Terms of Service
Thanks for your interest in Bublup, its website, mobile applications, and other products and services (or “Services” for short). We are pleased to offer the Services to you in accordance with these Terms of Service (or “Terms” for short). The Terms govern our relationship with you and create a legally binding contract. For that reason, please read the Terms carefully. By using the Services, 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 (see www.bublup.com for contact info). Please note that we may update the Terms from time to time as explained in more detail below.
1. Who Can Use the Services
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.
2. Rights Bublup Grants to You
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. 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.
You must also respect Bublup’s rights, meaning you shall not:
- use Bublup’s logo, trademark or branding without Bublup’s prior written consent;
- distribute any part of the Services without Bublup’s prior written consent;
- attempt to alter, break, circumvent, disrupt, or reverse engineer any part of the Services;
- attempt to manipulate or influence any part of the Services;
- use or launch any automated means (including scripts, bots, crawlers, spiders, and scrapers) to create accounts, access, or use the Services;
- sell access to the Services;
- share your password, let anyone access your account, or do anything that might put your account at risk;
- use the Services to develop a product or service that is competitive or similar to the Services; or
- use the Services in violation of any applicable law or regulation.
3. Rights You Grant to Bublup
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 (referred to as “your Content”), you are solely responsible for that Content. So that we can provide 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.
4. Feedback You Provide
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.
5. Copyright Policy
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.
Copyright Infringement Notification
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):
- 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 or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bublup to locate the material.
- Information reasonably sufficient to permit Bublup to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner which is the subject of the complaint is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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
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:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court in Fairfax, Virginia, and that you will accept service of process from the person who provided notification of the alleged infringement.
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.
6. Right of Control and Termination
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.
7. Warranty Disclaimer
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.
THE 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.
8. Limitation of Liability / Waiver
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, INABILTY 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) ANY UNAUTHORIZED USE OR ACCESS TO THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREWITH, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY 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 TEN UNITED STATES DOLLARS ($10.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Disputes / Indemnity
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.
10. Entire Agreement / Severability
11. Revisions of the Terms
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.
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.