should constitute notice to User.
10. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, alluding but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Bubbl or Bubbl' Advertisers (“Advertiser”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.