Terms and Conditions
SI NO HAS LEÍDO Y ACEPTADO EL AVISO DE PRIVACIDAD QUE APARECE EN LA BLABER APP (COMO MÁS ADELANTE SE DEFINE), DETENTE Y LEE A DETALLE DICHO AVISO DE PRIVACIDAD Y TE ESPERAMOS DE REGRESO PARA QUE LEAS A DETALLE LOS PRESENTES TÉRMINOS Y CONDICIONES. CUALQUIER PERSONA QUE NO ACEPTE ESTOS TÉRMINOS Y CONDICIONES GENERALES, LOS CUALES TIENEN CARÁCTER OBLIGATORIO Y VINCULANTE, DEBERÁ ABSTENERSE DE UTILIZAR EL BLABER APP Y EL PLATAFORMA BLABER. AL UTILIZAR EL BLABER APP Y/O CUALQUIERA DE LOS SERVICIOS OFRECIDOS EN EL PLATAFORMA BLABER, USTED ESTÁ OBLIGÁNDOSE AL CUMPLIMIENTO DE LAS REGLAS Y OBLIGACIONES PREVISTOS DENTRO DE LOS PRESENTES “TÉRMINOS Y CONDICIONES” (DE AQUÍ EN ADELANTE REFERIDOS INDISTINTAMENTE COMO “TÉRMINOS Y CONDICIONES” Y/O “CONTRATO”).
These Terms and Conditions of Use govern our relationship with you as a user of our BLABER APP (that is, Blaber apps on iOS® and Android®) and the BLABER Web.
This is an agreement between You and BLABER (defined below), therefore, before using the BLABER APP and/or the BLABER Platform, you must know your rights and obligations, as well as those of BLABER, before using the BLABER Platform, and/or the BLABER APP, since once inside, these conditions will be applicable to both parties.
For the purposes of this Agreement, it is understood as:
BLABER.- The company called BLABER, Inc., with address at 1309 Coffeen Avenue Suite 5523, Sheridan, WY 82801
BLABER Platform.- To the sites (such as www.Blaber.app), programs, applications and/or services offered by BLABER (including, but not limited to, this site, any chat, any mini-site, the BLABER APP, any application , any auxiliary application for the use or access of the service offered by BLABER, jointly and/or indistinctly
“Webapp” and/or “BLABER APP ”.- The application called BLABER, on the iOS or Android platform.
User and/or Users.- The natural person who accesses and/or is a beneficiary of one of the services of the BLABER Platform and/or the BLABBER APP, for whatever reason.
The terms in capital letters, but not defined herein, will have the meanings assigned to them in the Privacy Notice and/or in the Terms and Conditions provided herein.
The User must read, understand, and accept all the conditions established in these general Terms and Conditions, as well as in the Privacy Notice, as well as in the other documents and links incorporated therein by reference, prior to access and use. as User.
Failure to comply with any of the Terms and Conditions detailed below will result in the immediate termination of this agreement, attributable to the User and, consequently, of their Account.
Although BLABER prohibits unlawful and unethical posting and conduct, you understand and agree that BLABER is not, and will not be responsible for, content posted on the Service and, however, you may be exposed to such materials. By accessing the BLABER APP and/or using any of our BLABER Platform Services, you agree to use them at your own risk.
The Services offered by BLABER are only available to people who have the legal capacity to contract. People who do not have that capacity, Users who have been suspended or permanently disabled, may not use the services. So that:
- Any User must be 18 years of age or older to use this service and have legal permission to use this App under Mexican law.
- You must be human. Accounts registered by “bots” or other automated methods are not allowed.
- You must provide your full legal name, a valid email address, and any other requested information to complete the registration process.
- You are responsible for maintaining the security of your account and password. BLABER cannot and will not be liable for any loss or damage for failing to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (including when Content is posted by others who have access to your account). That is, you are responsible for your own email, address, password, username, debit and/or credit card entered in any field of the BLABER Platform and/or the BLABER APP.
- BLABER Service for any illegal, immoral, or unauthorized purpose.
- BLABER Service, violate laws, treaties, nor legal dispositions, in your jurisdiction (including, but not limited to, Intellectual Property laws).
All the obligations, prohibitions, limitations, permissions, authorizations, and other provisions provided for in this agreement for the use of both the BLABER web pages, as well as the services that BLABER offers, are mandatory and binding for the User.
It is obligatory to complete the subscription form in all its fields with valid data to use the services provided by BLABER.
The future User must complete the form with their personal information accurately, precise, and true manner (hereinafter “Personal Data”) and assumes the commitment to update and/or rectify the Personal Data as necessary. The User authorizes BLABER to use various means to identify their personal data, the User assuming the obligation to review, rectify and keep them updated.
BLABER is NOT responsible for the accuracy of the Personal Data of its Users. The User guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of their Personal Data.
BLABER reserves the right to request any proof and/or additional data to corroborate the Personal Data, as well as to suspend those Users whose data temporarily or permanently could not be confirmed.
The User will access his personal account (“Account”) by entering his Username or Pseudonym together with the chosen personal security code (“Security Code”). the user undertakes to maintain the confidentiality of your Security Code.
The Account is personal, unique, and non-transferable, and it is prohibited for the same User to register or have more than one Account. If BLABER detects different Accounts that contain matching or related data, it may cancel, suspend, or disable them.
The User will be responsible for all the operations carried out in his Account, since access to it is restricted to the entry and use of his Security Code, of exclusive knowledge of the User. The user undertakes to notify BLABER immediately and by suitable and reliable means, of any unauthorized use of your Account, as well as access by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the Account (including reputation and opinions) under any title is prohibited.
BLABER reserves the right to reject any subscription request or to cancel a previously accepted subscription, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or compensation.
This Service Agreement (this “Agreement”) is entered into between BLABER and You and is effective from the date of electronic acceptance.
The terms “we”, “us” or “our” will refer to BLABER. The terms “you”, “your”, “User” or “customer” will refer to any person or entity that accepts this Agreement and uses the Services, also known as a User, as applicable. Except as otherwise specified, nothing in this Agreement shall be deemed to confer any rights or benefits on any third party.
You acknowledge and agree that (i) BLABER, in its sole and absolute discretion, may change or modify this Agreement, and any policy or agreement attached hereto, at any time, and that such changes or modifications will be effective immediately thereafter. to be posted on this Site, and (ii) your use of this Site or the Services found on it, after changes or modifications have been made (as indicated by the “Last Revised” date). at the top of this page) will constitute your tacit acceptance of this Agreement, as last revised. BLABER urges you to constantly visit the Terms and Conditions section, to be aware of the most recent version thereof, which you can visit at: https://www.blaber.app/terms. If you do not agree with the provisions of this Agreement and with respect to the last revision, do not use (or continue to use) this Site or the Services offered on it. Notwithstanding what is established herein, at times, it is possible that BLABER will notify you of the changes or modifications made to this Contract by email, however, this will not be understood as an obligation for BLABER at any time.
Considering the foregoing, we would like to point out that it is extremely important that you keep your account information up to date, including your email address. BLABER at no time will be responsible if you do not receive any notification by email, derivative or because an email address is wrong or out of date.
3.- CLASS OF CONTENT
There are different types of content that you will have access to in the BLABER APP:
- Content that you upload (“Your Content”);
- Content that another user uploads (“User Content”); and
- Content that BLABER provides (including, without limitation, images, databases and/or software) (“Our Content”).
There is certain content that is not allowed on BLABER. We want our users to express themselves freely in BLABER, however, it is your sole responsibility to COMPLY WITH THE APPLICABLE LEGAL PROVISIONS, AS WELL AS WHAT IS CONTAINED IN THE PRIVACY NOTICE AND THE PRESENT TERMS AND CONDITIONS, all content that promotes, offers, encourages the use, sale, acquisition, and/or contains one or more of the following:
- Tobacco and related products.
- Cell phones and cell phone services, outlawed
- Weapons, ammunition, and explosive material.
- Narcotics and prohibited substances stolen property.
- Medicines, substances and products for health and/or aesthetics
- Human bones, organs, and waste
- Flora, fauna, and derivatives
- Mailing lists and personal database
- Products or services considered as pornography, nudes, semi-nude, sensual and/or sexual content, used underwear and the like and derivatives.
- Any content that may cause, insinuate, incite, promote, force, pander, pandering, prostitution, human trafficking, “escorts”, massages, companions, and/or any derived action.
- Any content that may cause, insinuate, incite, promote, compel, pander, violence, “bullying”, injuries, abuse, violations, death, use of weapons, drugs, alcohol, drug trafficking, drug dealing, and/or any derivative action and / or that could constitute a crime.
- Any advertisement that may cause, insinuate, incite, promote, compel, pander, discrimination.
- Decoders and antennas
- Publications that violate intellectual property rights
- Legal and personal documents
- Vehicles without documentation and products for vehicles that violate current laws
- Alcoholic beverages
- Toxic substances
- Tickets for shows in the country
- Any content that may cause, insinuate, incite, promote, compel, pimp, tax evasion.
- BLABER also prohibits the promotion and/or offer for sale, rent, bailment, and/or any form of transferring possession and/or ownership of vehicles, jewelry and/or real estate.
- Any topic contains language or imagery that may be abusive, insulting, threatening, or promotes racism, sexism, hate, or bigotry toward another person (including, for example, and without limitation, language that could be considered discriminatory with respect to race, color, a person’s ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
- Any subject contains language or imagery that is obscene, pornographic, violent or may offend human dignity (including, for example, and without limitation, language that could be considered discriminatory with respect to race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance of a person);
- Anything that is related to commercial activities (including, without limitation, the sale of products or services, competitions, advertising, links to other websites or premium phone numbers); is related to the sending of unwanted mail or “spam”; contains spyware, adware, viruses, corrupted documents, worm programs or any other malicious code intended to interrupt, damage or limit the operation of any software, hardware, telecommunications, networks, servers or other equipment, Trojan horses or any other material intended to damage, interfere, intercept or expropriate information or personal data from BLABER;
- Any content that shows another person and has been created or distributed without the express consent of the same;
- Any content that is harmful to minors;
- Impersonating another person, including using a false name.
BLABER has a zero-tolerance policy with this type of Content.
As your Content is unique, you are solely and exclusively responsible for it and which you will indemnify and defend and keep us out of any complaint related to it.
Do not post any personal contact or banking information on your profile that relates to you or another person (such as names, addresses, postal codes, mobile phones, emails, URL’s, credit/debit card or other bank details). If you decide to disclose any personal information to any user, in any way, it will be at your sole and exclusive risk. We ask that you exercise caution when disclosing information.
As BLABER is a public community, the User’s content (that is, “Your Content”), will be visible to other users, immediately, so make sure you agree with what you are going to post. You also acknowledge and agree that other users and people who visit, participate in, or receive a link to the BLABER APP (for example, people who receive a link to a user’s profile or content shared by other BLABER users) may see “Your Content”. By uploading “Your Content” on BLABER, you warrant to us that you have the necessary rights to do so and you automatically grant us the non-exclusive, perpetual, worldwide licensed right to use “Your Content” in any manner (including, without limitation, editing, copying, modification, adaptation, translation, creation of derivative works, advertisements, distribution, and in any other way necessary to make it available to other users as Content, in whole or in part, in any format known or hereafter developed).
We are not required to store “Your Content”, so it is important that you make a copy of it.
User content will belong to those who publish it and will be stored on our servers and published in the BLABER APP at the address that user decides.
You do not have any rights in relation to the Content of other users and you may only use the personal information of other BLABER users if it is consistent with BLABER’s purpose of allowing people to meet.
We reserve the right to delete your account if you misuse another user’s information.
You may be wondering what happens to the rest of the content on BLABER. Well, it belongs to us!
Any other text, content, graphics, interfaces, trademarks, logos, sounds, designs and any other intellectual property that appears on BLABER, as well as the BLABER software and database(s), are our property, are controlled or licensed and are protected by copyright, trademark, data, database rights and/or other legal intellectual property rights.
All rights, titles and interests in our content always belong to us and/or the right to use it has been authorized to us by means of the respective license of use.
We provide you with a non-exclusive, limited, personal, non-transferable license to access and use Our Content, without the right to a sublicense, under these conditions:
- You must not use, sell, modify or distribute Our Content except as permitted by the operation of the BLABER APP;
- You must not use our name in meta-tags, keywords and/or encrypted text;
- You must not create anything derived from Our Content or trace, render useless, decompile, analyze, or commercially exploit it, in whole or in part, in any way; and
- You should only use Our Content for legal reasons.
- We reserve all other rights.
- No obligation to pre-select content.
- Since BLABER is an online community and, except by order of a competent authority, we do not interfere, pry, intervene, or intrude on Your Content or any User Content, therefore, we do not assume any obligation to pre-screen Your Content or any User Content. However, there may be times when we need to intervene, and we reserve the right to review, shortlist, reject and/or remove any User Content and Your Content, including content exchanged between users in direct messages.
4.- RESTRICTIONS ON THE BLABER APP
By accessing the BLABER APP, We DO NOT control anything our users say or do, so you are solely responsible for your interactions with other users of the BLABER APP.
BLABER does not carry out criminal record checks on its users. BLABER does not investigate the past of its users or attempt to verify their claims. BLABER makes no representations or warranties regarding the conduct of any of its users or its compatibility with any present or future user.
BLABER reserves the right to conduct any background checks or other tests (such as sex offender registry searches) at any time and to use available public records for any purpose.
You agree and release BLABER and its successors from all claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, arising directly or indirectly from your interactions with or the conduct of other users of the BLABER APP.
5.- INTELLECTUAL PROPERTY PROTECTION.
In the event that BLABER suspects that an illegal activity or infringement of intellectual or industrial property rights is being committed or has been committed, BLABER reserves the right to adopt all the measures it deems appropriate, which may include canceling the account, giving By early termination of this agreement, give limited access to BLABER and other holders of these rights to some of your personal data as described in the Privacy Notice.
We do not claim any intellectual property rights in the material you provide to the Service. Your profile and uploaded materials remain yours.
BLABER does not preview Content, but BLABER and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available through the Service.
It is expressly prohibited to duplicate, copy or reuse any part of the HTML/CSS design elements, software and designs of sites, microsites and/or apps and/or visual elements, without the express written permission of BLABER.
BLABER may make certain software available through the Service. If you download or use the software from the Service, the software, including all files and images contained in or generated by the software, look, and feel, HTML/CSS, visual design elements, and accompanying data (hereinafter, “Software”), are considered licensed by BLABER, for personal and non-commercial use.
BLABER does not transfer title or intellectual property rights to the Software, and BLABER retains full and complete title to the Software and all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software or decompile, disassemble, disassemble, or convert the Software into a form that can be perceived by humans.
By accessing or using the Services, you agree to obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws relating to the ownership of copyrights, trademarks, patents and trade secrets and the use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content that infringes any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right of any part. You agree to abide by the laws relating to copyright, trademark, patent and trade secret and use of intellectual property, and you will be solely responsible for any violation of laws and any infringement of intellectual property rights caused for any content you provide, post, or transmit, or that is provided or transmitted using your username or user ID. The burden of demonstrating that any Content does not violate any laws or intellectual property rights rests solely with you.
Except for the content you provide, all BLABER content included on the BLABER Platform and its BLABER APP is the property of BLABER and is protected by the intellectual property laws of Mexico, including, but not limited to copyright laws. copyright, trademark, patent, and other intellectual property laws of the United Mexican States.
The “Content” means and includes, without limitation, any text, software, widget, application, script, source code, API, photograph, illustration, image, graphic, sound, music, audio, video, and interactive feature (and trademarks, service marks and logos they contain). You acknowledge and agree that content you upload to Site Builder may be immediately available. Provisioned content can also be cached for up to one year, and deleting content from Site Builder does not remove cached versions of the content.
6.- CONDITIONS OF SUBSCRIPTIONS, PURCHASES AND PAYMENTS.
From time to time, BLABER may offer products and services for purchase (“in-app purchases”) through the App Store®, Google Play Store®, carrier billing, BLABER direct billing, or other payment platforms authorized by BLABER. If you choose to make an in-app purchase, you will be asked to confirm your purchase with the relevant payment provider, and your payment method (either your card or a third-party account such as Google Play Store® or App Store® will be charged) (your, “Payment Method”) for in-app purchase at the prices displayed to you for the services you have selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize BLABER or to the third party account, as applicable, may charge you.
If you purchase a recurring subscription that is automatically paid for within the BLABER APP, it will continue to be billed to your Payment Method until you cancel it. After the initial term you have committed to in the subscription, and again after any subsequent subscription term, your subscription will automatically continue for an equivalent additional term, at the price you agreed to when you subscribed. Card payment information will be stored and later used for automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer Care if you were billed directly by BLABER or the applicable third-party account, such as the App Store®. You can also make a payment objection by contacting your bank or payment provider, who will be able to provide more information about your rights, as well as any applicable deadlines. You can unconditionally withdraw your consent for automatic card payments at any time by going to the Settings section of BLABER or in the relevant third-party account, but please note that you will still be obligated to pay any outstanding amounts.
If you wish to change or cancel your subscription, you will need to log in to your third-party account (or Settings in BLABER, if applicable) and follow the instructions to cease or cancel your subscription, even if you have deleted your account with us or have deleted the BLABER application on your device. Deleting your BLABER account or deleting the BLABER application from your device does not cease or cancel your subscription; BLABER will retain all funds credited to your Payment Method until you cease or cancel your subscription to BLABER or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription period and the subscription will not be renewed after such period ends.
BLABER will not refund to You any fees paid prior to such cancellation and You will be obligated to pay all fees and charges accrued before such cancellation took effect; In addition, you will be obligated to pay 100% of all charges for all Services remaining in the Term.
BLABER reserves the right to reject the service, when it considers, at its sole discretion, that the provision of this Service puts the security, good reputation, and morals of BLABER, as well as its Clients and Users, at risk.
From time to time, you may purchase or earn a limited, personal, non-transferable, non-sub-licensable, revocable license to use “virtual items”, which may include virtual items, virtual “coins” or other units that are exchangeable for virtual items within of the Service (collectively, “Virtual Items”).
The Virtual Items balance in your account does not constitute an actual balance or reflect any stored value, but it does constitute a measure of the length of your license. Virtual Items will not incur non-use charges. However, the license granted to you in Virtual Items under the terms of this Agreement will terminate when BLABER ceases to provide the Service, or when your account is closed or terminated. BLABER reserves the right, in its sole discretion, to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge.
BLABER may manage, regulate, control, modify or remove Virtual Items at any time. BLABER will not have any responsibility towards you or towards a third party if BLABER exercises such rights. Virtual Items may only be redeemed through the Service. All Virtual Item purchases and redemptions made through the Service are final and non-refundable. The provision of Virtual Items for use of the Service is a service that begins immediately upon acceptance of the purchase of such Virtual Items.
You acknowledge that BLABER is not obligated to offer a refund on Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether the closure was the result of an action voluntary or involuntary.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
There will be no refunds or credits for Service fees, nor are payments authorized for partial months of Service, upgrade/downgrade refunds, or refunds for unused months with an open account. To treat everyone equally, no exceptions will be made.
All amounts, costs, and payments in favor of BLABER that could be caused using any BLABER Service, do not consider the payments that are due to taxes, liens or rights imposed by the tax authorities, and you will be responsible for the payment. from all such taxes, levies, or duties.
If at the end of a subscription period (at the end of the month or year) when trying to make the automatic payment the payment method that the User entered is not approved, they will be notified and they will have 15 days to change their payment method. After these 15 days, the User will be deprived of the possibility of making design and content changes or sending notifications to their Users until the subscription charge can be made again.
If after 30 days your subscription renewal has not been charged, the apps will be removed from the stores and the content will no longer be visible to those who have the app installed.
To request a refund:
If you made purchases using your Apple ID, refunds will be handled by Apple, not BLABER. To request a refund, go to the App Store®, click your Apple ID, select “Purchase History,” find the transaction, and click “Report a Problem.” You can also submit a request at https://getsupport.apple.com .
If you made a purchase using your Google Play Store® account or directly through BLABER, please contact customer service with your Google Play Store® order number (the number is located on your order confirmation email or on the Google Wallet site) or BLABER (you can find it in your confirmation email).
If you exercise your right to cancel (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay. and in any event within 14 days of the date we receive notification of your decision to cancel the Agreement.
We will make this refund using the same means of payment used by you in the initial transaction. In either case, you will not be charged any fees because of the refund.
If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party seller through whom you made your purchase.
You may not cancel an order for the delivery of digital content that is not delivered on a physical medium if order processing has commenced with your explicit prior consent and acknowledgment that you will therefore lose your right to cancel. This applies, for example, to purchases of Virtual Items. This means that such purchases are final and non-refundable.
You agree to pay all prices and fees due for Services purchased or obtained on the BLABER Platform and/or the BLABER APP, at the time you order them. You agree that prices and charges will not be refunded unless expressly provided otherwise in the Refund Policy section below, even if your Services are suspended, terminated, or transferred before the end of the Service period.
BLABER expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site and will be effective immediately without further notice from us. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees will take effect when the Services in question are due for renewal, as described below.
If you elect to be billed monthly, your monthly billing date will be based on the date you purchased the Services, unless the date falls on a leap year day, in which case, the billing date will be the 28th of every month. If past the aforementioned, date the charge is not made successfully, the service will be suspended for 7 days, during this period 3 more attempts will be made, if the three attempts are unsuccessful, the service will be canceled on the 8th. day after the expiration date.
If you have a problem with the credit card that you registered in a recurring monthly mode at the time of contracting, it is your obligation to call BLABER to assign a new card and/or choose a different payment method temporarily, in which regularizes the credit card that has been registered in recurring monthly mode.
This Agreement will be in effect from the time Services are activated until: (1) terminated as provided by this Agreement or any addenda to this Agreement, or (2) superseded by a revised Agreement.
8.- AVAILABILITY OF THE SERVICES
Subject to the terms and conditions of this Agreement and our policies and procedures, we will use commercially reasonable efforts to attempt to provide this Site and the Services twenty-four (24) hours a day, seven (7) days week. You acknowledge and agree that, from time to time, this Site may not be accessible or operated for any reason; including, but not limited to, equipment failures; periodic repair or maintenance operations that we may carry out from time to time; or causes beyond our control or that we cannot reasonably foresee, including, but not limited to, interruptions or failures in telecommunications or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any third party in connection therewith.
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with BLABER. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers.
Payments made for services will not be refundable at any time.
9.- THIRD PARTY IMAGES AND SOFTWARE
Definitions and scope. As part of the Services and tools offered by BLABER, the latter may be authorized to use certain (i) photographs, illustrations or other images (“Images”) and (ii) certain software, widgets or other applications (“Software”) developed , belonging to or licensed by third-party providers that BLABER may hire from time to time. If the Images or Software are accompanied by or require the consent of a third-party provider’s license agreement, your use of the Images or Software is subject to the terms and conditions of that license agreement, which are in addition to (not a substitution of) the terms and conditions of this Agreement.
Terms and conditions applicable to all Images/Software. You acknowledge and accept that (i) the Images/Software are not sold or distributed, you can only use them as part of the Service that you agreement with BLABER; (ii) you may not remove, modify or obscure any copyright, trademark or other proprietary rights notices contained in the Images/Software; and (iii) you may not modify, reverse engineer, decompile, disassemble, create derivative works from, or otherwise attempt to derive the source code of the Images/Software.
BLABER may provide your personal information to third party providers as required to provide the Images or third-party software, including, without limitation, the domain name associated with the BLABER page. BLABER reserves the right to modify, change or discontinue the Images/Software at any time, and you agree to cooperate in carrying out the necessary steps in this regard.
BLABER makes no representations or warranties with respect to the Third-Party Software/Images offered in connection with Site Builder, and expressly disclaims all liability or liability in this regard.
You acknowledge and agree that you will hold harmless, protect, defend, indemnify, and hold BLABER harmless from any claim imposed on or incurred by BLABER arising directly or indirectly from your use or misuse of the Images/ Third Party Software. You acknowledge and agree that the Image/Software providers are third party beneficiaries of this Agreement for the purposes of enforcing your rights under this Agreement.
10.- TITLES AND HEADINGS, INDEPENDENT AGREEMENTS, SEVERABILITY.
The titles and headings of this Agreement are included for convenience and ease of reference only and should not be used in any way to understand or construe the Agreement of the parties in any way contrary to what is stated herein. Each covenant and agreement in this Agreement shall be construed for all purposes as an independent and separate covenant or contract. If any provision (or part of a provision) of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or part of a provision) of this Agreement shall not apply. will be affected and must be considered as valid and enforceable in accordance with the provisions of the law.
This agreement does not create any partnership, mandate, franchise, or employment relationship between BLABER and the User.
11.- SYSTEM FAULTS
BLABER is not responsible for any damage, harm or loss to the User caused by failures in the system, on the server or on the Internet. Neither will BLABER be responsible for any virus that could infect the equipment of any User and/or BLABER because of access, use or examination of its website or because of any transfer of data, files, images, texts, or audio contained in it. same. The User and BLABER may NOT impute any responsibility or demand payment for lost profits, due to damages resulting from technical difficulties or failures in the systems or on the Internet. BLABER does not guarantee continued or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond BLABER’s control; In such cases, efforts will be made to restore it as quickly as possible without any type of responsibility being imputed for this. BLABER will not be responsible for any errors or omissions contained in its website.
You agree and understand that BLABER can update the versions of any part of the BLABER Platform and/or the BLABER APP, managed by BLABER and/or that are published in the App Store® ® and Play Store ® application stores, when available. a new version or patch of the Apple ® and Google ® operating systems, and that BLABER requires sufficient time to achieve said objective.
Failure to update these versions in accordance with the preceding paragraph could cause failures.
12.- NOTIFICATIONS AND PROCEDURE FOR CLAIMS FOR COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a content removal request using the form found here.
If you contact us about an alleged copyright infringement, please be sure to include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- Your contact information, including address, telephone number and email address, and the full name of the copyright holder;
- A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information listed above and referenced in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf Copyright.
BLABER cancelará las cuentas de los infractores reincidentes.
12.1 Audio-meme Copyright and All Rights Reserved.
Blaber is a platform that allows the use of audios in digital format with a duration of no more than 6 seconds, (hereinafter audiomemes), which are made available to Blaber Users for their exclusive use within the platform and Blaber app. Notwithstanding the foregoing, Blaber maintains its commitment to legal compliance, for which it declares that it will meet any third-party requirement that indicates an infringement or breach of copyright or reserved rights that some audios may have.
Audio-memes are a digital audio format of short duration, which is used to emphasize, dramatize, caricature, entertain, among other connotations typical of a conversation within Blaber; so that Users can improve their experience when using the platform as a means of engaging in non-face-to-face conversations, within Blaber. These Audio-memes are provided by Blaber, so they cannot be copied in whole or in part to be used in other media, or technological platforms, without the prior written authorization of a legal representative of Blaber, likewise, the use with for profit, or that affect the rights of third parties, failure to comply with any of these terms will be suspension and/or temporary or total elimination of the User account detected and/or reported as infringing.
Blaber also offers the User the ability to create their own audio formats, however, these must comply with the regulations for use of intellectual property and reserved rights, or, where appropriate, have express authorization from the owner of the audio to be able to use it on the platform. Blaber, failure to comply with this regulation, empowers Blaber to be able to terminate your USER account, and disable it if it is suspected that you want to use a new account to register again with Blaber.
The use of audio-memes is under the strict responsibility of the User, so any report and/or denunciation of the User or third party that is made will be investigated by Blaber, however, Blaber may temporarily suspend the User account or accounts that have been reported without this meaning a breach, damage and/or loss to the reported User account.
Blaber, in compliance with the intellectual and industrial property laws applicable in the United States of America and Mexico, as well as in compliance with the “Digital Millennium Copyright Act” policy, the Digital Millennium Copyright Act, Blaber offers you the process of requesting copyright infringement or reserved for audiomemes that are used on the Blaber platform exclusively.
Blaber puts at your disposal the attention to requests from Users or Third Parties who believe that there is a breach of any copyright or copyright; they must send Blaber to the email address firstname.lastname@example.org; where they should send:
- Request made and signed in physical or electronic form, by the owner of the infringed right of the work;
- Identify the work or right claimed in violation of copyright;
- Evidence of the violated work, or any information that is necessary to verify the infringement of copyright, which you want to be removed from the platform;
- Full name, address, telephone number, email of the owner or legal representative of the owner of the claimed work;
- Written under protest to tell the truth, that the claimed work is not authorized by the owner of the work, by Ministry of Law, or any legal representative of the author to be used in BLABER.
- You accept that the information sent is real and true, as well as having the right to request the removal of the affected work, understanding that if you are not right, you must pay for the damages and losses caused to BLABER and its Users.
At any time that BLABER receives a judicial notification or by Blaber’s own decision, BLABER will remove from the platform all those works that could infringe a right of their author or owner; however, BLABER will make available to any applicant the right of reply following the same complaint procedure explained in this section, within the following 10 business days after the removal or elimination of the claimed content, otherwise, you must request it by corresponding administrative or legal status according to your country of origin. For any attention to requests for a reply, email: email@example.com with address at: 1309 Coffeen Avenue Suite 5523, Sheridan, WY 82801.
BLABER informs you that the unauthorized use of audio-memes on the platform may be the cause of sanctions or fines in some countries, and/or if applicable, it could be considered a crime with deprivation of liberty and jail, therefore that you accept and understand that, in the event of a complaint or lawsuit against you, BLABER is not responsible, for which reason you must remove any claim from third parties for unauthorized use of audios or audio-memes.
12.2.- Blaber presentation audios
The User may create their own initial presentation audio on the BLABER platform. Notwithstanding the foregoing, the User is solely responsible for the content of the audio that he uses as his presentation. Therefore, you must avoid the use of offensive, discriminatory language, against good customs, profane against any minority or sect, refer to or advocate war, or any illegal act, reveal private or sensitive data of third parties, or any other act that may be contrary to the laws applicable in each country of use of the platform.
BLABER may temporarily or permanently suspend a User account, when there are claims by third parties for the audio presentation of a User, or when BLABER identifies presentation audios that do not comply with the regulations of these Terms and Conditions or the Privacy Notice, without that this may be a cause of non-compliance, damage, or prejudice against the suspended User.
For exclusive use by Users residing in the State of California, United States of America, BLABER, follows the statutes indicated in the regulation known as the “California Consumer Privacy Act”, therefore, underage Users may not be part of the community BLABER, nor will they be able to enter or make use of it, in the event that Blaber identifies Users who violate the statutes of this Law, BLABER will proceed to the suspension and total elimination of the User account.
Likewise, BLABER will not use your information without the prior express consent of the User.
13.- RELEASE OF LIABILITY TO BLABER
BLABER provides the service “as is” and “as available” and to the extent permitted by applicable law, does not make any warranty of any kind, express, implied, statutory, or otherwise with respect to the service (including all content included in the service). itself), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. BLABER does not represent or warrant that (a) the service will be uninterrupted, secure, or error-free, (b) any defects or errors in the service will be corrected, or (c) that any content or information you obtain on or through the service will be exact.
BLABER is not responsible for the content that you or another user or third party publishes, sends, or receives through the service. You access any material downloaded or otherwise obtained through your use of the Service at your own risk.
14.- LIMITATION OF LIABILITY
Use of the Service is at your own risk.
The service is provided “as is” and “as available”.
Technical support is only available by email and phone.
The technical support email address is firstname.lastname@example.org.
You authorize the Company to use, reuse, and grant others the right to use and reuse your Content, as well as any reproduction or simulation thereof, in any form of media or technology now known or later developed, during and after your use of The Services, for any purpose related to the Service.
You understand that BLABER uses third-party providers and hosting partners to provide the hardware, software, networking, storage, and related technology necessary to run the Service.
You must not modify, adapt, or hack the Service or modify another website in a way that falsely implies that it is associated with the Service, or any other BLABER service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of BLABER.
We may, but are not required to, remove Content and Accounts that contain content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable or violates any party’s intellectual property or these Terms and Conditions.
Verbal, physical, written, or other abuse (including threats of abuse or retaliation) of any BLABER customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to adapt and adapt to the technical requirements of connecting networks or devices.
You must not upload, post, host or transmit unsolicited email, SMS or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You understand and authorize that BLABER can send you messages with various information related to the Service, payment, and other related information, by email, telephone, or letter, to any of the addresses, addresses, and/or telephone numbers that you have provided to BLABER.
BLABER does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the service will be accurate or reliable, (iv ) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that BLABER shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses (even if BLABER has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service; ii) the cost of acquiring substitute goods and services resulting from any merchandise, data, information or services purchased or obtained or messages received or transactions made through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter related to the service.
You expressly acknowledge that if Apple® or Google® request that you download and/or delete your application and/or website, or its content, BLABER will proceed to comply with said request, without thereby imply any responsibility on the part of BLABER.
BLABER ‘s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and BLABER and govern your use of the Service, superseding any prior agreements between you and BLABER (including, but not limited to, any prior version of the Terms and Conditions).
To the fullest extent permitted by applicable law, neither BLABER nor its affiliates, employees, licensors, or service providers shall in any event be liable for any indirect, consequential, illustrative, incidental, special, punitive, or amplified damages, including, without limitation, loss of benefits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to, or use of, or inability to access or use from service; (ii) the conduct or content of other users or third parties in, through, or after the use of the service; or (iii) unauthorized access, use or alteration of your content, even if BLABER has been advised of the possibility of such damages. BLABER’s total liability for all claims related to the service will in no event exceed the amount paid by you, if any, to BLABER for the service plus $100 while you have an account.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all the exclusions and limitations in this section may not apply to you.
The only method available for the resolution of any dispute or claim arising out of or related to this Agreement (including any alleged violation thereof) or the Service, regardless of the date of accrual and including past, pending and future claims, will be the BINDING ARBITRATION managed by certified arbitrators in and of the City of Tijuana, Baja California, Mexico, under the Simplified Arbitration Rules and Procedures, except as modified by our Arbitration Procedures. The only exception to the exclusivity of arbitration is that either party has the right to bring a claim against the other in small claims court of competent jurisdiction or, if filing in arbitration, the defending party may request that the dispute proceeds in small claims court if the claim is within the jurisdiction of the small claims court. If the request to continue in small claims court is made before an arbitrator has been appointed, the arbitration will be closed administratively. If the request to continue in small claims court is made after an arbitrator has been appointed, the arbitrator will determine whether the dispute should remain in arbitration or be decided in small claims court instead. Such arbitration will be conducted only through written communications unless you or BLABER choose to invoke the right to an oral hearing before the Arbitrator. But if you choose arbitration or small claims court, you agree that under no circumstances will you initiate, maintain, or participate in any class action, class arbitration, or other class action or proceeding against BLABER.
By using the Service in any manner, you agree to the above agreement to arbitrate. In this way, YOU WAIVE the right to file a claim, appeal, complaint, complaint, lawsuit, before any judicial and/or administrative authority in the world, to present or defend any claim between you and BLABER (except for matters that can be settled in small claims court). You also waive the right to participate in a class action or other proceeding. If you bring a claim against BLABER outside of small claims court (and BLABER does not request that the claim, be transferred to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator will determine all claims and issues related to the resolution of the conflict through arbitration. You have the right to a fair hearing before the arbitrator. Generally, the arbitrator can award any relief that a court can award, including the ability to hear a dispositive motion (which may include a dispositive motion based on the parties’ submissions, as well as a dispositive motion based on the parties’ submissions). Parties along with the evidence presented), but you should be aware that arbitration proceedings are often simpler and more expeditious than trials and other legal proceedings. The arbitrator’s decisions are enforceable in court and can be overturned by a court for only very limited reasons. For more details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or set aside an arbitration award, may be commenced in any court of competent jurisdiction. By this means, you give your irrevocable consent to the jurisdiction of the competent courts of the City of Tijuana, Baja California, Mexico, expressly waiving any other forum, jurisdiction, or competence, which may correspond to you by reason of your nationality, domicile, and/or or any other reason, for the relevant legal effects.
Users and BLABER expressly submit to the legal provisions applicable in Tijuana, Baja California, Mexico, expressly waiving any other legal provision that may apply to them by reason of their nationality, domicile, and/or any other reason, for legal purposes, conducive.
16.- INTELLECTUAL PROPERTY.
BLABER services as well as the programs, databases, networks, files that allow the User to access and use their Account, are the property of BLABER and are protected by international law and treaties, copyright, trademarks, patents, models, and industrial designs. The improper use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by BLABER.
The Site may contain links to other websites which do not indicate that they are owned or operated by BLABER. By BLABER has no control over such sites, it will NOT be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by their use, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of BLABER to said sites and their contents.
The User agrees to be held responsible for any civil, criminal, commercial, administrative, labor and/or consequence of any kind that may arise and/or affect BLABER ( including but not limited to its related companies, their respective directors, managers, officials, representatives, agents and employees ), by virtue of their relationship with the User and/or for the use they make of the tools and/or services provided by BLABER , therefore, in this act, the User expressly and irrevocably agrees to indemnify and hold BLABER harmless ( including but not limited to its related companies, their respective directors, managers, officers, representatives, agents and employees ) for any claim or demand ( including reasonable attorneys’ fees ) made by any User and/or third party for any violation of the Terms and Conditions of Use and other Annexes and Policies that are understood to be incorporated herein, and/or any law and/or rights of third parties.
To this end, the User authorizes BLABER to: i) intervene and represent him in said claims or demands, being able to reach agreements without limitation, in his name and representation; ii) generate specific charges in your billing.
These Terms and Conditions of use have been updated on August 23, 2023.