Last Updated – 31st October 2016
If you do not agree to these Terms, do not access or use the Services. If Aureans makes changes to these Terms, we will provide notice by posting a notice on the Services or updating the "Last Updated" date above.
Your continued use of the Services will confirm your acceptance of the changes.
AUDIENCE AND ACCOUNTS
You must be at least 17 years of age to use the Services or submit any information on Babbles App.
By using the Services, you agree to: (a) maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others and restricting access to your account and your computer or mobile device; (b) promptly notify Aureans if you discover or otherwise suspect any security breaches related to the Services; and (c) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You understand that you are responsible for all data charges you incur by using the Services.
The Services allow you and other users to create, post and send messages over social media by remaining anonymous – this user content is your responsibility. You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates our Community Guidelines, which we may update from time to time. We have the right to delete or remove any User Content that we, in our sole discretion, view as in violation of these Terms or our Community Guidelines or for any other reason.
If you submit or post User Content to the Services, you grant Aureans a nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with Aureans’s marketing and promotional activities.
You agree that this license includes the right for Aureans to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services.
You understand that User Content may be displayed publicly. Aureans does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content.
You may only post User Content that (a) is non-confidential; (b) you have all necessary rights to post to the Services; (c) is accurate and not misleading or harmful in any manner; and (d) does not and will not violate these Terms or any applicable law, rule or regulation.
ACCEPTABLE USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk. You further agree not to:
- Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
- Attempt to indicate that you have a relationship with Aureans or that Aureans has endorsed you or any products or services;
- Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages;
- Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another’s account without authorization from such user and Aureans;
- Develop any third-party application that interacts with the Services without Aureans prior written consent;
- Use any automated means or interface not provided by Aureans to access the Services;
- Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates our Community Guidelines.
COPYRIGHT, TRADEMARK AND LIMITED LICENSE
The Babbles logos and any other product or service name or slogan contained in the Services are trademarks of Aureans and its suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Babbles logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of Aureans or its licensors or users and are protected by International copyright, trademark and other laws. Except as explicitly stated in these Terms, Aureans does not grant any express or implied rights to use Service Materials.
You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.
The Services may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that Aureans is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk.
Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that Aureans terms and policies no longer govern and that the terms and policies of those third party sites or services will then apply.
FEEDBACK AND OTHER SUBMISSIONS
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). You acknowledge and agree that Submissions are non-confidential and will become the sole property of Aureans. You agree to execute any documentation required by Aureans to confirm such assignment to Aureans.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify firstname.lastname@example.org
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Aureans or the alleged infringer as the result of Aureans relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
INTERACTIONS WITH OTHER USERS
Babbles is a platform for users to communicate and interact with one another. You are solely responsible for your interactions with others and Aureans has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.
You agree to defend, indemnify and hold harmless Aureans, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Aureans Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY AUREANS. AUREANS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. AUREANS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. AUREANS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE AUREANS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, AUREANS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take any and all necessary precautions when interacting with other users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUREANS OR THE AUREANS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR USER CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AUREANS’S RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AUREANS OR THE AUREANS PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AUREANS FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID EXPERTISE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
MODIFICATIONS TO THE SERVICES
Aureans reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services, without prior notice. You agree that Aureans will not be liable for any modification, suspension or discontinuance of the Services, or any part of the Services.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AUREANS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AUREANS.
Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Aureans waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in London, United Kingdom (or, alternatively, via telephone or video conference).
YOU AND AUREANS AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND AUREANS AND THAT YOU AND AUREANS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and Aureans agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Aureans must be sent to email@example.com.
APPLICABLE LAW AND VENUE
Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute, which arises out of or under this Agreement.
Aureans reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
Questions or comments about the Services may be directed to Babbles team at firstname.lastname@example.org
If you are a Babbles user who is private messaging with another user and you feel unsafe or you fear for the safety of any person, and you think law enforcement should know about it, please contact your local law enforcement agency directly.