ENGLISH END USER LICENSE AGREEMENT
This End User License Agreement (hereinafter referred to as »EULA«) is an agreement between You and Blub Blub Inc., having its registered address at 3500 South DuPont Highway, Suite AT-101, 19901 Dover, County of Kent, Delaware, United States (hereinafter referred to as “Blub Blub” or “Company”) regarding your use of the applications provided by Blub Blub that You installed, as well as any and all related updates and upgrades to such applications (hereinafter referred to as “Application”).
By installing, using, or otherwise accessing the Application You agree to the terms of this EULA. If You do not agree to the terms of this EULA or do not wish to be bound by them, please do not install, use or otherwise access the Application.
LIMITED LICENSE GRANT
Through the purchase or use of the Application, You are acquiring and Blub Blub grants you a personal, revocable, limited, non-sublicensable, non-exclusive and non-transferable license to install and use the Application for your own non-commercial use, subject to the limitations as defined in this EULA. The Application is being licensed to You and You acknowledge that no title or ownership of the Application is being transferred or assigned to You and that this EULA is not constructed as a sale of any rights of the Application. Your rights granted herein are subject to your compliance with the terms of this EULA and You agree not to use the Application for any other purpose. Any commercial use is prohibited. The Company reserves all rights not expressly granted to You in this EULA.
Any use of the Application in violation of this EULA and these License Limitations is strictly prohibited and can result in the immediate revocation of your limited license and it may trigger your liability for violations of law.
Unless You have received prior written approval from the Company, You agree not to:
- use cheats, automation software, bots, or any other unauthorized software designed to modify or interfere with the Application and/or any files that are part of the Application;
- commercially exploit the Application, its characters, design, artwork or any other part of the Application;
- create derivative works of the Application;
- access or use the Application with any technology or means other than those provided in the Application, or through other explicitly authorized means that the Company may designate;
- register domain names, social media accounts or related addresses that include the Company’s trademarks;
- use the Application or related assets and/or the Company’s trademarks on or in connection with content that (i) promotes cheats, violence, discrimination, inappropriate themes, illegal activities, or sexually explicit content; (ii) makes untrue, dishonest, disparaging, or libelous statements about Blub Blub and/or its products, employees, and agents; and/or (iii) contains other objectionable content;
- resell, copy, transfer, distribute, display, translate, or modify the Application or make derivative works of the Application or any part thereof;
- re-use, copy, or distribute text, pictures, music, video, data, hyperlinks, displays or any other content provided by the Application;
- redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties;
- seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing the use of any open-sourced components included within the Application;
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
- use the Application when operating vehicles;
- remove or alter the Company’s trademarks or logos or legal notices included in the Application or related assets;
- use the service to try to gain unauthorized access to any service, data, account or network by any means;
- use the Application in any way that is unlawful, fraudulent, or deceptive;
- use or launch any automated system to access the Company’s website or computer systems;
- attempt to introduce viruses or any other malicious computer code that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to the Company’s computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or would give rise to civil liability; or
- use the Application in any manner not expressly allowed in this EULA.
Blub Blub reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of this EULA. Moreover, Blub Blub reserves the right to take appropriate action as a result of your violation of this EULA, including but not limited from using the Application.
You must provide, at your own expense, the equipment, internet connection, or mobile device and/or service plans to access our Application. Blub Blub does not guarantee that the Application is available in all geographic locations. You acknowledge that when You use the Application, your wireless carrier may charge You fees for data, messaging or other wireless access. Check with your carrier to see if any such fees apply to You. You are solely responsible for any costs You incur to access the Application from your device. Your right to use the Application is also predicated on your compliance with any applicable terms of the agreement You have in place with third parties when using the Application.
3 TRIAL VERSION
If the Application was provided to You for trial use for a limited period of time or number of uses, You agree not to use the Application following the expiration of the trial period.
Although our Applications are free to download, all of our Applications offer subscriptions (hereinafter referred to as “Subscription”), which enable You to access all features of the Application. By signing up for a Subscription, You agree that your subscription will be automatically renewed and, unless You cancel your subscription, You authorize us to charge your account for the renewal term. The period of auto-renewal and the price of subscription will be the same as your initial subscription period and price, unless otherwise disclosed to You at the time of sale. You can manage your subscriptions in your app store account settings. You should be aware that deleting the Application from your device does not always result in the cancellation of your subscription.
Subscriptions are subject to the payment terms and conditions of the third party payment processor (e.g. Stripe) or mobile platform (e.g. iOS Platform, Android Platform, etc.) from which You make your purchase. Blub Blub does not control or manage the payment process. Please review the relevant terms and conditions of the applicable platform provider before signing up for any Subscriptions.
ALL PURCHASES ARE FINAL. YOU HEREBY ACKNOWLEDGE THAT BLUB BLUB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
WAIVER TO THE RIGHT OF WITHDRAWAL
You hereby acknowledge that by clicking “BUY”, “PURCHASE”, or similarly described button, in order to make a Subscription, Blub Blub provides You with immediate access to and performance of the digital content, without having to wait for the 14-day withdrawal period. You hereby expressly consent and acknowledge You waive Your right of withdrawal from such purchase.
5 TERM AND TERMINATION
This EULA is effective from the date You install or otherwise use the Application until terminated. You may terminate this EULA at any time by uninstalling the Application. This EULA will terminate automatically without notice from the Company if You fail to comply with any provisions of this EULA.
Uninstalling the Application does not result in refund of the amount paid for the Application/Subscription. Blub Blub reserves the right to terminate this EULA, in its sole discretion, or request that You remove the Application from your device for any reason, including but not limited to Blub Blub’s reasonable conclusion that You have breached the terms of this EULA. Promptly upon termination, You must cease all use of the Application and destroy any and all copies of the Application in your possession or control.
Termination will not limit any of Blub Blub’s other rights or remedies in law or equity. If any of the platforms disable the ability to use the Application on your device pursuant to your agreement with such platform, any associated license rights with Blub Blub shall terminate as well.
6 RESERVATION OF RIGHTS
Except as expressly licensed to You in this EULA, Blub Blub reserves all right, title and interest in the Application. This license is limited to the intellectual property rights of Blub Blub and does not include any rights to other intellectual property or patents.
Blub Blub retains all rights, titles, and interests in and to its intellectual property rights, whether registered or not, and all Applications thereof, except of the copyright of the third-party technology. Blub Blub software is protected by applicable laws and treaties throughout the world.
7 THIRD PARTY CONTENT AND FUNCTIONS
Some content and functions available via Application may include materials from third parties. Blub Blub may integrate third party content and provide links to third party websites as a convenience to You. You agree that Blub Blub is not responsible for examining or evaluating the content or accuracy of such and Blub Blub does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Blub Blub is not in any way responsible for any such use by You.
8 DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. BLUB BLUB DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
BLUB BLUB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.
NO ORAL OR WRITTEN ADVICE PROVIDED BY BLUB BLUB OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BLUB BLUB BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT BLUB BLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF AWARDED AT OUR SOLE DISCRETION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Blub Blub’s total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the Application. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
You agree to defend, indemnify, and hold harmless Blub Blub and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from your use or misuse of the Application, violation of the EULA, or violation of any rights of a third party. Blub Blub reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
11 MEDICAL DISCLAIMER
YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL USERS OF THE APPLICATION ARE RESPONSIBLE FOR THEIR OWN MEDICAL CARE, TREATMENT, AND OVERSIGHT. ALL OF BLUB BLUB’S PRODUCTS, SERVICES, AND CONTENT PROVIDED, ARE FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE APPLICATION. BLUB BLUB DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION.
RELIANCE ON ANY INFORMATION PROVIDED BY BLUB BLUB IS SOLELY AT YOUR OWN RISK. YOU HEREBY AGREE TO HOLD US HARMLESS FROM ANY CAUSE OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM BLUB BLUB PRODUCTS OR SERVICES INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, ADVICE, SUGGESTION, THE INFORMATION PROVIDED THROUGH THE BLUB BLUB INC. PRODUCTS OR SERVICES.
12 INJUNCTIVE RELIEF
You agree that a breach of this EULA will cause irreparable injury to Blub Blub for which monetary damages would not be an adequate remedy and Blub Blub shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
13 GOVERNING LAW
This Agreement and all disputes or controversies arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of Delaware, excluding its conflict of laws rules.
14 DOWNLOADING THE APPLICATION FROM APPLE APP STORE
The following applies to any Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) this EULA is concluded between You and Blub Blub only, and not Apple; and (ii) Blub Blub, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Apple App Store Terms of Service.
- You will use the Application only (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of any Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Blub Blub and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Blub Blub.
- You and Blub Blub acknowledge that, as between Blub Blub and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the Application in your possession and use of the Application, including but not limited to (i) product liability claims; (ii) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Blub Blub acknowledge that, in the event of any third party claim that an Application or your possession and use of that Application infringes that third party’s intellectual property rights, as between Blub Blub and Apple, Blub Blub, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
- You and Blub Blub acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this EULA and that upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA.
- By using the Application You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Without limiting any other terms of this EULA, You must comply with all applicable third party terms of agreement when using the Application.
Any person who uses the Application represents to Blub Blub that they are at least the age of majority under applicable law, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to abide by and comply with this EULA.
This EULA constitutes the entire agreement between You and Blub Blub with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by Blub Blub. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.
SEVERABILITY AND SURVIVAL
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
We will occasionally update this EULA as necessary to protect our users, furnish current information, and respond to legal and technical changes. The most current version of the EULA will govern your use of the Application and will be available at https://speechblubs.com/legal/end-user-license-agreement/. Please check this webpage regularly for any changes. We reserve the right to change this EULA at any time by posting the amended version of the EULA at the above-mentioned address. Your usage of the Application after the changes are integrated will constitute your acceptance of the changes.
Should You wish to contact Blub Blub with any questions, complaints, or claims with respect to the Application, You should contact via firstname.lastname@example.org.
BLUB BLUB, INC., LAST UPDATE MAY 2020