TERMS OF USE
Last Updated January 31, 2023
The Babz mobile application (the “App”) is provided by Babz LLC (“Babz”). These Terms of Use govern your access to and use of the App and any related content and services.
These Terms of Use are legally binding, so please read them carefully. By installing the App, you agree to the terms, conditions, and all other obligations specified herein. If you do not agree to these terms do not install or use the application. Babz reserves the right to refuse access to the App for noncompliance with any part of these Terms of Use.
Wherever used in these Terms of Use, “you,” “your,” or similar terms means the person or legal entity using the App. If you are using the App on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use.
Wherever used in these Terms of Use, “Babz” “we,” “us,” or “our” means Babz LLC.
We may update and change any or all of these Terms of Use, in our sole discretion, including but not limited to the fees and charges associated with the use of the App. If we do so, we will post the modified Terms of Use, and we will notify you of any changes that, in our sole discretion, materially impact these Terms of Use. Continued use of the App after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Use. When we change these Terms of Use, we will modify the “Last Updated” date above.
Use of the App is also governed by the Babz Privacy Policy and any other policy that we may implement from time to time. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information.
These Terms of Use are effective when you download and install the App.
You agree that you have reviewed and understand these Terms of Use.
IF YOU ARE LOCATED IN THE UNITED STATES, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES, BABZ AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVEYOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE ARBITRATION SECTION HEREIN TO LEARN MORE.
VIDEO RECORDINGS
The App allows you to record and send videos of yourself to other users of the App and to react to videos that other users of the App send you. When you use certain features of the App, the App will use the front-facing camera on your mobile device to automatically record you.
Specifically, the App will automatically record video of you in the following circumstances:
● You can record and send video messages to other users of the App by tapping the record button in the message interface. When you tap the record button, the App will use the frontfacing camera on your mobile device to record your video message. While the camera is recording your video message, you will not be able to see yourself on the screen.
● When another user sends you a video, you will receive a message notification. You can view the video by tapping the message notification or by tapping the conversation on the home screen. As soon as the video ends, the App will use the front-facing camera on your mobile device to automatically record your reaction video. While the camera is recording your video message, you will not be able to see yourself on the screen.
By using any of the above features, you give your express permission for the App to use the camera on your mobile device to record you. The App allows you to cancel any recording and/or not send a recorded video message.
USER ACCOUNTS
To use the App, you must create an account (“Account”) using true, accurate, current, and complete data. When you create your Account, you will be asked to provide a unique username and your current mobile phone number. You agree to receive text messages from us or our thirdparty providers with codes to register for or log into the App.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s mobile phone number, or other personal information, or another person’s name, likeness, image, or photograph. You agree to promptly notify us of any unauthorized use of your username or any other personal information, or any other breach of security that you become aware of involving or relating to the App.
If you create an Account, you acknowledge that we will treat anyone who logs in using your Account as you. We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your Account with or without your knowledge. Therefore, we recommend that you maintain your Account information in confidence and that you refrain from disclosing this information to anyone.
For as long as you use the App, you consent to downloading and installing updates to the App, including automatically. You are responsible for all carrier data plan and other fees and taxes associated with your use of the App.
We may, for security or other reasons, occasionally require you to change your username and issue new ones to you. We reserve the right to terminate your Account without notice if we become aware of any breach of these Terms of Use.
AGE RESTRICTIONS
To use the App, you must be at least 16 years old or such greater age required in your country for
you to be authorized to use the App without parental approval.
GRANT AND SCOPE OF LICENSE
Subject to the terms and conditions provided herein, we grant you a worldwide, perpetual, revocable, non-exclusive, non-transferable, and non-sublicensable license to download and use the App on any compatible mobile devices that you own or control. No other licenses or rights are granted to you unless expressly provided herein.
You shall not do the following without our express written consent:
● Disassemble or reverse engineer the App;
● Translate or migrate the App into another format, language, or operating platform;
● Make the App available to anyone other than authorized users;
● Sublicense, sell, transfer, distribute, publish, re-release, lend, electronically transfer, communicate, or otherwise make available or grant rights in the App;
● Alter or remove any copyright, trademark, and other proprietary notices in the App or any accompanying documentation; or
● Disclose or use any trade or proprietary information contained in the App.
Subject to the terms and conditions provided herein, when you post or share content, including but not limited to selfie videos and reaction videos that you send through the App, you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, use, distribute,
copy, publicly perform, translate, or create derivative works of your content for the purpose of providing services through the App. Your license to us terminates when your content is removed from our systems.
Your content that is scheduled for deletion may continue to exist elsewhere on our systems when:
● immediate deletion is not possible due to technical limitations;
● your content has been used by other users in accordance with this license and they have not deleted the content;
● when immediate deletion would restrict our ability to investigate or identify illegal activity or violations of these Terms of Use; or
● when immediate deletion would restrict our ability to comply with a legal obligation or request of a judicial or administrative authority, law enforcement or a government agency.
In each of the above cases, the content will be retained for no longer than is necessary, and your license to us will continue until the content has been fully deleted.
PROHIBITED USES
You may use and access the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App to:
● violate any applicable federal, state, local, or international law or regulation, including, without limitation, any law regarding the export of data or software to and from the United States or other countries;
● promote any illegal activity, or advocate, promote, or assist any unlawful act;
● threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
● submit, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, offensive, or otherwise objectionable;
● exploit, harm, or attempt to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or otherwise;
● impersonate or attempt to impersonate our company, our employees or representatives, other users, or any other person or entity, including, without limitation, by using email addresses or usernames associated with any of the foregoing;
● manipulate headers or identifiers to disguise the origin of any material submitted or transmitted to us;
● submit, transmit, or otherwise make available any material that you do not have the right to make available under any law or contractual or fiduciary relationship;
● submit, transmit, or otherwise make available any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
● transmit, or procure the transmission of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation;
● interfere with or disrupt the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App;
● introduce, upload, post, or otherwise transmit any viruses, Trojan horses, worms, logic bombs, other computer code, or material that may interrupt, destroy, limit the functionality of the App, interfere with the access of any user of the App, or is malicious or technologically harmful;
● circumvent, disable, or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or features that enforce limitations on the use of the App;
● otherwise attempt to interfere with the proper working of the App;
● harvest or collect information about or from other users without their express consent and, if such consent is provided, only pursuant to applicable law;
● engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined solely by us, may harm users of the App, or expose us, our affiliates, or users of the App to liability.
We shall have the sole discretion to determine whether material provided by you constitutes prohibited material, and any material submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material submitted or
transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited
content and material, for any reason, at any time, without notice. Notwithstanding the above, when you use the App, you acknowledge and agree that all material (whether private or public) that is
provided to us, uploaded, and/or stored via the App is the sole responsibility of the person who submitted it. You understand that by using the App, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.
We may suspend, delete, or terminate the accounts of users who participate in any prohibited uses or otherwise violate these Terms of Use.
THIRD-PARTY SERVICES
The App may integrate with or allow you to access or interact with third-party websites, apps, content, and other products and services. Their terms of use, end user license agreements, privacy policies, and such other agreements govern your use of those services. Your use of any third-party services is at your own risk.
AVAILABILITY OF SERVICES
Use of the App may be interrupted, for maintenance, repairs, upgrades, network or equipment failures, forces of nature, and other unforeseeable emergency and force majeure events. We may discontinue some or all of the App’s functionality, including certain features and the support for certain devices and platforms, at any time.
INTELLECTUAL PROPERTY RIGHTS
Babz owns all right and title to all copyrights, trademarks, trade dress, trade secrets, patents, and other intellectual property rights. You may not use our intellectual property without our express permission, provided herein, or in accordance with any intellectual property policies or brand guidelines we may provide.
REPRESENTATIONS AND WARRANTIES
YOU USE THE APP AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING
DISCLAIMERS. WE ARE PROVIDING THE APP ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT THE APP WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT THE APP WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THE APP. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS
OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD
PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, PARTNERS, AND AGENTS (THE “BABZ PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: 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. LIMITATION OF LIABILITY IN NO EVENT SHALL THE BABZ PARTIES BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE APP USING YOUR ACCOUNT OR USERNAME, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES BABZ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BABZ’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE APP, AND YOU HEREBY RELEASE THE BABZ ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TERMINATION
We may terminate this Agreement and close your Account for any reason at any time, including, but not limited to, if you have engaged in any prohibited use outlined herein. You agree that we may, in our sole discretion and subject only to applicable law, remove and/or discard any content or materials, including but not limited to, any and all information, image files, video files, or any other content submitted by you or on your behalf. You further agree that we shall not be liable to you or to any third party for any termination of your access to the App. We urge you to make personal copies of all content you submit to us.
You may terminate this Agreement at any time by deleting your Account.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Babz, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’
fees) relating to or arising out of your use of or inability to use the App or your violation of any provision of these Terms of Use, the rights of a third party, or any applicable laws, rules, or regulations. Babz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Babz in asserting any available defenses.
INFORMAL DISPUTE RESOLUTION
We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms of Use or the App (each a “Dispute”) informally by emailing us at [email protected]. We will attempt to resolve the Dispute informally by contacting you via email. If the Dispute is not resolved within ten days after submission, you may bring a formal arbitration proceeding as outlined below.
ARBITRATION
Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other
appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an
equal share of the arbitrator’s fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys’ fees.
CHOICE OF LAW AND VENUE
All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule, whether of the State of New York or any other jurisdiction. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this
Agreement shall be in an appropriate state or federal court located in the State of New York.
ELECTRONIC COMMUNICATIONS
Using the App or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or social media and via the App, satisfy any legal requirement that such communications be in writing.
WAIVER
No waiver by Babz of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Babz to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use shall continue in full force and effect.
ASSIGNMENT
These Terms of Use are not assignable, transferable, or sublicensable by you except with our prior written consent. You agree that all of our rights and obligations pursuant to these Terms of Use are freely assignable by us to any of our affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. You agree that we may transfer your information to any of our affiliates, successor entities, or new owner. Any assignment attempted to be made in violation of these Terms of Use shall be void.
HEADINGS
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
RELATIONSHIP OF THE PARTIES
These Terms of Use do not and will not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Babz.
NOTICES
Any notices provided to you pursuant to these Terms of Use shall be delivered to you within the App. You agree to receive such notices via the App or electronic communication, including via SMS, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then the next business day. Except as otherwise specified, herein, any notices to us pursuant to these Terms of Use may be delivered to [email protected].
ENTIRE AGREEMENT
These Terms of Use constitute the sole and entire agreement between you and us with respect to the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the App. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.
CONTACT US
To contact us with questions, comments, or notice regarding these Terms of Use, please email us at [email protected].
