These Terms of Website (hereinafter the “Terms”) are 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 Website, unless any special function is accompanied by a separate license, in which case the separate license shall govern.

By accessing or using the website you accept and undertake to be bound by these terms. If you do not accept these terms, do not access and/or use the website.

1 LICENSE TO USE THE WEBSITE

Subject to Your acceptance of and compliance with these Terms, Blub Blub grants You a limited, personal, revocable, non-exclusive and non-transferable license to use the Website solely for Your non-commercial and personal purposes as defined herein. Any commercial use is prohibited, however and notwithstanding this prohibition You are allowed to use the Website in a non-modified form for viewing purpose.

Your right to use the Website is limited to the license grant as defined above and You may not otherwise copy, display, seek to disable, perform, distribute, publish, transfer, modify, create works from, our use the Website or any component of it, except as expressly authorized by Blub Blub in writing in advance.

In no event You may use the Website in a manner that:

• harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
• is unlawful, fraudulent or deceptive;
• uses technology or other means to access our proprietary information that is not authorized by Blub Blub;
• uses or launches any automated system to access the Website;
• attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;
• attempts to gain unauthorized access to the Website or user accounts;
• encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or
• violates these Terms.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Blub Blub or our licensors. You are permitted to use this material only as expressly authorized by Blub Blub or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only.

2 INTELLECTUAL PROPERTY RIGHTS

The Intellectual Property Rights in the Website and the materials on or accessible via it belong to Blub Blub Inc. or its licensors. The Website and the materials on or accessible via it and the intellectual property rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). “Blub Blub”, “Speech Blubs” and “Lingo Blubs” are trademarks, which belong to Blub Blub Inc., and they may not be used, copied or reproduced in any way without written consent from Blub Blub. All trademarks not owned by Blub Blub are the property of their respective owners and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “intellectual property rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

3 USE OF THE WEBSITE

You are provided with access to this Website in accordance with these Terms. When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

You agree to use the Website in a manner that does not cause harm to Blub Blub, other users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Terms or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if we have reason to believe that You are engaged in illegal activity or compromise other users or our data security or privacy.

We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.

We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.

4 LIMITATION OF LIABILITY AND WARRANTIES

While we use reasonable endeavors to verify accuracy of any information we place on the Website, we shall not be responsible for and we disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information transmitted over our system. In particular, neither we nor any third party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. 

In addition, we do not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction.

Except as expressly provided in these Terms, we disclaim any and all warranties of any kind, whether express or implied to the fullest extent permissible under applicable law.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-agreement or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.

This section does not affect Your statutory rights as a consumer, nor does it affect Your agreement cancellation rights.

5 INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your computer and/or Your personal information.

6 COLLECTION OF DATA

For the collection of data, please refer to our Privacy Policy available at https://speechblubs.com/legal/privacy-policy-for-website/, which is incorporated by reference into these Terms.

7 MISCELLANEOUS 

Modification of these Terms: We reserve the right to modify and/or change these Terms from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Terms have been changed. If You do not agree to any change to the Terms, then You must immediately stop using the Website and must not access and/or use the Website. The most current version of these Terms is available at https://speechblubs.com/legal/terms-of-website/.

Severance: If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. No waiver by Blub Blub shall be construed as a waiver of any preceding or succeeding breach of any provision. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement: These Terms together with our Privacy Policy govern our relationship with You and conclude an agreement. You confirm that, in agreeing to accept the Terms, You have not relied on any representation save insofar as the same has expressly been made a term of these Terms and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not in any way affected by these Terms.

Term: The Term of these Terms and Privacy Policy shall commence on the date You start using the Website and shall end on the date You stop using the Website and/or the Agreement is fulfilled, or we terminate these Terms and Privacy Policy, whichever is earlier.

Governing Law: These Terms and all disputes or controversies arising out of or relating to these Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, excluding its conflict of laws rules. 

Contact Information: Should You wish to contact Blub Blub with any questions, complaints, or claims with respect to the Application, You should contact via hi@blubblub.org. 

8 DEFINITIONS

“Website” shall mean the websites located at https://speechblubs.com/ and https://lingoblubs.com/, and any other URL address which may replace it or which may be added to the list of websites published by Blub Blub.

“You” shall mean a user of the Website.

BLUB BLUB, INC., LAST UPDATE MAY 2020