TERMS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY
Best Friend Labs, LLC ("Best Friend Labs," "we," and "us") operates the Bubby mobile app and related website (www.bubby.love). By using Bubby in any manner, you accept these Terms of Service ("Agreement"). If you do not wish to be bound by this agreement, do not use Bubby.
Who May Use Bubby
You must be 18 years old or older to use Bubby. By using Bubby, you represent and assume that you have the authority and capacity to enter into this agreement and to abide by all the terms listed in this agreement. By using this service, you represent that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Your membership for the service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
License to Use Bubby
Best Friend Labs grants you a limited, non-exclusive license to access and use Bubby for your own personal use and not for commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
You cannot reproduce, redistribute, sell, create derivative works, or disassemble Bubby unless expressly permitted by Best Friend Labs in writing. You may also not take any action to interfere with or damage Bubby. All rights are reserved by Best Friend Labs unless expressly granted in writing.
Terms and Termination of Account
This agreement begins on the date you use Bubby for the first time and will remain in full effect while you use the service, associated app and/or are a member, and after you have ended use of the service and/or ceased to be a member, including without limitation the “Resolution of Disputes” section below.
Best Friend Labs may suspend, disable, or delete your account if Best Friend Labs determines that you have violated any provision of this agreement or that your conduct or content would tend to damage Best Friend Labs’ reputation or goodwill. If Best Friend Labs deletes your account any reasons of misconduct, you may not re-register under a different name.
Upon termination, all licenses granted by Best Friend Labs will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available and Best Friend Labs Labs is not be responsible for the loss of such content.
Disclaimers and Limitation of Liability
You are solely responsible for your actions and interactions with other Bubby users. By using Bubby, you understand that Best Friend Labs does not conduct criminal background checks and does not verify or inquire into the background of its users. Best Friend Labs makes no representations or warranties as to the conduct of current or future users. Best Friend Labs makes no warranties in regard to the compatibility of its users and their interactions. Best Friend Labs reserves the right to conduct criminal background checks or any other screenings at anytime and reserves the right to use available public records. In no event will Best Friend Labs be liable for any damages, whether direct, indirect, general, special, consequential, and/or incidental, arising out or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation bodily injury, death, emotional distress, and or any other damages or otherwise resulting from communication or meeting with other users of the Bubby service or person you meet through Bubby. You agree to take reasonable precautions in all interactions with other users of the service, particularly if you decide to meet in person. Best Friend Labs reserves the right to modify Bubby. You are responsible for providing your own access to Bubby. Best Friend Labs has no obligation to screen or monitor any content and does not guarantee that any content available on Bubby complies with this agreement or is suitable for all users.
Best Friend Labs provides Bubby on an "as is" and "as available" basis. Therefore, you use Bubby at your own risk. Best Friend Labs disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Best Friend Labs makes no representations or warranties:
That Bubby will be permitted in your jurisdiction;
That Bubby will be uninterrupted or error-free;
Concerning any content submitted by any user;
Concerning any third party's use of content that you submit;
That any content you submit will be made available on Bubby or will be stored by Best Friend Labs;
That Best Friend Labs will continue to support any particular feature of Bubby;
Concerning sites and resources outside of Bubby, even if linked to from Bubby.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Bubby, and no warranties shall apply after such period.
Code of Conduct and Prohibited Activities
In using Bubby, you must behave in a civil and respectful manner at all times.
Further you will not:
Harass or stalk any other person;
Harm or exploit minors;
Act in a deceptive manner by, among other things, impersonating any person;
Collect information about others;
You will not express or imply that any statements you make are endorsed by Best Friend Labs without our specific prior written consent. You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the service or its contents. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Best Friend Labs has the right, but not the obligation, to monitor all conduct on and content submitted to Bubby.
You are solely responsible for the content that you publish or display (hereinafter, "post") on the service, or transmit to other members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Best Friend Labs or to any other user. If information provided to Best Friend Labs or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, "submit"):
Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
contains sexually explicit content;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Your use of the service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
Licenses Granted by You
You grant Best Friend Labs and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of Bubby permission to view your content for their personal, non-commercial purposes. If you make suggestions to Best Friend Labs on improving or adding new features to Bubby, Best Friend Labs shall have the right to use your suggestions without any compensation to you.
Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Best Friend Labs and grant the licenses set forth above; (ii) Best Friend Labs will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this agreement and all applicable laws.
You will indemnify, defend, and hold harmless Best Friend Labs and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Bubby; (ii) assert a violation by you of any term of this agreement; or (iii) assert that any content you submitted to Bubby violates any law or infringes any third party right, including any intellectual property or privacy right.
Third Party Copyrights and Other Rights Copyright Policy
Best Friend Labs respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Bubby do not infringe any third party copyright.
Best Friend Labs will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Best Friend Labs may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Any action arising out of or relating to this agreement or your use of Bubby must be commenced in the state or federal courts located in San Francisco County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Best Friend Labs and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:
Headings are for convenience only and shall not be used to construe the terms of this agreement. If any term of this agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this agreement. No failure or delay by Best Friend Labs in exercising any right hereunder will waive any further exercise of that right. Best Friend Labs' rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:
This agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this agreement without Best Friend Labs' prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from Best Friend Labs electronically. Best Friend Labs may provide all such communications by email or by posting them on Bubby. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at firstname.lastname@example.org.
MODIFICATION; ENTIRE AGREEMENT:
This agreement may not be modified except by a revised Terms of Service posted by Best Friend Labs on Bubby or a written amendment signed by an authorized representative of Best Labs. A revised Terms of Service will be effective as of the date it is posted. This agreement constitutes the entire understanding between Best Friend Labs and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.