Privacy Policy

TERMS AND CONDITIONS OF SERVICES:

Important Parameters:

PLEASE READ CAREFULLY BEFORE USING HEYBUBBLE INC. WEBSITE, www.heybubble.com (THE “SITE”) THIS IS A LEGALLY BINDING AGREEMENT BETWEEN HEYBUBBLE INC AND YOU (THE USER). IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF HEYBUBBLE INC, DOCUMENTATION AND ASSOCIATED MATERIALS AND PRODUCTS. BY SELECTING "I AGREE" OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE (ARE NOT AUTHORIZE TO USE) THE SITE. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AS MAY BE MODIFIED BY HEYBUBBLE INC AT ANY TIME WITHOUT NOTICE TO YOU. PLEASE CHECK THIS PAGE REGULARLY FOR UPDATES.

Our Service and Products:

All the information and materials provided in the Site used by the user will be called service and products. Once the user accepts the Terms and Conditions of the Site, Its use by you will be subject to its holder.

The service and products that are offered in the site are operated by HEYBUBBLE INC a company located and register at 175 VARICK STREET, New York, NY, 10014, in The United States of America. The service and products are subject to the terms and conditions and their availability may vary by state and your individual circumstances and additional limits may be required in your state.

HEYBUBBLE INC holds exclusive rights on how all service and products will function, what the subject matter will be and whether to cease providing these service and products.

Furthermore HEYBUBBLE INC holds exclusive rights to change, add and remove any part of the materials or/and information it provides, which may change the nature and contents of the service.

Permitted Use:

All of the content in the Site is made available for your personal lawful and commercial use. You may use materials obtained from the Site for the permitted purposes set forth in these Terms of Use, provided.

Mandated by law, according to age restriction, you may not enter into this agreement and use the service and products offered here in this website if You are not 18 years old or older.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use this kind of Internet service, you may not enter into this Agreement. By entering into this agreement You (The User) have verified in your own jurisdiction if your use of the HEYBUBBLE INC is allowed.

The services and products of HEYBUBBLE INC only can be accessed by logging on its website. Once You (The User) create an account, we will provide a unique password that must not be used by third parties without Your (The User) consent.

Except as expressly mandated by law you may not, without our prior written permission: post, transmit, copy, modify, create derivative works from, distribute, sell or republish anything you obtain or download from this site. All contents, phases and vocabulary added to the network through the service are responsibility of You (The User). You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying HEYBUBBLE INC or which HEYBUBBLE INC in its sole discretion determines to be unacceptable.

Even if you have subscribed to any of the HEYBUBBLE INC services, HEYBUBBLE INC reserves the right to terminate.

Copyright and Trademarks Act:

Except as otherwise indicated, all materials in the Site including without limitation the HEYBUBBLE INC. logo and other HEYBUBBLE INC trademarks and service marks are the property of HEYBUBBLE INC. and are protected by International Copyright and trademark laws, all rights reserved. You may not modify, adapt, translate, reverse engineer, decompile, or create derivative works using or based on our service, or use HEYBUBBLE INC to provide services for third parties, nor may you allow others to do so. HEYBUBBLE INC reserves all rights not expressly granted herein. HEYBUBBLE INC. owns all right title and interest in and to the Service and products and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect HEYBUBBLE INC ownership or proprietary rights therein or any other HEYBUBBLE INC information or materials, tangible or intangible, in any form and in any medium.

HEYBUBBLE INC. States that it has rights to intangible assets of offered services, website layout and company signs, symbols and trademarks used within its parameters of action and is protected by an act dated 4th February 1994- Copyright and Neighboring Rights; an act dated 16th April 1993- Combating of Unfair Competition; an act dated 30th June 2000-Industrial Property Rights; European Union Law and other binding international agreements.

To the Digital Millennium Copyright Act ("DMCA") The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

Account Termination:

You (The User) may terminate the service and terms of use without notice to HEYBUBBLE INC by clicking close my account.

In the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then ANY of the following may occur:

You may be issued a warning; your access may be suspended or use of your account may be temporarily or permanently blocked; other action may also be taken against you.

HEYBUBBLE INC will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

HEYBUBBLE INC reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. HEYBUBBLE INC may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a HEYBUBBLE INC. employee, administrator or representative; (d) disparaging the HEYBUBBLE INC. service, HEYBUBBLE INC. or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate. In addition, examples of unacceptable conduct include, but not be limited to, hacking the website, stealing the account or nickname of another user, sending a Trojan, worm, time bomb or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by HEYBUBBLE INC. to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by HEYBUBBLE INC. with respect to any similar behavior in the future. Without assuming the responsibility therefore, HEYBUBBLE INC. also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organization.

GUARANTEE AND LIMITED LIABILITY:

In accordance with the use and purpose of our products and services HEYBUBBLE INC. will guarantee a high level of operational quality to ensure uninterrupted accessibility and continuity of its offered products and services. However, no long distance data transmission can ensure 100% security, continuity and accessibility of services that are provided.

WE DO NOT WARRANT THAT ALL THE SERVICES OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE LIMITATION OF LIABILITY AND INDEMNIFICATION TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEYBUBBLE INC. OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "HEYBUBBLE INC. PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF HEYBUBBLE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HEYBUBBLE INC. PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE HEYBUBBLE INC. SERVICE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.

Final Note:

Every attempt to resolve disagreements amicably of these terms and conditions will be made between you (the user) and HeyBubble Inc. If an agreement cannot be met then all enforcement or interpretation of this Agreement will be governed by the substantive laws of the State of New York. In the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, and Borough of Manhattan. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of New York and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan.

PARTNER PROGRAM TERMS AND CONDITIONS:

In consideration of the terms and covenants of this agreement, and other valuable consideration, HeyBubble Inc and Company agree as follows:

Definitions:

“Agreement” refers to the HeyBubble Partner Agreement by and between HeyBubble Inc and Company, together with these Program Terms.

“Company” refers to the entity entering into the Agreement with HeyBubble Inc.

“Program” refers to the HeyBubble Partner Program.

“Program Terms” refers to these HeyBubble Partner Program Terms and Conditions.

Program Participation:

Participation in the HeyBubble Partner Program is dependent upon your agreement to these terms and conditions. By signing up for the service, you agree to be bound by the following terms & conditions and acknowledge that any violation of these terms may result in the termination of your account and suspension of any payments due under the program.

The program is operated by HeyBubble Inc, a USA registered company, located at 175 Varick Street, 8th Floor, New York, NY, 10014, USA.

You must be a living person. Automatic registration of an account by bots, scripts or otherwise will result in account termination without notice.

You must be 18 years of age or older to participate.

One legal entity may not maintain more than one (1) Partner Program account.

Your account information, including your e-mail address and any other personal or contact information gathered during the signup process, must be kept current.

You are responsible for keeping login information private and secure. HeyBubble Inc will not be responsible for any loss or damage resulting from login information being shared deliberately or accidentally with a third party.

HeyBubble Inc reserves the right to change these terms & conditions at any time.

Subject to the terms and conditions of the Agreement, Company may participate in the Program during the term of this Agreement.

General terms:

Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the Company's participation in the Program and supersedes any prior discussions, communications, negotiations, proposals or agreements on the subject matter. No waiver of any of the Agreement’s terms shall be deemed a further or continuing waiver of terms, and HeyBubble's failure to assert its rights or provisions under the Agreement shall not constitute a waiver of such rights or provisions.

Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of New York, United States, excluding its choice of law rules.

Construction. Inconsistencies, ambiguities or conflicts in this Agreement will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting, rather than being strictly construed against the drafter of this Agreement. Section titles and headings in the Agreement are for convenience of reference only and shall not control or alter the construction of any provision of this Agreement.

Notices. HeyBubble Inc will notify Company of any changes to the benefits and requirements of the Program by posting such changes on the HeyBubble Partner website or on any successor site.

Benefit and Assignment. This Agreement shall benefit and be binding upon the parties hereto and upon their respective successors and permitted assigns. Company does not have the right to assign, delegate or otherwise transfer its rights or obligations under this Agreement, except with the prior written consent of HeyBubble Inc, which HeyBubble Inc may withhold. Any prohibited assignment or transfer will be considered null and void. HeyBubble Inc may use its own discretion to assign this Agreement in the event of a merger, acquisition, reorganization, or sale of its assets.

Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. Should any provision of this Agreement be deemed invalid, the parties agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.

Excusable Delays. Neither party will be held liable or responsible for a delay or failure to perform any of its obligations under this Agreement if a cause beyond reasonable control prompts such an interruption The affected party will resume full performance of its obligations as soon as practical upon cessation of interrupting causes.

Payments:

Payments under this scheme will be calculated based on a percentage of payments made to HeyBubble Inc by customers referred by you under this program.

This percentage is fixed at 25% (twenty-five percent).

Payments will be made at the end of a billing cycle. For example, a monthly payment made to HeyBubble Inc will be passed on to the partner after a period of one (1) calendar month.

Payments will only be made for active accounts. Any account without active use, or any account displaying suspicious activity, will be excluded from the program.

Payments will not be made if fraudulent activity is detected or if payment is reversed by the customer. Company must inform HeyBubble Inc if you are registered for VAT in any European country. Any fines resulting from failure to declare VAT registration status will be the sole responsibility of Company.

All payments will be made by PayPal.

You may withdraw funds when the balance reaches $50 (fifty) US dollars. Request for withdrawal must be made in your panel.

All withdrawals are handled by PayPal in USD. Withdrawal costs are covered from your balance.

No payments will be made for signups resulting from any activity specifically prohibited in this agreement.

The Program allows you to track sales. Since the HeyBubble Affiliate Program is cookie based, when someone clicks your referral link, a cookie is saved in their web browser.

Restrictions:

You may not, at any time, identify yourself or allow yourself to be identified as a representative, director, employee or officer of HeyBubble Inc. You may use the term “HeyBubble Partner.”

You are prohibited from using or permitting others to use unsolicited bulk email to distribute material or links related to HeyBubble Inc products and services.

You are prohibited from using or permitting others to use links or materials related to the Program that mislead users in any way, nor may you employ false advertising in relation to any HeyBubble Inc product or service.

You may not use the Google Adwords platform or any other keyword-based advertising platform to place links to HeyBubble Inc products or services. You may also not use any HeyBubble Inc trademark as part of keyword-based advertising of your own site(s).

You are prohibited from automating or permitting others to automate visits to links related to the Program. This includes any abuse of images, JavaScript or other web technologies (clickjacking, traffic hijacking) to generate visits to Program links other than valid sales leads.

You are prohibited from creating accounts on behalf of other people (with or without their consent) as well as signing up for your own accounts under the Program.

You are prohibited from encouraging existing customers to cancel accounts in order to return under the Program. Existing customers creating additional accounts may be disqualified from the Program.

You may not engage in, or allow others to engage in, money laundering, credit card fraud, or any other illegal activity with relation to the Program.

Marketing cross-references:

HeyBubble Inc may include Company's name, corporate logo, a short description of the Company's business, a link to the Company's website, and/or Company contact information on websites belonging to HeyBubble Inc or its subsidiaries and on program member directories. Company will provide to HeyBubble at our request color artwork of Company's name and/or logo using the form and media type specified by HeyBubble for such purposes. Company will acknowledge membership in the Program by using the Program's logo (as provided by HeyBubble) in an appropriate position on the Company's website to link to the HeyBubble website. Use of the other party's name or logo shall not create any right, title or interest in or to the same; all such use and goodwill associated with such name and logo will inure to the benefit of respective owner of such name or logo. Each party agrees to comply with reasonable use instructions provided by the other in connection with such usage.

For promotion purposes, Company can choose from a variety of ready-to-use texts and images made available by HeyBubble in Company’s panel. The Company can also promote HeyBubble and increase the visibility of its referral link in the following ways:

Banner placement on websites
Links within the Company’s email signatures
Facebook and Twitter updates containing Company’s referral link
Written reviews using available text assets and screenshots
Distribution of ready-made newsletters
Provision of link directly to customers

Software:

This Agreement does not include or provide for any software licensing. Any software (including any updates and upgrades thereto, as well as any related technical support and documentation) provided by HeyBubble Inc to Company shall be subject to and governed by the terms and conditions of the applicable HeyBubble Inc software license agreement(s) entered into by the parties. Nothing herein shall be deemed to amend, alter or otherwise affect the terms of any such software license agreement(s).

Program changes:

HEYBUBBLE INC reserves the right to make changes to the requirements and/or benefits of the Program, or to discontinue the Program, at its sole discretion. Additional rules, terms, conditions and/or restrictions may apply to benefits available under the Program. Company agrees to review the HeyBubble Partner website or successor site on a regular basis for the Program’s latest benefits and requirements.

Publicity:

No press release or public announcement relating to either this Agreement or the relationship resulting from this Agreement shall be issued by Company without the prior written consent of HEYBUBBLE INC. Company shall not publish or communicate the terms of the HeyBubble Partner Agreement to any third party.

Relationship of the parties:

Company understands and agrees that the relationship with HEYBUBBLE INC arising from this Agreement does not create or constitute a legal partnership, general agency, joint venture, employee relationship or franchise between them. The relationship between the parties shall at all times be that of non-exclusive independent contractors. Neither party will be liable for debts, obligations or responsibilities of the other party, and neither party will have the right or authority to assume or make any recommendations or representations for the other, whether expressed or implied, on behalf of or in the name of the other party or to bind the other party in any manner.

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES WILL HEYBUBBLE INC BE LIABLE TO COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES (INCLUDING LOST DATA, SAVINGS, PROFITS OR REVENUES, WITHOUT LIMITATION) ARISING FROM OR RELATED TO THIS AGREEMENT OR BENEFITS PROVIDED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEYBUBBLE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR CLAIM. NO ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY COMPANY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION, REGARDLESS OF FORM.

Termination:

Either party may terminate this Agreement upon seven (7) days' advance written notice to the other party should any term or condition of this Agreement be materially breached by the other party with failure to cure such breach within the seven (7) day notice period. Either party may terminate this Agreement for convenience at any time upon thirty (30) days' prior written notice to the other party. Should the Program at any time be discontinued, HEYBUBBLE INC may terminate this Agreement immediately upon notice.

All rights granted to Company under this Agreement shall immediately and automatically terminate with the expiration or termination of the Agreement. Any provisions in the Agreement which by their nature should survive shall survive and continue after termination of this Agreement in accordance with their terms. Termination of the Agreement shall not relieve Company of obligations or responsibilities accrued prior to termination.

Final Note:

Every attempt to resolve disagreements amicably of these terms and conditions will be made between you (the user) and HeyBubble Inc. If an agreement cannot be met then all enforcement or interpretation of this Agreement will be governed by the substantive laws of the State of New York. In the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, and Borough of Manhattan. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of New York and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan.

Privacy Policy:

Please refer to our Privacy Policy by accessing the website www.HeyBubble.com which includes information about personal data protection.

(Rev. May 5th 2014)