Last revised: October 12, 2015
Notice: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE GOBABL SERVICE.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Welcome to GoBabl! We are GoBabl, LLC, a Delaware limited liability company (“GoBabl”, “we”, “us” and “our”). We provide the website at www.GoBabl.com and underlying services (collectively, the “Service”).
You and Us
Any information, text, graphics, photos or other materials appearing on the Service are collectively referred to as “Content”. Any Content that you own or provide online, including through other social media services (“Social Media”) are defined as “Your Content”. You warrant to us that you have all rights necessary to provide Your Content to us. Your Content may be viewed by other users of the Service and by other people on other Social Media. You should only provide Your Content when you are comfortable sharing Your Content with others.
You grant GoBabl a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicenseable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Your Content in any form, format or process now known or hereafter discovered, via the Service or otherwise, including but not limited to any user-generated content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties. Except for the license you grant to us, you retain the ownership or other rights you may have to Your Content. Prior to providing any Social Media with Your Content, you should retain a copy of Your Content in a safe place accessible to you, as we may not provide a copy of Your Content back to you at a later date.
In addition to Your Content, some of the Content on the Service is owned by us (“GoBabl Content”), by other users (“User Content”), and by other people and entities (“Third Party Content”). You may use the GoBabl Content, User Content, and Third Party Content while you are a user of the Service. With the exception of Your Content, you may not share any Content with any other person, service or entity without the prior written permission of the owner of that Content (e.g., obtain the prior written permission of the other user to re-post its User Content).
We own the GoBabl Content and the Service. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Service or the GoBabl Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Service or the GoBabl Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated the Content. We do not monitor the Content posted via the Service. Under no circumstances will GoBabl be liable for any Content (other than GoBabl Content), including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
You are responsible for your use of the Service, for Your Content, and for the consequences of what you do.
As a condition to your right to access and use the Service, you agree to these Terms and to strictly observe the following Do’s and Don’t’s.
Do the following:
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review and comply with notices sent by us concerning the Service.
Don’t do the following:
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.
Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Service or the GoBabl Content, or any part thereof.
Don’t include information in your registration data or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address that is confidential in nature.
Don’t use information, content or any data you view or obtain from our Service to provide any service that is competitive with our Service.
Don’t imply or state, directly or indirectly, that you are affiliated with or endorsed by GoBabl, unless you have entered into a written agreement with GoBabl that expressly permits you to say that.
Don’t adapt, modify or create derivative works based on any part of the Service or the technology underlying the Service.
Don’t rent, lease, loan, trade, sell or re-sell access to the Service or any Content (other than Your Content) or any data on the Service.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Service.
Don’t use bots or other automated methods to add or download Content, or send or redirect messages or other permitted activities other than through GoBabl-sanctioned tools.
Don’t access the Service for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
Don’t engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service.
Don’t access the Service by any means other than through the interfaces provided by GoBabl.
Don’t override any security component included in or underlying the Service.
Don’t engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or GoBabl personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Don’t remove any copyright, trademark or other proprietary rights notices contained in or on the Service, including any of our notices or notices of our licensors, or any notices of any other users.
Don’t remove, cover or otherwise obscure any form of advertisement included on the Service.
Don’t collect, use or transfer any information, including any Personal Information, obtained from the Service, except as expressly permitted in the Terms or as the owner of the information may expressly permit in writing.
Don’t interfere with or disrupt the Service, including but not limited to any servers or networks connected to the Service.
Don’t infringe or use the Service’s or GoBabl’s brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
Don’t access, tamper with, or use non-public areas of the Service, GoBabl’s computer systems, or the technical delivery systems of GoBabl’s providers.
Don’t forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
Don’t upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
User “Do’s” and “Don’t’s”
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
- Adds to a data field any information that is not intended for such field (i.e., submitting a telephone number in the “title” or any field other than a field requesting a telephone number).
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
- Infringes or misappropriates any patents, trademarks, trade secrets, copyrights or other rights.
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment.
- Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.
You must be at least 13 years old to use the Service. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
If you are 12 years old or younger, please ask your parent or guardian to open and operate an account with us.
If a child under the age of 13 registers with us or provides any Content to us, the child’s parent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the child’s account and delete any Content provided by the child.
How Old are You?
To use GoBabl, you may register an account using your email address, or through your Twitter, Instagram or other Social Media login. If you elect to register using your Social Media accounts, you are authorizing us to access certain information in your Social Media accounts, including, but not limited to, information about your Social Media friends. By allowing us to access your Social Media accounts, you expressly acknowledge and agree that we may obtain and share your user name and profile picture, as well as the name and profile picture of your Social Media friends who are common friends with other users in your network or geolocation. Please take precautions to protect your password and contact us at contact@GoBabl.com if you believe your account has been accessed by an unauthorized person.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your user name and password. Therefore, you must not share or disclose your password with anyone. You should use a “strong” password, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. GoBabl is not liable for any loss or damage arising from any third party accessing or using your account without your permission, regardless of how the third party accesses your account.
There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. As noted elsewhere in these Terms, the Service includes Content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature.
For example, the Service may include a feature that enables you to share Content from the Service or Your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. GoBabl does not control any of third-party web services or Social Media, or any of their content. You expressly acknowledge and agree that GoBabl is not liable for any such third-party services or features. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”), and the Application may interact with, connect to, gather or pull information from and to your Service profile.
By using an Application, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to the sharing of information in and about your profile with and through the Application; (ii) your use of an Application may cause your Personal Information to be publicly disclosed, even if GoBabl has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you hereby defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any Application.
- Links to Third Parties
GoBabl respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Service.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Service, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, GoBabl will also terminate a user’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Attn: Copyright Agent
417 North 3rd Street, Unit 10
Philadelphia, PA 19106
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number, and an email address.
- A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICE, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICE. WE PROVIDE THE SERVICE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GOBABL OR ANYTHING RELATED TO THE SERVICE, YOU MAY CLOSE YOUR ACCOUNT AND STOP USING THE SERVICE, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICE, INCLUDING THE GOBABL WEBSITE OR APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Disclaimer of Warranties
You may terminate your GoBabl account for any reason or no reason, and at any time. To terminate your GoBabl account, contact us at contact@GoBabl.com. Termination of your account will be effective upon our processing of the notice we received from you.
We may terminate your GoBabl account and the Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in the notice.
We may restrict, suspend or terminate the account of any user who abuses or misuses the Service. Misuse includes, among other things, registering under more than one identity, using the Service commercially without our authorization, infringing any intellectual property rights, using any functionality, feature or capability of the Service to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of the Service.
Upon the termination of your GoBabl account, you lose access to the Service. In addition, we may block access to the Service from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination.
You and each Organization agree to defend, indemnify and hold GoBabl harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Service; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right, contract right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as reasonably required by GoBabl in the defense of any claim. GoBabl reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against GoBabl without the prior written consent of GoBabl.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither GoBabl nor any of our subsidiaries, affiliated companies, officers, employees, members, or directors (“GoBabl Affiliates”) shall be liable for any damages in excess of the fees, if any, you paid GoBabl during the calendar year in which such event is claimed to have occurred, or USD $100, whichever amount is greater.
Neither GoBabl nor any GoBabl Affiliates shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person.. This limitation of liability shall apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided IN these Terms fail of their essential purpose.
Limitation of Liability
These Terms and any action related thereto will be governed by the law of the Commonwealth of Pennsylvania, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither you nor GoBabl will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
- Governing Law and Arbitration
Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Contact Us: You may contact us via email at contact@GoBabl.com . Or via postal mail or courier at:
Attn: Law Department
47 North 3rd Street, Unit 10
Philadelphia, PA 19106
Amendments to these Terms: We reserve the right to modify, supplement or replace these Terms, effective upon no less than thirty (30) days prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect thirty (30) days after we post them on our website at www.GoBabl.com. Your use of the Service thirty days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Service, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Service. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations: Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by GoBabl or any GoBabl Affiliate shall be deemed legally binding on GoBabl or any GoBabl Affiliate, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of GoBabl has executed physically or electronically.