These terms of use and mobile app end-user license agreement incorporated herein (collectively, and together any documents expressly incorporated by reference herein, the "Agreement" or "Terms of Use") is entered into by and between you ("User" or "you") and Bubble Beauty, Inc. ("Bubble," "we," or "us"). This Agreement governs your access to and use of the Bubble Community mobile application (the "App"), including any and all content, functionality, and services offered on, through, or otherwise in connection with, the Bubble Community app (collectively, the "Bubble App" or the "Services").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE BUBBLE APP. BY USING OR CREATING AN ACCOUNT ON THE BUBBLE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL AND DO NOT WANT TO BE BOUND BY ITS TERMS, DO NOT DOWNLOAD, INSTALL, AND/OR USE OF THE APP.
THIS APP IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF 13. INDIVIDUALS UNDER THE AGE OF 13 MAY NOT USE THE APP OR CREATE AN ACCOUNT.
YOU MUST BE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE) TO USE THE BUBBLE APP WITHOUT A PARENT'S OR LEGAL GUARDIAN'S INVOLVEMENT. IF YOU ARE BETWEEN THE AGES OF 13 YEARS AND 18 YEARS (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE), YOU MAY USE THE BUBBLE APP ONLY WITH THE PERMISSION OF AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES FOR YOU TO BE BOUND BY THIS AGREEMENT, AND BY USING THE BUBBLE APP, YOU REPRESENT AND WARRANT THAT YOU ARE USING THE BUBBLE APP WITH THE PERMISSION OF AND UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES FOR YOU TO BE BOUND BY THIS AGREEMENT.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF AN INDIVIDUAL BETWEEN THE AGES OF 13 YEARS AND 18 YEARS (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE), BY ALLOWING SUCH INDIVIDUAL TO USE THE SERVICES, YOU AGREE FOR SUCH INDIVIDUAL TO BE BOUND BY THIS AGREEMENT, AND YOU FURTHER AGREE TO BE FULLY RESPONSIBLE FOR ALL ACTS AND OMISSIONS OF SUCH INDIVIDUAL WITH RESPECT TO THE SERVICES.
If you have any questions about this Agreement or the Bubble App, please contact us at love@hellobubble.com.
Before you use the Bubble App, please carefully review Bubble's Privacy Policy, which may be viewed at [https://hellobubble.io/privacy-policy] (the "Privacy Policy"). The Privacy Policy is hereby fully incorporated by reference into this Agreement. If you do not agree to the Privacy Policy in full and/or do not want to be bound by its terms, do not download, install, or use the Bubble App.
a. Subject to the terms of this Agreement, Bubble grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use the Bubble App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Device") strictly in accordance with this Agreement and any documentation or instruction provided in or in connection with the Bubble App.
b. Notwithstanding the foregoing, as conditions of Bubble's grant of a license to download, install, and use the Bubble App at Section 2[a], you agree that you shall not:
c. You acknowledge and agree that the Bubble App is provided to you under license and is not sold or transferred to you. By this Agreement, you do not acquire any ownership interest in the Bubble App or any rights other than the limited rights to use the Bubble App in accordance with the license granted under this Agreement, and subject to all terms, conditions, and restrictions of this Agreement. Bubble reserves and retains its entire right, title, and interest in and to the Bubble App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
a. When you first use the Bubble App, you will be asked to create and register your own personalized account through which to use the Bubble App. In consideration of the license grant to you by Bubble with respect to use of the Bubble App under this Agreement, you agree:
b. Bubble is under no obligation, and undertakes no obligation, to retain a record of your account, your Account Data, or any other data or information that you may have stored by means of your Bubble App account or your use of the Bubble App.
c. You may only create and use one (1) account for the Bubble App.
d. You are under no obligation to use or continue to use the Bubble App, and you may cease use of the Bubble App at any time with or without prior notice to Bubble.
a. The Bubble App may contain personal profiles and other interactive features that allow users to post, submit, or transmit content or materials on or through the Bubble App (collectively, "User Content"). All User Content that you post, submit, or transmit using the Bubble App must comply with this Agreement, including but not limited to Section 5[b].
As between you and Bubble, you retain all rights in and to your User Content, excluding any portion of the Bubble App included in your User Content, subject to the rights you grant to Bubble to such User Content in Section 4[d] hereunder. Any User Content that you post, submit, or transmit using the Bubble App shall be deemed non-confidential and non-proprietary, unless specifically noted by us.
You acknowledge and agree that your access and use of the Bubble App and transactions made therein (including but not limited to, with respect to User Content) at your sole risk, and that you will use your best judgment before entering into any transaction or posting, submitting, or transmitting User Content on or through the Bubble App.
Unless otherwise expressly agreed to in writing between you and Bubble, by using the Bubble App and submitting any User Content therein, you grant Bubble and its affiliates and service providers, and each of their respective licensees, successors, and assigns, the perpetual, irrevocable, non-exclusive, sub-licensable, transferable, royalty-free, fully paid, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile image) may be visible to others.
You may not create, post, store, share, or submit any User Content that violates this Agreement or for which you do not have all the rights necessary to grant Bubble the license described at Section 4[d] above. By creating, posting, storing or sharing any User Content on the Bubble App, you represent and warrant that you own or control all rights in and to your User Content and have the right to grant the license described at Section 4[d] above to Bubble and its affiliates and service providers and each of their respective licensees, successors, and assigns, and that any of their use of any your User Content pursuant to the license described at Section 4[d] will not violate any rights of or cause any injury, damage, or loss of any nature to any person or entity.
Although Bubble has no obligation to screen, edit, monitor, or moderate any User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Bubble may, as part of the Services, maintain programs that allow users to earn rewards for various activities ("Programs"), such as completing certain challenges, making certain purchases, or offering promotional/discount codes for third parties to use in connection with purchases. Each Program has specific requirements that are found in applicable Program pages, Program dashboards, communications relating to the Program, or supplemental terms or contracts specific to that Program provided in the Bubble App (collectively, "Program Materials"). When you choose to participate in a Program, you agree to the Program Materials for that Program, which are hereby incorporated by reference into this Agreement.
Rewards earned through Programs or otherwise through use of the Bubble App are not a substitute for real currency, are not transferable or redeemable for real currency, do not earn interest, and have no equivalent value in real currency. Except as otherwise outlined in a Program or the Services, Bubble is not obligated to exchange such rewards for anything else of value. Reward redemption values, conversion rates, and thresholds for obtaining products, discounts, or other benefits may vary, including but not limited to with respect to the Program through which the rewards are obtained or your level or tier in Bubble App reward program, shall be determined in Bubble's sole discretion, and will be set forth in the Bubble App's reward program section.
You agree that you shall not violate any applicable law, contract, intellectual property rights or other legal right of Bubble or any third party, or commit any legal tort, and agree that you are solely responsible for all of your conduct, while using the Bubble App. Specifically, and without limitation, you agree that you shall not engage in any of the following conduct while using the Bubble App:
You agree that you shall not create, post, store, or share any User Content on or though the Bubble App that:
Enforcement of this Section 5 is solely at Bubble's discretion. Failure to enforce this section in some instances shall not constitute a waiver of Bubble's right to enforce it in other instances. This Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Bubble App will not contain any content that is in violation of this Section 5.
Because Bubble brand ambassadors may have opportunities from time to time to publicize, promote, and/or endorse certain of Bubble's products or services in exchange for certain incentives, we require that Bubble brand ambassadors comply with the following guidelines to ensure appropriate disclosure when publishing or distributing content in connection therewith. Bubble's brand ambassador program is governed by its separate Bubble Brand Ambassador Terms and Conditions Agreement, which may be viewed at [LINK], and which is hereby incorporated by reference into this Agreement if you register for or participate in any manner in the Bubble's brand ambassador program. By registering for or participating in any manner in the Bubble's brand ambassador program, you agree to the Bubble Brand Ambassador Terms and Conditions Agreement; if you do not wish to be bound by the Bubble Brand Ambassador Terms and Conditions Agreement, you should not register for or participate in Bubble's brand ambassador program.
Without limiting any of the terms, conditions, or provisions of the Bubble Brand Ambassador Terms and Conditions Agreement, by registering for or participating in any manner in the Bubble's brand ambassador program, you also agree that all activities as a Bubble brand ambassador must comply with applicable laws and regulations, including the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising. Accordingly, when publishing or distributing content about Bubble's products or services in your role as a Bubble brand ambassador, you must clearly and conspicuously disclose your ambassador relationship with Bubble. Disclosure must be clear, prominent, and in close proximity to any applicable statements that you make about Bubble or its products or services. A consumer should not be required to scroll down, click on or mouse over a link in order to see the disclosure. Where space is limited (e.g., on Twitter or Instagram), disclosure can be made via hashtags "#ad" or "#sponsored" at the beginning of the post.
Bubble may, from time to time and in its sole discretion, develop and provide updates to the Bubble App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features, and/or modification or removal of certain features or functionality (collectively, including related documentation, "Updates"). You agree that Bubble has no obligation to provide any Updates, to provide prior notice of Updates, or to continue to provide or enable any particular features or functionality of the Bubble App.
Based on your Device settings, when your Device is connected to the internet, the Bubble App may automatically download and install all available Updates, or you may receive notice of or be prompted to download and install Updates. You agree to promptly download and install all Updates, and acknowledge and agree that the Bubble App or portions thereof may not operate properly should you fail to do so. You further agree that all Updates shall be deemed part of the Bubble App and shall be subject to this Agreement.
Bubble may cease or discontinue providing the Bubble App, or support or upgrades for the Bubble App, at any time. Such new features and/or services shall be subject to the then-current version of the Agreement as well as any additional terms or conditions that Bubble may make available on the Bubble App. Bubble may also modify or eliminate services or features of the Bubble App. You sole and exclusive remedy, and Bubble' sole potential liability, in connection with any such change, modification, or elimination is to terminate your Bubble App account.
The Bubble App may display, include, or make available content, data, information, applications, or materials from third parties (collectively, "Third-Party Content"). You acknowledge and agree that Bubble does not control, warrant, endorse, or adopt any Third-Party Content, does not assume and expressly disclaims any liability or responsibility for any Third-Party Content, is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Content, and shall not be responsible or liable in any manner for any Third-Party Content, third-party services, or third-party web sites, or for any other materials, products, or services of third parties, all of which you acknowledge and agree that you access and use at your own risk.
Bubble may also run advertisements and promotions from third parties on, in, or in connection with the Bubble App, or may otherwise provide information about or links to other third-party products or services. Any purchases or other transactions or actions made on or through links accessed from the Bubble App are solely between the user and the third party with which the purchase or transaction is made (the "Third-Party Seller"). Any business dealings, interactions, or correspondence with, or participation in promotions of, a Third-Party Seller, and any terms, conditions, warranties, or representations associated therewith, are also solely between the user and such Third-Party Seller. You acknowledge and agree that Bubble is not responsible or liable for any loss or damage of any nature incurred as a result of such purchases, transactions, actions, dealings, interactions, correspondence, or participation, or as a result of the presence of information or content relating thereto in the Bubble App.
You acknowledge and agree that by accessing or using the Bubble App or Third-Party Content, you may encounter content that may be deemed offensive, indecent, objectionable, or content explicit language (with or without being identified as such), and that the results of a search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Notwithstanding the foregoing, you agree that you access and use the Bubble App and Third-Party Content at your own risk, and that Bubble shall not have any liability to you for any content that may be found to be offensive, indecent, or objectionable.
The terms of this Section 9 apply when you download and use the Bubble App from a third-party app distributor ("App Distributor") through an app store such as the Apple Store or Google Play ("Third-Party App Store").
The license for you to use the Bubble App set forth in this Agreement is between you and Bubble only, and not with the Third-Party App Store. Bubble, not the Third-Party App Store, is solely responsible for the Bubble App. The license granted to you to use the Bubble App set forth in this Agreement is limited to a non-transferable license to use the Bubble App on a Device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service or other applicable contract. To the extent that this Agreement sets forth terms and conditions for use of the Bubble App which are less restrictive or in conflict with the applicable terms of service or other applicable contract of the Third-Party App Store from which you obtain the Bubble App, the more restrictive or conflicting terms of the Third-Party App Store will take precedence and will apply.
In exercising your license to use the Bubble App pursuant to this Agreement, you acknowledge and agree as follows:
i. Bubble, and not the App Distributor, is responsible for providing any maintenance and support services with respect to the Bubble App as specified in this Agreement or as otherwise required under applicable law, and no App Distributor shall have any obligation to furnish any maintenance and support services with respect to the Bubble App.
ii. Bubble, and not the App Distributor, is solely responsible for any product warranties, subject to the terms of this Agreement. The App Distributor has no warranty obligation whatsoever with respect to the Bubble App. As between you and Bubble, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bubble.
iii. Bubble, and not the App Distributor, is responsible for addressing any claims you or any third party may have relating to the Bubble App, including, but not limited to, product liability claims, any claim that the Bubble App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and intellectual property infringement claims.
iv. The Bubble App is based in the United States. You acknowledge that you may not be able to access all or some of the Bubble App outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. If you access the Bubble App from outside the United States, you are responsible for compliance with local laws. By accessing or using the Bubble App from outside the United States, 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.
v. You must comply with all applicable third-party contracts when using the Bubble App.
vi. The App Distributors are each third-party beneficiaries of the terms and conditions of this Agreement, and shall each have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Agreement.
vii. You will use the most recent version of the Bubble App.
viii. By accessing or downloading the App from the Apple App Store, you are agreeing to Apple's Licensed Application End User License Agreement ("Apple Terms") and other terms and conditions provided by Apple.
The term of this Agreement between you and Bubble commences when you download or install the Bubble App, and will continue in effect until terminated by you or Bubble as set forth in this Section 10.
You may terminate this Agreement by deleting the Bubble App and all copies thereof from your Device.
Bubble may terminate this Agreement at any time without notice if:
i. Bubble ceases to support the Bubble App, which Bubble may do at any time in its sole discretion;
ii. Bubble discovers you are under the age of 18; or
iii. You fail to abide by or violate any of the terms and conditions of this Agreement.
Without limiting the generality of Bubble's rights set forth in Section 7 of this Agreement, Bubble may, in its sole and absolute discretion, at any time and for any reason, suspend or terminate this Agreement and the rights afforded to you hereunder and/or your Bubble App user account or registration, with or without prior notice, and without liability to you. Furthermore, if you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Bubble.
Upon the termination of this Agreement or your Bubble App user account or registration, all rights granted to you under this Agreement will also terminate, you must cease all use of the Bubble App and delete all copies of the Bubble App from your Device and account, and you may not create a new account without our express written permission. Termination will not limit any of Bubble's rights or remedies at law or in equity, without limitation.
The Bubble App, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Bubble or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, all rights in and to the Bubble App are reserved by us or our licensors. Subject to your compliance with this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Bubble App for your own personal, non-commercial use, pursuant to the terms and conditions of this Agreement (including, without limitation, Section 2 above).
Any use of the Bubble App other than as specifically authorized herein, without Bubble's prior written permission, is strictly prohibited, will terminate the license granted herein, and violate Bubble's intellectual property rights. Bubble reserves all rights, remedies, claims and causes of action with respect to any such violation of its intellectual property rights, without limitation.
The name "Bubble", Bubble's logos, and all other product and service names and slogans contained in the Bubble App are trademarks of Bubble and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bubble or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing the name "TYB" or any other name, trademark or product or service name of Bubble without its prior written permission. In addition, the look and feel of the Bubble App, including all page headers, custom graphics, button icons and scripts, is intellectual property of Bubble and may not be copied, imitated, or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and company names and logos mentioned or shown on the Bubble App are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Bubble.
You acknowledge and agree that Bubble and its licensors retain ownership of all intellectual property rights of any kind related to the Bubble App, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Bubble App may be trademarks of their respective owners. Bubble reserve all rights not expressly granted to you under this Agreement, without limitation.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Bubble or the Services (collectively, "Feedback"). By doing so, you understand and agree that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion, and that we may treat Feedback as nonconfidential.
Bubble respects the intellectual property rights of others and requests that you do the same. We will respond to notices of claimed copyright infringement that are properly provided to us and that comply with applicable law. If you believe that anything on the Bubble App infringes any copyright that you own or control, you may notify us by delivering a takedown request to our designated agent at:
Bubble Beauty, Inc.
Attn: Designated DMCA Agent
711 3rd Avenue
New York, NY 10017 USA
love@hellobubble.com
So that we may properly assist you, the following information is required to be included in your takedown request:
i. A description of the copyrighted work you claim has been infringed;
ii. Information reasonably sufficient to locate the material in question on the Services;
iii. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
iv. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
v. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and,
vi. A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf.
We suggest that you consult your legal advisor before submitting a notice of claimed copyright infringement, because there may be penalties for false claims.
In accordance with the Digital Millennium Copyright Act and other applicable law, Bubble has adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others on the Bubble App.
When you use the Bubble App or send emails to us, you are communicating with us electronically. By using the Bubble App, you consent to receive communications from us electronically. We may communicate with you by email or through the Bubble App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Bubble does not warrant that the App will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
You acknowledge and understand that the Bubble App may require and utilize mobile phone service, data access, and/or text messaging capabilities for which carrier rates may apply, and that you are responsible for any such charges. By using the Bubble App, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Bubble App. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the App, and that you are authorized to approve all associated SMS and data charges.
In order for us to provide the Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. For more details on transferring of personal information, please see our Privacy Policy at /privacy-policy.
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services purchased by you and/or delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bubble or any of its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Bubble and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your actual or alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
To the fullest extent permitted by applicable law, you release Bubble and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code ยง 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any conflicts of laws rules or principles. Subject to Section 18[b] below, the courts located in New York County, New York, United States of America shall have exclusive jurisdiction over any claim or dispute arising out of or relating to this Agreement or the Bubble App, and the parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
You acknowledge and agree that Bubble may, in its sole discretion, require you to submit any disputes arising out of or relating to this Agreement or the Bubble App, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law and taking place in New York County, New York.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BUBBLE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, AND THAT FOLLOWING ONE (1) YEAR AFTER ACCRUAL, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Bubble reserves the right, in its sole discretion, to amend or update any part of this Agreement (including any other documents incorporated into the Agreement, including but not limited to the Privacy Policy) by making the amended or updated Agreement (or other document incorporated into the Agreement) available to you. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement (and any other documents incorporated into the Agreement, including but not limited to the Privacy Policy) periodically for changes; you can review the most current version of the Agreement on this page at any time. You should check the "Last Updated" date at the top of this Agreement (and at the top of any other documents incorporated into the Agreement, including but not limited to the Privacy Policy) to familiarize yourself with the latest version. Your continued use of or access to the Bubble App following the posting or distribution of any such changes constitutes acceptance of the changes and of the updated version of the Agreement (and any other documents incorporated into the Agreement, including but not limited to the Privacy Policy).
Any failure by Bubble to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement together with any policies or operating rules with respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).
Any ambiguities in the interpretation of this Agreement not be construed against the drafting party.
Any questions about this Agreement or the Bubble App should be sent to us at love@hellobubble.com.