These Terms of Service (or “Terms” for short) are a legal agreement between you and Bublup, Inc. Please read the Terms carefully. With each section, we have included some short summaries, but please note that the whole agreement is legally binding.
By using any of Bublup’s websites, mobile applications, browser extensions, and other products and services (or “Services” for short) you agree to the Terms. If you don’t agree with any of the Terms, please simply stop using Bublup and send us an email about your concerns (firstname.lastname@example.org). Please note that we may update the Services and the Terms from time to time as explained in more detail below.
You must be at least 13 to use Bublup and a real person – no fake accounts please!
To use the Services, you must be able to form a legally binding contract with Bublup. By using the Services, you affirm that you are: (i) at least 18 years of age, (ii) an emancipated minor, or (iii) at least 13 years of age and you received the consent of your parent or legal guardian. If you are under the age of 13, you may not use the Services. When you create a Bublup account, you must provide accurate and complete information.
We would love for you to use Bublup, but you must be nice. Please don’t try to break Bublup, don’t do anything illegal, and don’t be mean to other people.
Bublup grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms. In other words, you may only use the Services as expressly permitted in this agreement.
With certain features, you can save web links, images, videos, text, and other materials (referred to as “Content”) to access at a later time, publish in a Roll, or share with others. You are solely responsible for this Content. You shall not, at any time, use the Services to save Content that is illegal or infringes the privacy, publicity, or intellectual property rights of others. And you shall not use the Services to bully, harass, intimidate, or defame anyone. For more information about the Content you may use with Bublup, please see “Bublup’s Acceptable Content Policy” below.
You must also respect Bublup’s rights, meaning you shall not:
You are solely responsible for the stuff you save and share on Bublup. Make sure you have the legal rights to do these things. When you put stuff on Bublup, you give us certain rights that we need in order to follow your instructions, like when you ask us to save, publish, and share your stuff. We can also remove any content that is illegal or violates our policies.
Much of the content on the Web, including text, images, and videos, is protected by copyright and/or other intellectual property rights. When you use the Services to save Content to your account (referred to as “your Content”), you are solely responsible for that Content. Solely for the purpose of providing the Services to you, you grant Bublup a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content.
There are some things that we just don’t want on Bublup. If we find something that’s illegal, hateful, or harmful to others, we will remove it.
We want Bublup to be a fun and safe place for you to organize, share, and discover new stuff. To meet that goal, we created some guidelines to help you understand the types of Content that we do and do not allow on Bublup. In some cases, our software will automatically remove or hide Content that violates this policy. In other cases, we may manually remove or hide Content in response to reports from Bublup users. If you ever feel that your Content was removed or hidden in error, please email us at email@example.com.
Bublup has a lot of useful features, some of which are the result of integrations with third-party service providers. For example, we integrate the YouTube API Services so that you can save links to YouTube content and later view that content without leaving Bublup. Services like YouTube have their own terms of service, and by using Bublup, you agree to also be bound by those third-party terms. We will provide links to applicable third-party terms of service here.
Some of our plans cost money. When you sign up for a paid plan, you agree that we can automatically charge your credit card each month until you cancel. If we change our prices, we will give you plenty of notice, but it’s still up to you to cancel.
Bublup may offer any combination of free, promotional, and paid plans. When you subscribe to a paid plan, you agree to pay the fees associated with that plan, including any applicable taxes, in the currency shown at the time of purchase (the “Fees”). You must provide us with complete and accurate payment information, and you authorize us to charge the Fees to your payment method. If your payment information is incorrect or unauthorized, you understand that we may downgrade your subscription to a free plan until we receive proper payment.
The day you first subscribe to a paid plan establishes your renewal date. When you select a monthly subscription, your plan will automatically renew every month on your renewal date (e.g., the 12th of every month). We will charge the corresponding Fees to your credit card on or about your renewal date until you cancel your subscription.
You may upgrade, downgrade, or cancel your subscription at any time (cancelling your subscription is the same as downgrading to a free plan). When you downgrade from or cancel a paid plan, the change will take effect on your next renewal date. For example, if you subscribe to a monthly paid plan that renews on the 12th of every month, and you cancel on the 2nd of the month, you will maintain your paid plan through the 11th of that month. Bublup does not provide refunds for partial months. When you upgrade to a paid plan, the change will take effect immediately and establish a new renewal date. Bublup will immediately charge the Fees for the upgraded plan and apply a credit for any unused portion of your prior paid plan’s subscription.
Promotional plans expire on the date provided with the promotion. Upon expiration, a promotional plan will automatically convert to a free plan if you do not currently subscribe to a paid plan. Bublup does not provide any service credits if you subscribe to a paid plan while you have an unexpired promotional plan.
Bublup may change the Fees at any time, and we will notify you if we do so. If you don’t agree to the changes, you must downgrade or cancel your paid subscription prior to your next renewal date.
We greatly appreciate your suggestions on how to make Bublup better. Unfortunately, we can’t compensate you for your ideas.
Bublup is constantly evolving, and we hope that you will tell us how we can improve the Services. If you provide us with any feedback, you agree that we may use the feedback without restriction and without providing any compensation to you. By accepting your feedback, Bublup does not waive any of its rights to any intellectual property that Bublup developed independently or obtained from other sources. Please do not share information with Bublup that you, or a third party to whom you owe a duty of confidentiality, consider to be confidential.
We respect everyone’s intellectual property rights, and we work hard to comply with corresponding laws. If you believe that your content is being misused or was mistakenly removed from Bublup, let us know as described in more detail below.
Bublup respects the intellectual property rights of others and expects you to do the same. Bublup reserves the right to terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (“DMCA”) specifies rules for proper notification and takedown of infringing Content. In accordance with these rules, if you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Please note that Bublup may not consider your DMCA notice if you do not include all of the above information. Our Copyright Agent may be reached at firstname.lastname@example.org or:
Attention: Bublup Copyright Agent
1000 Wilson Blvd.
Arlington, VA 22209
You may also submit DMCA notices using our online form (when available).
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to save and use the material in your Content, you may send a counter-notice containing the following information to Bublup’s Copyright Agent:
If Bublup’s Copyright Agent receives a counter-notice, Bublup may send a copy to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at Bublup’s sole discretion.
Occasionally, some people do bad things. When that happens, we can terminate or suspend their accounts as necessary.
Bublup may terminate or suspend your account at any time, for any reason, and with or without notice to you. Upon termination or suspension, you continue to be bound by these Terms.
Bublup comes without warranties of any kind, and we aren’t responsible for content saved and shared by our users, some of which you may find objectionable. If Bublup isn’t for you, then please let us know how to make it better or simply stop using it.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BUBLUP, ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “BUBLUP PARTIES”) DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT, AND YOU AGREE THAT THE BUBLUP PARTIES WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE BUBLUP PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TTHE SERVICES ARE CONTROLLED AND OFFERED BY BUBLUP FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE BUBLUP PARTIES MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
We aren’t liable for any damages or injuries you sustain while using Bublup.
IN NO EVENT SHALL THE BUBLUP PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, (B) CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (D) UNAUTHORIZED USE OR ACCESS TO THE SERVICES, (E) PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED WITH THE SERVICES, (F) BUGS, VIRUSES, TROJAN HORSES, SPAM, PHISHING ATTEMPTS, OR OTHER MALICIOUS CONTENT WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (G) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT SAVED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BUBLUP PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE BUBLUP PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO BUBLUP OVER THE MOST RECENT 30-DAY PERIOD. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Hopefully our team can address any issues you might experience with Bublup, but if you decide to sue us, you must do so in Virginia. And if someone sues us for something you did, then you, and not Bublup, will be responsible.
If anyone brings a claim against any of the Bublup Parties related to your actions or Content you save, you will defend, indemnify and hold harmless the Bublup Parties from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. This defense and indemnification obligation will survive these Terms and your use of the Services.
You agree that the Services shall be deemed solely based in the Commonwealth of Virginia (USA) and do not give rise to personal jurisdiction over the Bublup Parties, either specific or general, in jurisdictions other than Virginia. These Terms shall be governed by the internal substantive laws of Virginia without respect to its conflict of laws principles.
You will resolve any claim, cause of action, or dispute (“claim”) you have with the Bublup Parties arising out of the Services exclusively in a court of competent jurisdiction located in Fairfax County, Virginia (USA), and you agree to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims. YOU SHALL BRING ANY SUCH CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
Our agreement with you is limited to documents signed or approved by Bublup.
We can amend the terms at any time, and we’ll always post the most current version on our website. We can also change or eliminate Bublup features without notice to you.
Bublup reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. The most current version of the Terms will always be posted on our website. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Services.
We can also change the Services from time to time as we evolve, refine, or add more features. This will often happen without prior notice to you. In addition, Bublup may temporarily or permanently stop providing the Services altogether, or any features within the Services, and we may not be able to provide you with prior notice.
You can’t transfer this agreement to anyone else.
These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by Bublup without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void.