Terms Of Service

Welcome to BBapp application. By using BBapp App Services, you agree to the following terms and conditions, and any policy, guidelines or amendments thereof that may be presented to you from time to time (collectively called the "Agreement"). You may obtain a copy of this Agreement by emailing us at contact@blablacube.com.

1. AGE RESTRICTION

In order to use or access the BBapp services, you affirm and warrant that you are currently over the age of eighteen (18) years or at least the age of majority and eligible to view, possess or otherwise use the BBapp applications and the BBapp services.

2. PRIVACY POLICY

By using the BBapp Services, you acknowledge and agree the terms contained in the Privacy Policy and the same is hereby incorporated into this Agreement by reference (https://bbapp.blablacube.com/privacy_bbapp.php). Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

3. PROPRIETARY RIGHTS

The BBapp Applications, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including but not limited to the mobile device applications, and all other elements of the BBapp Services (collectively, the "Materials") are protected by copyrights, trademarks, service marks, patents, intellectual property and other proprietary rights and laws.

4. MODIFICATIONS

BBapp reserves the right to change, modify, add, or remove portions of this Agreement or any guidelines at any time with or without notice. Your continued use of the BBapp Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. BBapp shall not be liable to you or to any third party for any modifications or changes of the BBapp Services. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of BBapp partners, advertisers, or business associates, and you should refer to those before using such services or products.

5. PROHIBITED CONDUCT & USES

YOU HEREBY AGREE THAT YOU WILL NOT:

(a) insult, threaten users;

(b) access the BBapp Services accounts of other Users;

(c) remove, circumvent, disable, damage or otherwise interfere with security-related features of the BBapp Services, features that prevent or restrict use or copying of any content accessible through the BBapp Services, or features that enforce limitations on use of the BBapp Services;

(d) use the BBapp Services for any illegal purpose, or in violation of any local or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

(e) use any robot, spider, scraper or other automated means to access the BBapp Services for any purpose without BBapp’ express written permission or bypass BBapp robot exclusion headers or other measures BBapp may use to prevent or restrict access to the BBapp Services or modify the BBapp Services in any manner or form, nor to use modified versions of the BBapp Services, including (without limitation) for the purpose of obtaining unauthorized access to the BBapp Services, without BBapp agreement.

(f) intentionally interfere with or damage operation of the BBapp Services by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the BBapp Services, features that prevent or restrict use or copying of any content accessible through the BBapp Services, or features that enforce limitations on use of the BBapp Services;

(h) attempt to gain unauthorized access to the BBapp Services, or any part of it, other accounts, computer systems or network connected to the BBapp Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the BBapp Services or any activities conducted on the BBapp Services;

6. SUSPENSION OF SERVICE

(a) BBapp reserves the right to disable any user's use of or access to the BBapp services for any reason and without any notice.

7. END USER LICENSES

(a) LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the BBapp Application you must have a mobile device that is compatible with the BBapp Services. BBapp does not warrant that the BBapp Services will be compatible with your mobile device.

(1) License Grant. BBapp hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the BBapp Application as follows: You may use the BBapp Application for one BBapp Services subscription account on multiple mobile devices owned or leased solely by you, for your personal use.

(2) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the BBapp Application, except to the extent that such restriction is expressly prohibited by United States or Hong Kong law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the BBapp Application to any third party or use the BBapp Application to provide time sharing or similar services for any third party; (iii) make any copies of the BBapp Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the BBapp Application, features that prevent or restrict use or copying of any content accessible through the BBapp Application, or features that enforce limitations on use of the BBapp Application; or (v) delete the copyright and other proprietary rights notices on the BBapp Application.

(3) Software Upgrades. You acknowledge that BBapp may from time to time issue upgraded versions of the BBapp Application, and may automatically electronically upgrade the version of the BBapp Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

(4) Open Source. With respect to any open source or third-party code that may be incorporated in the BBapp Application, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

(5) Rights Reserved. The foregoing license grant under this Agreement is not a sale of the BBapp Application or any copy thereof and BBapp or its third party partners or suppliers retain all right, title, and interest in the BBapp Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. BBapp reserves all rights not expressly granted under this Agreement.

(6) Trademarks, Service Marks and Logos. The name of this Web Site is a service mark of BBapp. No use of this mark shall be permitted except through the prior written authorization and permission of BBapp. All rights reserved.

(b) EXPORT CONTROL. The BBapp Application may be subject to the import and export laws of the United States, Hong Kong, and other countries. You agree to comply with all United States, Hong Kong, and foreign laws related to use of the BBapp Application and the BBapp Services.

8. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

(a) The BBapp Services may include links to other web sites or services solely as a convenience to Users. BBapp does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, BBapp makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

(b) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BBapp Services are solely between you and such advertiser. You agree that BBapp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the BBapp Services.

(c) Parties other than BBapp may provide services or sell products via the BBapp Services. BBapp are not responsible for examining or evaluating, and BBapp do not warrant the offerings of, any of these businesses or the content of their product and service offerings. BBapp does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

9. TERMINATION

You agree that BBapp may terminate any account or subscription (or any part thereof) you have with the BBapp Services or use of the BBapp Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the BBapp Services or any account you may have or portion thereof may be effected without prior notice, and you agree that BBapp will not be liable to you or any third-party for any such termination. BBapp does not permit copyright infringing activities on the BBapp Services, and reserves the right to terminate access to the BBapp Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BBapp may have at law or in equity.

10. DISCLAIMERS

(a) the BBapp services and any third-party software, services, or applications made available in conjunction with or through the BBapp services are provided "as is" and without warranties of any kind either express or implied. BBapp, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

(b) BBapp and its suppliers and partners do not warrant that the functions contained in the BBapp services will be uninterrupted or error-free, that defects will be corrected, or that the BBapp services or the server that makes them available are free of viruses or other harmful components.

(c) BBapp, and its suppliers and partners (including without limitation BBapp third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the bbapp services in terms of security, safety, correctness, accuracy, reliability, or otherwise. you (and not BBapp or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the bbapp services. you understand and agree that you download or otherwise obtain material or data through the use of the bbapp services at your own discretion and risk.

11. INDEMNITY

You agree to indemnify and hold BBapp, its affiliated companies, officers, directors, employees, suppliers, agents, and partners harmless from and against any claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, arising out of or related to (a) your use or misuse of any location information or the BBapp Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the BBapp Services to meet another User in-person or to locate and attend any offline place or event. BBapp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with BBapp' defense of these claims. BBapp will provide prompt notice of any such claim, suit or proceedings to you.

12. LIMITATION OF LIABILITY

(a) you acknowledge and agree that under no circumstances, including, whithout limitation, negligence, will BBapp or its affiliates, contractors, employees, agents, directors or third-party partners or suppliers be liable to tou for any special, indirect, incidental, punitive, reliance, consequantial, or exemplary damages related to or resulting from:

(2) your use or inability to use the BBapp services;

(3) the BBapp services generally or the BBapp application or systems that make the BBapp services available; or

(4) any other interactions with BBapp or any other user of the BBapp services, even if BBapp or a BBapp authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this provision will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

(b) in no circumstances shall BBapp’ (or its affiliates, contractors, employees, agents, directors, suppliers, or third-party partners) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the bbapp services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by you for accessing the BBapp services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars, whichever is greater.

(c) the limitations of liability set forth in this provision shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than bbapp and received through or advertised on the BBapp services or received through any links provided on the BBapp services.

(d) applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that BBapp’ liability will be limited to the extent permitted by law.

13. GOVERNING LAW AND JURISDICTION

(a) The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the BBapp Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong"), without regard to any conflicts of laws principles. Both you and BBapp shall submit to the exclusive jurisdiction of the courts of Hong Kong.

(b) Any dispute or claim between you and BBapp regarding the BBapp Services must be settled by arbitration utilizing the dispute resolution procedures of Hong Kong.



14. IN APP MESSAGES

By registering to BBapp Services you provide your consent to receive ‘in app messages’ that will include surveys, offers, and other promotional materials related to BBapp Applications and/or the BBapp Services, as well as targeted offers from third parties. You can opt out from the service by deleting BBapp Applications or, if your mobile operating system allows you to do so, by modifying the in app message notification settings.

15. DELETION OF PERSONAL DATA

It is only kept for the time necessary for its use, when you delete your account all personal data is automatically deleted. BBapp may keep your Personal Data and usage history that have been removed by moderation as needed to comply with BBapp’ legal obligations, resolve disputes, and/or enforce any of BBapp ’ agreements.

16. MISCELLANEOUS

(a) SEVERABILITY. If any provision or any part of a provision of this Agreement shall be invalid or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

(b) WAIVER. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

(c) NOTICES. BBapp may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the BBapp Services.

(d) ASSIGNMENT. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by BBapp without restriction.

(e) SURVIVAL. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, provisions 1, 4, 5, 6, 7, and 11 through 14 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the BBapp Services.

(f) HEADINGS; ENTIRE AGREEMENT. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between the parties with respect to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by BBapp as set forth in provision 3 above.

(g) claims. you and BBapp agree that any cause of action arising out of or related to the bbapp services must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.