Bublup Terms Of Service
Revised July 15, 2024
Thank you for your interest in Bublup!
By using any of Bublup’s websites, mobile applications, browser extensions, and other products and services (or “Services” for short) you agree to the Terms. If you don’t agree with any of the Terms, please simply stop using Bublup and send us an email about your concerns (info@bublup.com). Please note that we may update the Services and the Terms from time to time as explained in more detail below.
1. Who Can Use the Services
You must be at least 13 to use Bublup and a real person – no fake accounts please!
To use the Services, you must be able to form a legally binding contract with Bublup. By using the Services, you affirm that you are: (i) at least 18 years of age, (ii) an emancipated minor, or (iii) at least 13 years of age and you received the consent of your parent or legal guardian. If you are under the age of 13, you may not use the Services. When you create a Bublup account, you must provide accurate and complete information.
2. Rights Bublup Grants to You
We would love for you to use Bublup, but you must be nice. Please don’t try to break Bublup, don’t do anything illegal, and don’t be mean to other people.
Bublup grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms. In other words, you may only use the Services as expressly permitted in this agreement.
With certain features, you can save web links, images, videos, text, and other materials (referred to as “Content”) to access at a later time, publish in a Roll, or share with others. You are solely responsible for this Content. You shall not, at any time, use the Services to save Content that is illegal or infringes the privacy, publicity, or intellectual property rights of others. And you shall not use the Services to bully, harass, intimidate, or defame anyone. For more information about the Content you may use with Bublup, please see “Bublup’s Acceptable Content Policy” below.
You must also respect Bublup’s rights, meaning you shall not:
- use Bublup’s logo, trademark or branding without Bublup’s prior written consent;
- distribute any part of the Services without Bublup’s prior written consent;
- attempt to alter, break, circumvent, disrupt, reverse engineer, or gain unauthorized access to any part of the Services;
- attempt to manipulate or influence any part of the Services;
- use or launch any automated means (including scripts, bots, crawlers, spiders, and scrapers) to create accounts, access, or use the Services;
- collect or store personal data about other users in connection with any prohibited conduct and activities;
- use the Services to send unsolicited communications, promotions or advertisements, or spam;
- use the Services to send altered, deceptive or false source-identifying information, including by “spoofing” or “phishing”;
- use the Services to promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to get more storage space than deserved;
- sell access to the Services;
- share your password, let anyone access your account, or do anything that might put your account at risk;
- use the Services to develop a product or service that is competitive or similar to the Services; or
- use the Services in violation of any applicable law or regulation.
3. Rights You Grant to Bublup
You are solely responsible for the stuff you save and share on Bublup. Make sure you have the legal rights to do these things. When you put stuff on Bublup, you give us certain rights that we need in order to follow your instructions, like when you ask us to save, publish, and share your stuff. We can also remove any content that is illegal or violates our policies.
Much of the content on the Web, including text, images, and videos, is protected by copyright and/or other intellectual property rights. When you use the Services to save Content to your account (referred to as “your Content”), you are solely responsible for that Content. Solely for the purpose of providing the Services to you, you grant Bublup a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content.
After you or Bublup terminates or deactivates your account, or you remove your Content from Bublup, we may retain your Content for a commercially reasonable period of time. Nothing in these Terms, however, shall restrict other legal rights Bublup may have to your Content. For example, if your Content is in the public domain or Bublup has another license to your Content, then we may retain the Content indefinitely or in accordance with the terms of the other license. We reserve the right to remove or hide your Content for any reason and at any time, including instances where your Content violates the Acceptable Content Policy described below. We may also set and enforce limits on the amount of Content that you can save to your account or share with others, including limits on storage capacity, file size, media duration, and the volume of uploads and downloads. For more specific information about how Bublup uses the Content you save, please see our Privacy Policy.
4. Bublup’s Acceptable Content Policy
There are some things that we just don’t want on Bublup. If we find something that’s illegal, hateful, or harmful to others, we will remove it.
We want Bublup to be a fun and safe place for you to organize, share, and discover new stuff. To meet that goal, we created some guidelines to help you understand the types of Content that we do and do not allow on Bublup. In some cases, our software will automatically remove or hide Content that violates this policy. In other cases, we may manually remove or hide Content in response to reports from Bublup users. If you ever feel that your Content was removed or hidden in error, please email us at support@bublup.com.
Content that is PROHIBITED on Bublup
Content that is generally allowed on Bublup
Sexually exploitive / abusive content.
When we detect content that sexually exploits people, whether adults or minors, we will remove it. We will also report any content depicting or encouraging sexual abuse of minors to law enforcement authorities.
No acceptable alternative.
Porn
Hard to define, but we know it when we see it. We’ll remove or hide any content that you share publicly if it comprises explicit sexual activity or people in sexually suggestive poses.
Non-sexualized nudity.
Nudity that is artistic or not sexually suggestive is OK. Think of Michelangelo’s David sculpture.
Gratuitous or physically harmful content.
Historic, newsworthy, or resourceful content.
Hate speech, discrimination, and bullying.
Critiques of public figures.
Promotion of illegal or regulated goods.
Descriptions of illegal or regulated goods.
Malicious files.
No acceptable alternative.
Fake accounts.
Fan and commentary accounts.
5. Third-Party Terms
We integrate certain third-party services to provide some great features. These services may have their own terms of use. You agree to those terms when using Bublup.
Bublup has a lot of useful features, some of which are the result of integrations with third-party service providers. For example, we integrate the YouTube API Services so that you can save links to YouTube content and later view that content without leaving Bublup. Similarly, our AI Creator feature integrates with ChatGPT, an AI language model developed by OpenAI, to populate your folders based on your input. Services like YouTube and ChatGPT have their own terms of service, and by using Bublup, you agree to also be bound by those third-party terms. We will provide links to applicable third-party terms of service here.
- Youtube: https://www.youtube.com/t/terms
- ChatGPT: https://openai.com/policies/terms-of-use
6. Plans, Fees, and Payments
Some of our plans cost money. When you sign up for a paid plan, you agree that we can automatically charge your credit card each month until you cancel. If we change our prices, we will give you plenty of notice, but it’s still up to you to cancel.
Bublup may offer any combination of free, promotional, and paid plans. When you subscribe to a paid plan, you agree to pay the fees associated with that plan, including any applicable taxes, in the currency shown at the time of purchase (the “Fees”). You must provide us with complete and accurate payment information, and you authorize us to charge the Fees to your payment method. If your payment information is incorrect or unauthorized, you understand that we may downgrade your subscription to a free plan until we receive proper payment.
We may offer both monthly and yearly subscriptions for paid plans. The day you first subscribe to a paid plan establishes your renewal date. When you select a monthly subscription, your plan will automatically renew every month on your renewal date (e.g., the 12th of every month). When you select a yearly subscription, your plan will automatically renew every year on your renewal date (e.g., March 22 of every year). We will charge the corresponding Fees to your credit card on or about your renewal date until you cancel your subscription.
You may upgrade, downgrade, or cancel your subscription at any time (cancelling your subscription is the same as downgrading to a free plan). When you downgrade from or cancel a paid plan, the change will take effect on your next renewal date. For example, if you subscribe to a monthly paid plan that renews on the 12th of every month, and you cancel on the 2nd of the month, you will maintain your paid plan through the 11th of that month. Bublup does not provide refunds for partial months or years. When you upgrade to a paid plan, the change will take effect immediately and establish a new renewal date. Bublup will immediately charge the Fees for the upgraded plan and apply a credit for any unused portion of your prior paid plan’s subscription.
Promotional plans expire on the date provided with the promotion. Upon expiration, a promotional plan will automatically convert to a free plan if you do not currently subscribe to a paid plan. Bublup does not provide any service credits if you subscribe to a paid plan while you have an unexpired promotional plan.
Bublup may change the Fees at any time, and we will notify you if we do so. If you don’t agree to the changes, you must downgrade or cancel your paid subscription prior to your next renewal date.
7. Feedback You Provide
We greatly appreciate your suggestions on how to make Bublup better. Unfortunately, we can’t compensate you for your ideas.
8. Copyright Policy
We respect everyone’s intellectual property rights, and we work hard to comply with corresponding laws. If you believe that your content is being misused or was mistakenly removed from Bublup, let us know as described in more detail below.
Copyright Infringement Notification
gThe Digital Millennium Copyright Act of 1998 (“DMCA”) specifies rules for proper notification and takedown of infringing Content. In accordance with these rules, if you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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, and information reasonably sufficient to permit Bublup to locate the material.
- Information reasonably sufficient to permit Bublup to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner which is the subject of the complaint is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that Bublup may not consider your DMCA notice if you do not include all of the above information. Our Copyright Agent may be reached at copyright@bublup.com or:
Bublup, Inc.
Attention: Bublup Copyright Agent
175 Chain Bridge Rd.
Arlington, VA 22101
You may also submit DMCA notices using our online form (when available).
Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to save and use the material in your Content, you may send a counter-notice containing the following information to Bublup’s Copyright Agent:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court in Fairfax, Virginia, and that you will accept service of process from the person who provided notification of the alleged infringe
If Bublup’s Copyright Agent receives a counter-notice, Bublup may send a copy to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at Bublup’s sole discretion.
9. Right of Control and Termination
Occasionally, some people do bad things. When that happens, we can terminate or suspend their accounts as necessary. We can also delete inactive and non-paying accounts.
Bublup may terminate or suspend your account at any time, for any reason (including, without limitation, violations of these Terms, inactivity, and non-payment), and with or without notice to you. Upon termination or suspension, we may delete your account and all related information and files in your account. You continue to be bound by these Terms following any termination, suspension, or deletion of your account.
10. Warranty Disclaimer
Bublup comes without warranties of any kind, and we aren’t responsible for content saved and shared by our users, some of which you may find objectionable. If Bublup isn’t for you, then please let us know how to make it better or simply stop using it.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BUBLUP, ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “BUBLUP PARTIES”) DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT, AND YOU AGREE THAT THE BUBLUP PARTIES WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE BUBLUP PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE SERVICES ARE CONTROLLED AND OFFERED BY BUBLUP FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE BUBLUP PARTIES MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
11. Limitation of Liability / Waiver
We aren’t liable for any damages or injuries you sustain while using Bublup.
12. Disputes / Indemnity
Hopefully our team can address any issues you might experience with Bublup, but if you decide to sue us, you must do so in Virginia. And if someone sues us for something you did, then you, and not Bublup, will be responsible.
You agree that the Services shall be deemed solely based in the Commonwealth of Virginia (USA) and do not give rise to personal jurisdiction over the Bublup Parties, either specific or general, in jurisdictions other than Virginia. These Terms shall be governed by the internal substantive laws of Virginia without respect to its conflict of laws principles.
You will resolve any claim, cause of action, or dispute (“claim”) you have with the Bublup Parties arising out of the Services exclusively in a court of competent jurisdiction located in Fairfax County, Virginia (USA), and you agree to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims. YOU SHALL BRING ANY SUCH CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
13. Entire Agreement / Severability
Our agreement with you is limited to documents signed or approved by Bublup.
14. Revisions of the Terms and Services
We can amend the terms at any time, and we’ll always post the most current version on our website. We can also change or eliminate Bublup features without notice to you.
We can also change the Services from time to time as we evolve, refine, or add more features. This will often happen without prior notice to you. In addition, Bublup may temporarily or permanently stop providing the Services altogether, or any features within the Services, and we may not be able to provide you with prior notice.