Last updated: October 24th, 2017
BY USING THE SERVICE AND THE WEBSITE, YOU INDICATE TO AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR THE WEBSITE.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is the User’s responsibility to periodically checkup these Terms and Conditions for changes. Changes will be notified to all users by updating the ‘updated’ date at the top of this page. If there are any essential changes to these Terms and Conditions We will notify You by email or by posting a notification to our Website.
Continued use of the Site by the User following the posting of changes will imply that the User accepts and agrees to the changes. As long as the User comply with these Terms and Conditions, the Company grants to the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.
The Company provides the Bebob SaaS product, web design software, tools and other services
We may now or in the future allow you to post or publish content on or upload content to the Service, including but not limited to website templates created and contributed by you, blog or forum posts, images, and photos. Any content the User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content.
We have no obligation to store, maintain, or provide you a copy of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your User Content regularly and frequently.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Bebob under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bebob does not waive any rights to use similar or related Feedback previously known to Bebob, or developed by its employees, or obtained from sources other than you.
Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You own all of the User Content you post or publish (“post”) on the Service. You grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service for the purposes of operating and providing the Service to you and other users (“User Content License”). You understand and agree that the Service is a public platform and other users may now or in the future search for, see, use, and/or re-post any User Content that you make publicly available through the Service.
Eligibility And Requirements For The User
The Service is available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms and Conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms and Conditions. You agree to have your parent or guardian review and accept these Terms and Conditions on your behalf. If you are a parent or guardian agreeing to these Terms and Conditions for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation.
If you are entering into these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms and Conditions, you must not accept these Terms and Conditions and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Service on behalf of such a company or other legal entity.
Information Provided By The User
The User agrees to:
Please note that any information, data, material or other communication the User transmits or posts to the Service will be deemed NOT to be confidential and non-proprietary. By providing to the Service any information or material, the User grants unrestricted, irrevocable, perpetual license to use, copy, have used, reproduce, display, modify, have modified, incorporate, sublicense, distribute or otherwise dispose of those information, data, material, and communication. The User further agrees that the Service is free to use any ideas, concepts, know-how or techniques that the User sends to the Service for any purposes for all commercial and non-commercial purposes.
Bebob is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of your User Content, use of the Service, violation of these Terms and Conditions, or violation of any rights of another.
Prices And Payment
Prices of the Service are subject to change upon 14 days’ notice from us. Such notice may be provided at any time by posting the changes to the Bebob or the Service itself. Bebob shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Users of the Service may be required to provide their credit card details to the payment service provider retained by the Company (the “PSP”). Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes required to be paid on the Service provided under the Agreement (other than taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Our Privacy and Cookies Policy, available at https://www.bebob.io/privacy, applies to the use of the Service and its terms are made a part of the Terms and Conditions by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data as set forth in our Privacy and Cookies Policy at https://www.bebob.io/privacy, and to have your Personal Information collected, used, transferred to, and processed in the European Union. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Bebob may use third parties to process any provided information, even if such third parties are not located in your jurisdiction, so long as such third parties are subject to standard confidentiality arrangements. If permitted under applicable law, Bebob may use contact information that you provide to occasionally send you emails or other communications concerning the Devices or other products of Bebob.
Bebob will provide data as required by law or as requested by government authorities. Bebob may transfer data in the context of a sale of its business or part thereof. Bebob will use industry standard efforts to store your data, but you understand that no method of electronic storage or transmission is completely secure. Additional information is provided in the Bebob Privacy and Cookies Policy.
Limited Warranty and Indemnification
The service and all content are provided on an "As Is" and “As Available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, freedom from interruption, viruses or other defect, and non-infringement.
Your sole remedy against us for dissatisfaction with the service or any content is to stop using the service or any such content. In no event shall we or our subsidiaries, officers, directors, employees, agents, licensors, or content providers (our “Affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.
To the maximum extent permitted by applicable law, Bebob assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Bebob, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding one dollar.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bebob has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
We are not responsible for and do not necessarily hold the opinions expressed by our users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of Bebob. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our Service, Bebob is not undertaking any obligation or liability relating to the content. Bebob and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Bebob reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.
Bebob takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Bebob assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Bebob shall not be liable for any damages you allege to incur as a result of User Content. Bebob reserves the right, but has no obligation, to monitor disputes between you and other users.
We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website. You expressly release us from any and all liability arising from your use of any third-party website.
Intellectual Property Rights
Except for User Content (defined above), all materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.
Other than as provided herein, Bebob does not grant to user any license, express or implied, to the intellectual property of Bebob or its licensors. Except as expressly provided in the Terms and Conditions, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
Subject to the terms and conditions of this Agreement, Bebob provides you with a non-exclusive, revocable license to use the Service as expressly permitted by the features and functionality of the Service and the Terms and Conditions. Bebob may terminate this license at any time for any reason or no reason.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bebob without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
The Terms and Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
Bebob shall not be responsible for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of nature or governments, interruptions of telecommunications, power or transportation, failure of contractors or suppliers, or inability to obtain necessary labor or materials. In the event of a Force Majeure, Bebob reserves the right to cancel the applicable order without liability to you.
No failure or delay of either party in exercising it rights hereunder shall be deemed to be a waiver of such rights unless expressly made in writing by the party waiving its rights. If any provision in these Terms shall be found or held to be void, the validity of the remaining provisions shall not be affected thereby.
The Contract shall be construed and interpreted in accordance with the substantive laws of Finland, excluding its rules for choice of law. The United Nations Convention of Contract for International Sale of Goods (CISG) will not apply to the Contract.
Any disputes relating to or arising in connection with the Contract shall be finally settled in arbitration conducted under the Arbitration Rules of the Finnish Central Chamber of Commerce, by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Oulu, Finland and the language to be used in such proceedings shall be English unless both parties are Finnish. The award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. Nothing in the Contract shall be deemed to limit the right to seek interim injunctive relief or to enforce an arbitration award in any court of law.
If you have questions regarding this Agreement or about Bebob, please contact us by email at firstname.lastname@example.org, or at: Bebob Builder Oy, Ratamestarinkatu 7, 00520 Helsinki, Finland.