Terms and Conditions
TERMS AND CONDITIONS
1. SCOPE OF SERVICES
- Terms and Conditions govern the User’s access to and use of Bubbler Services, including its products, Messenger, APIs, email notifications, mobile and web applications, websites, widgets, ads, commerce services, and any other services that are provided by Bubbler to the User under this Agreement (hereinafter collectively the “Services”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (hereinafter collectively the “Content”).
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Bubbler on the Services are subject to change.
- Bubbler hereby grants the User the access to and use of the Services, and the User agrees that Bubbler and its third-party service providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by the User or others.
2. BASIC TERMS OF SERVICES
- The User’s access to and use of the Services are conditioned on the User’s acceptance of and compliance with this Agreement. By accessing or using the Services the User agrees to be bound by this Agreement.
- The User is responsible for its own use of the Services, for any Content the User posts to the Services, and for any consequences thereof.
- The Content the User submits, posts or displays through the Services is public by default and will be able to be viewed by other users and through third-party services and websites.
- The User may use the Services only if they are allowed to enter into a binding contractual relationship with Bubbler and if they are not prevented from receiving Services under the laws of Georgia.
- The User may use the Services if they are at least 18 years old (minimum age requirement). Where the User is below the age of 18 years, the User may use Services only if and to the extent that consent is given by the holder of parental responsibility over the User.
- If the User accepts these Terms and Conditions and uses the Services on behalf of a company, organization, government, or other legal entity, the User hereby represents and warrants that it is authorized to do so under applicable laws of Georgia.
- The User hereby represents and warrants that the User’s access or use of Bubbler Services for business/commercial and/or any other purposes complies with all applicable laws, rules and regulations.
- The User may use the Services only in compliance with these Terms and Conditions and all applicable local, national, and international laws, rules and regulations.
- The form and nature of the Services that Bubbler provides may change from time to time without prior notice to the User. Bubbler may also permanently stop or temporarily suspend providing the Services to the User without prior notice. Bubbler also reserves the right to limit the use and storage in it’s sole discretion at any time without prior notice to the User.
- As part of providing the User with the Services, Bubbler may need to provide the User with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and User’s account, which the User may not be able to opt out from receiving.
- The User is responsible for the security of the password that they use to access the Services and for any activities or actions under the password. Bubbler encourages the User to use “strong” passwords with the following requirements: minimum length: 8 characters, a combination of upper- and lower-case letters (a-z, A-Z) numbers (0-9) and symbols, maximum of 3 (three) previous passwords should not be used by the User.
- Bubbler will not be liable for any loss or damage arising from the User’s failure to comply with the above-stated requirements for creating the password.
- All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Bubbler does not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by User through the Services is at the User’s own risk.
- Bubbler does not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. The User hereby understands that by using the Services, the User may be exposed to 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 Bubbler be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
5. USER’S RIGHTS
- The User retains their rights to any Content they submit, post or display on or through the Services. The User owns the intellectual property rights in any such Content and they are free to share their Content with anyone else, through the Services.
- The User is entitled to delete the Content posted by them through the Services individually or entirely and it will no longer be visible to other users. However, such removed Content may continue to exist elsewhere on Bubbler systems.
- Bubbler gives the User a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to the User by Bubbler as part of the Services. This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Services as provided by Bubbler, in the manner permitted by these Terms and Conditions.
- If the User downloads or uses the software of Bubbler, the User hereby gives Bubbler the permission to download and install updates to the software, where available.
6. RIGHTS OF Bubbler
- By submitting, posting or displaying Content on or through the Services, the User grants Bubbler a worldwide, non-exclusive, royalty free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods, including in advertisements and campaigns. The User hereby authorizes Bubbler to make the User’s Content on the Services available to the public.
- The User agrees that the license provided for in clause 6.1 includes the right for Bubbler to provide, promote, and improve the Services and to make Content submitted to or through the Services available to public, to use the Content that was uploaded on Bubbler for commercial purposes, to share the posts on other social networks, platforms and channels without notifying the User, asking for permission, giving explanation and or giving any type of credit to the original author of the content.
- Such additional uses referred to in clauses 6.1-6.2 by Bubbler or other companies, organizations or individuals who partner with Bubbler may be made without any compensation paid to the User with respect to the Content that the User submits, posts, transmits or otherwise makes available through the Services.
- Bubbler may modify or adapt the User’s Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
- The User hereby gives Bubbler permission to use their name and profile picture and information about actions that User may take on Bubbler in connection with ads, offers and other sponsored content that Feedc displays across it’s Services, without payment of any compensation to the User.
7. INTELLECTUAL PROPERTY RIGHTS
- All rights and titles to the Services (except for the Content provided by the User) are and will remain the exclusive property of Bubbler. The Services are protected by copyright, trademark and other applicable laws of Georgia.
- If the User uses the content covered by intellectual property rights of Bubbler (for instance, images, designs, videos or sounds that Bubbler provides) Bubbler retains all rights to that content.
- Noting in these Terms and Conditions gives the User a right to use the Bubbler name or any of the Bubbler trademarks, logos, domain names and any other distinctive brand features.
8. RESTRICTIONS ON CONTENT AND USE OF SERVICES
- The User shall not use the Services and/or share any Content through the Services that:
- breaches this Agreement and other terms and policies that apply to the use of Bubbler Services;
- is unlawful, abusive, misleading, discriminatory or fraudulent;
- violates other’s rights, including their intellectual property rights.
- The User shall not upload the Content through the Services that might contain viruses or malicious code or do anything that might cause disability or malfunction of the Bubbler Services.
- Bubbler reserves a right to remove or restrict access to the Content that is in violation of the requirements set forth in this article, without sending prior notice to the User.
- The User shall not use their username, display name or profile information to engage in any abusive behavior, such as targeted harassment, discrimination or expressing hate towards other people.
9. LIABILITY AND INDEMNIFICATION
- The User is responsible for the use of the Services, for any Content the User provides, and for any consequences thereof, including the use of their Content by other users. The User hereby understands that their Content may be syndicated, broadcast, distributed, or published by Bubbler and if the User does not have the right to submit Content for such use, it may subject the User to liability.
- Bubbler will not be responsible for any use of the User’s Content by Bubbler in accordance with these Terms and Conditions. The User hereby represents and warrants that the User has all the rights, power and authority necessary to exercise the right to submit the Content through the Services.
- The User hereby agrees that Bubbler is not liable for the actions and services, content or data of third parties and the User releases Bubbler, their directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way in connection with any claim that the User may have against any such third parties.
- If anyone brings a claim, cause of action or dispute against Bubbler, which is related to the User’s services, actions, content of information available through the Services, the User hereby agrees to indemnify and hold harmless Bubbler from and against all damages, losses and expenses of any kind related to any such claim, cause of action or dispute.
10. LIMITATION ON LIABILITY
- The User’s access to and use of the Services or any Content are at the User’s own risk.
- The User hereby understands and agrees that the Services are provided to the User on an “as is” basis. The Bubbler makes no guarantees that the Services will always be safe, secure or that they will function without disruptions or delays.
- Bubbler is not responsible for the User’s actions or conduct (whether online or offline) or any content that the User shares through the Services (including offensive, inappropriate, unlawful and other objectionable content). Should Bubbler receive any objection/report pertaining to any such action/content described in this clause, Bubbler shall consider such objection/report and shall make decision within 48 (fourty eight) hours after receiving a report to remove the post/content and/or to delete the User’s account.
- The Services may contain links to third-party websites or resources. The User hereby acknowledges sole responsibility for and assumes all risk arising from their use of any such websites or resources. The User agrees that Bubbler is not responsible for the availability or accuracy of such websites or resources or the content or services available from such websites or resources.
- The liability of Bubbler shall be limited to the fullest extent permitted by applicable law and under no circumstances will Bubbler be liable to the User for any lost profits, revenues, information or data, or special, indirect or incidental damages arising out of or related to this Agreement.
11. TERMINATION AND SUSPENSION OF THE USER’S ACCOUNT
- Bubbler is entitled to suspend (temporarily) the User’s account on first violation in the following events:
- The User’s profile information includes any abusive behaviors (broadly interpreted);
- If the User infringes this Agreement and other rules and policies applicable to the use of Services;
- If the User creates risk or possible legal exposure for Bubbler;
- If the User violates the intellectual property rights of others.
- In the event of repeated violations as provided for in clause 11.1 Bubbler shall be entitled to delete the User’s account.
- Bubbler is entitled to suspend/terminate the User’s account without sending prior notice to the User.
- The User is entitled to terminate this Agreement by deactivating and/or deleting their account and discontinuing their use of the Services.
12. APPLICABLE LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance with Georgian laws, without regard to it’s conflict of law provisions.
- Any claim, cause of action or dispute arising out of and/or in relation to this Agreement shall be resolved exclusively by Georgian courts and the User hereby irrevocably consents to the exclusive jurisdiction of Georgian courts in respect of any claims arising hereunder.
13. FINAL PROVISIONS
- If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, this will not affect the validity, lawfulness and enforceability of other provisions of this Agreement.
- Bubbler may revise and update this Agreement and other policies incorporated herein from time to time and Bubbler will notify the User of any such changes and updates. By continuing to access or use the Services after any notice of updates to this Agreement, the User hereby agrees to by bound by them. If the User does not agree to the updated terms, the User may stop all access and use of the Services.
- The User shall not transfer rights and obligations under this Agreement to any third parties without prior written consent of Bubbler.
- All rights and obligations of Bubbler under this Agreement are assignable by Bubbler in connection with a merger, acquisition or sale of assets, by operation of law or otherwise.
Effective Date: [January 19, 2023]