Terms Of Service

Overview

Acceptance of Terms/ Eligibility

You may not use the Platform if you do not agree to the terms of the Agreement.

Further you may not use the Platform if (i) you are prohibited by any local law or regulation from using the Platform; or (ii) you are not fully able and competent to enter into a binding contract with Bablic.

By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.

Privacy Policy

Registration

A condition precedent for you to use the Bablic Services and the Platform is that you: (1) are the legal owner of the website you are utilizing in connection with the Bablic Services and the Platform and (2) own all the intellectual property in respect thereof or are a legal proxy legally acting on behalf of the website owner, in which case the owner shall be bound by this Agreement ("your website" or "your site").

You are required to register with Bablic if you want to use the Bablic Services and the Platform with your site. In order to register with Bablic you must supply a valid email address (which will be used as a unique identifier for your account), your full name, and a password.

You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Bablic Services and the Platform, to any third party.

You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your “My Account” page.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Bablic Services, and to ensure that you "log off"/exit from your account at the end of each session.

When you use the Bablic Services and the Platform, you agree to: (i) provide current, complete, and accurate information about you when prompted to do so by the Platform, and (ii) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, then Bablic reserves the right to terminate your account immediately and your right to use the Bablic Services and the Platform.

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations or from Bablic's termination of your account or your right to use the Bablic Services or the Platform.

Payment

The different fee structures and the fees payable for the Bablic Services and the Platform are set out on the Platform (the "Fees"). The Bablic Services will be undertaken by Bablic following acceptance by Bablic of the online registration and the payment in full of the relevant Fees for the Bablic Services and the Platform as set forth on the Platform.

Fees are payable immediately online prior to Bablic performing the Bablic Services or providing full access to the Platform.

In case of non-payment of any Fees due by you by way of, inter alia, chargeback, fraud, declined credit card or for any other reason whatsoever, Bablic shall have the right to suspend or terminate your access to the Platform and to the Bablic Services immediately and without prejudice to the right to recover all sums payable from you or to any other right or remedy available to Bablic.

Bablic reserves the right to change its payment policy and the Fees charged for Bablic Services from time to time, with such changes becoming effective immediately. All Fees and other charges are payable in the currency stated on the Platform. If no currency is specified, all fees are quoted in USD and shall exclude any and all applicable taxes in the relevant jurisdiction (including but not limited to VAT and/or GST, as applicable).

You agree to pay the Fees to Bablic for any and all the Bablic Services you purchase from Bablic and for your use of the Platform. You further agree that you are responsible for paying any and all applicable taxes due and payable in your jurisdiction.

Payments for the Bablic Services and the Platform are made through a secure third party website. However, you acknowledge and agree that Internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit card information) may be able to be read and/or intercepted by a third party. Bablic shall have no liability for the interception and/or 'hacking' of any data or other unauthorized access to information provided by you in connection with your use of the Bablic Services or the Platform.

License to Use and Access the Bablic Services and the Platform

Bablic hereby grants you, and you hereby accept, a personal, revocable, non-transferable, non-exclusive license (the "License") to use the Platform in order to utilize the Bablic Services.

All Intellectual Property (as defined herein) rights, including, without limitation, copyrights, trade secrets, trademarks, patents, etc., evidenced by or embodied in and/or attached/connected/related to the Platform (including, without limitation, the software code, user guides and any other documentation) are and shall be owned solely by Bablic. Nothing in this Agreement and/or in granting the License shall constitute a waiver of Bablic's Intellectual Property rights under any law.

The License does not include any resale or commercial use of the Platform, the Bablic Services or its contents; any derivative use of the Platform, the Bablic Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. None of the Platform, the Bablic Services or any portion thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Bablic's express written consent.

Further you may not copy or imitate part or all of the design, or look-and-feel of the Platform, which are protected by Bablic’s Intellectual Property rights therein.

Bablic may, from time to time, release new tools and resources on the Platform or introduce updated or new services and/or features for the Platform. Any new services and features will be subject to this Agreement, as well as any additional terms of use that we may release for those specific services or features.

Use of the Platform that constitutes abuse shall be determined by Bablic, in its sole discretion. Bablic reserves the right to terminate your account if Bablic determines you have not complied with this Agreement.

Restriction on Use of Content

You acknowledge that the Platform may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content, taken together, is protected under United States and international copyright laws as a collective work, and we own all rights, including all copyrights, in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including without limitation, use of any such Content on any other web site or networked computer environment, is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Platform or the Bablic Services, including without limitation the Content.

The Bablic name and logo are the Intellectual Property of Bablic. All other trademarks appearing on the Platform are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Bablic Services and the Platform. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks or other Intellectual Property without our express prior written consent in each instance.

Product quality

Bablic and its affiliates attempt to be as accurate as possible. However, Bablic does not warrant that product descriptions and translated information "taken" from your website is accurate, complete, reliable, current, or error-free. Bablic may, but has no obligation to, use your website user behavior in order to improve the Bablic Services. You agree that neither Bablic nor its affiliates or service providers shall be held liable for any inaccurate, incomplete, unreliable or error with respect to the Bablic Services and the translated information taken from your website.

Materials Submitted Through the Platform

The definition of materials submitted through the Bablic Services and Platform herein is the whole and entire data, information, text, software, sound files, communications, images, photographs, graphics, video, messages, files, reviews, user ratings, links or any other materials (collectively, the "Materials") located on your website whether it is scripted, hidden by a password or private. The Materials will be subjected to the Bablic Services which include the transfer of the Materials to a third party in order for it to utilize and perform the Bablic Services. You agree that if you post any Materials through the Platform you automatically grant to Bablic, and its successors and assigns, and its third party service providers, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, download and print in whole or in part, display, modify, publish, and adapt such Materials in order to utilize and perform the Bablic Services. You are solely responsible for any Materials that are transmitted, posted, or distributed by you through the Platform.

By submitting the Materials, you hereby represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted through the Platform or otherwise stored in connection with the Bablic Services; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Platform, and the circumstances surrounding the transmission thereof, to: (a) any third party in order to operate the Bablic Services and the Platform; (b) comply with applicable laws; (c) respond to governmental inquiries or requests; (d) comply with valid legal process; (e) protect the rights, privacy, safety or property of Bablic, the Platform visitors or the public; (f) pursue available remedies or limit the damages that we may sustain; and/or (g) enforce this Agreement; and/or (iv) share the Materials with appropriate authorities and financial institutions, if Bablic determines in its sole discretion that: (a) you attempted to defraud Bablic; (b) you are committing any fraudulent activity or any other prohibited or criminal activity or transaction; (c) the Materials constitute hate speech.

Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Bablic Services and the Platform.

Without prejudice to the conditions set forth in this Agreement, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any of the Materials to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within your Materials (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of the Agreement and your access to the Platform and may also result in civil litigation or criminal prosecution against you by or on behalf of the relevant rights holder.

Links to Third Party Sites

The Platform may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

Availability

Bablic undertakes that it will attempt to provide the Bablic Services and access to the Platform 24 hours a day, 7 days a week. However, there will be occasions when access to the Platform will be interrupted for maintenance, upgrades and repairs, which you acknowledge is a necessary function conducted by Bablic, or as a result of failure of telecommunications links and equipment that are beyond Bablic's control, Bablic shall incur neither responsibility nor liability for any loss of revenue that may result therefrom.

Bablic may modify or discontinue, temporarily or permanently, the Platform, or any portion thereof, with or without notice to you.

Users Warranty, Indemnification Obligation, and Waiver

You represent and warrant that: (a) you own your Intellectual Property, or have obtained all necessary license(s) and permission(s), to use the Material in connection with the Platform in compliance with this Agreement; (b) you have the rights necessary to grant the licenses as described in the Agreement; (c) you have received consent from any and all persons depicted in your Material to use their personal information, including distribution, public display, public performance, and reproduction thereof; and (d) your Material does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.

You agree to indemnify and hold Bablic and its shareholders, subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your Material, your use of the Platform, your connection to the Platform, any claim that your Material caused damage to or violated the rights of any third party, any dealings between you and any third party advertising or promoting via the Platform, your violation of the terms of this Agreement, or your violation of any rights whatsoever, including but not limited to any Intellectual Property rights.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE BABLIC SERVICES, THE PLATFORM AND THE CONTENT ARE PROVIDED BY BABLIC "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BABLIC AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE BABLIC SERVICES, THE PLATFORM AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM RECEIPT OF THE BABLIC SERVICES OR THE USE OF THE PLATFORM AND/OR THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE BABLIC SERVICES, THE PLATFORM OR THE CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE BABLIC SERVICES, THE PLATFORM, OR CONTENTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABLIC OR THROUGH OR FROM USE OF THE PLATFORM OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT/THE TERMS.

BABLIC SPECIFICALLY DISCLAIMS ALL LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USE OF THE BABLIC SERVICES, THE PLATFORM OR THE CONTENT. ANY CONTENT DOWNLOADED ARISING FROM THE BABLIC SERVICES, MADE AVAILABLE OR OTHERWISE OBTAINED THROUGH USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD. BABLIC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO USER'S COMPUTER FROM THE PLATFORM.

BABLIC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PLATFORM OR MATERIALS OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. BABLIC MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR CONTENTS OR PLATFORM. ANY DEALINGS THAT USER MAY HAVE WITH SUCH THIRD PARTIES ARE AT ITS OWN RISK.

MANAGERS, HOSTS, PARTICIPANTS, MODERATORS, AND OTHER THIRD PARTIES ARE NOT AUTHORIZED BABLIC SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF BABLIC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABLIC WILL HAVE NO LIABILITY RELATED TO MATERIAL ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS. BABLIC ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY MATERIAL.

BABLIC WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

THE WARRANTIES OF BABLIC SET FORTH HEREIN WILL NOT APPLY IF: (I) THE PLATFORM IS NOT USED IN ACCORDANCE HEREWITH OR WITH THE INSTRUCTIONS OR DOCUMENTATION PROVIDED BY BABLIC; (II) THE PLATFORM OR ANY PART THEREOF HAS BEEN MODIFIED BY ANY ENTITY OTHER THAN BABLIC; OR (III) A MALFUNCTION IN THE PLATFORM HAS BEEN CAUSED BY ANY EQUIPMENT OR SOFTWARE NOT SUPPLIED BY BABLIC.

Limitation of Liability

IN NO EVENT SHALL BABLIC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR LOSS OF PROFITS, WHETHER OR NOT FORESEEABLE OR IF BABLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH ITS USE OF OR ACCESS TO THE BABLIC SERVICES, THE PLATFORM OR THE CONTENTS.

BABLIC'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO USD $50. THIS LIMITATION WILL APPLY EVEN IF BABLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Proprietary Information Undertaking

You acknowledge that Bablic owns the exclusive right, title and interest in the Intellectual Property regarding the Platform and the Bablic Services. "Intellectual Property" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights, including, but not limited to, those rights arising from the Bablic Services and the Platform.

You acknowledge that you have no right, title or interest to the Intellectual Property, including, without limitation, all content arising from the multi-purpose translation service that allows you to convert your local site to a multi-language website, apart from the right to use such Intellectual Property on the Platform as set forth explicitly in this Agreement. You shall do all things necessary to protect the Bablic's rights as set forth herein and upon Bablic's request, shall, do any act necessary to confirm Bablic's ownership of such rights, including without limitation executing any documents.

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Bablic Services and the Platform, and remove and discard any Materials within the Platform, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters.

We may also, in our sole discretion and at any time, discontinue providing the Bablic Services, the Platform or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files, the Platform or the Bablic Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Platform or the Bablic Services.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Bablic Services or the Platform, including, but not limited to (i) restricting the time the Bablic Services or the Platform are available, (ii) restricting the amount of use of the Bablic Services or the Platform permitted, and (iii) restricting or terminating your right to use the Bablic Services or the Platform, with or without notice; (b) charge additional fees in connection with the use of the Bablic Services or the Platform; (c) modify and/or waive any fees charged in connection with the Bablic Services or the Platform; and/or (d) offer opportunities to some or all users of the Bablic Services or the Platform. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Bablic Services or the Platform, in whole or in part, or of any service, content or feature offered through the Platform.

We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Bablic Services and/or the Platform for any reason.

Bablic’s Refund and Cancellation Policy is part of, and incorporated within this agreement (Click here for Refund and Cancellation Policy). As a condition of registering with Bablic and using the Bablic Services or the Platform, you expressly acknowledge that you have read and understand the Refund and Cancellation Policy and you agree to be bound by its terms and conditions. If at any time you disagree with the Refund and Cancellation Policy or any part of it, your sole remedy is to cease all use of the Bablic Services and the Platform and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of the Refund and Cancellation Policy.

User Conduct

You agree not to access or attempt to access the Platform by any means other than the interface provided by Bablic or circumvent any access or use restrictions put into place by Bablic to prevent certain uses of the Platform.

You agree not to use, or to encourage others or permit others to use, the Platform to: (a) Share any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Stalk, intimidate, and/or harass another; (c) harm minors in any way; (d) incite violence; (e) Share any Material that you do not have a right to share under any Law or contractual or fiduciary relationship; (f) Share any Material that infringes any Intellectual Property or other proprietary right of any party; (g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) Use the Bablic Services, the Platform or the Materials such that it will mislead a user into believing that they are interacting directly with Bablic; (i) Share any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, including, without limitation, the Platform; (j) Access or use the Platform in any manner that could damage, disable, overburden, or impair any Bablic server or the networks connected to any Bablic server; (k) Intentionally or unintentionally interfere with or disrupt the Platform or violate any Laws related to the access to or use of the Platform, or violate any requirements, procedures, policies, or regulations of networks connected to the Platform; (l) Engage in any activity prohibited by the Agreement; (m) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, Materials, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites; (n) Disrupt, interfere with, or inhibit any other user from using and/or enjoying the Platform or the Materials, or other affiliated or linked sites, platforms, or contents; (o) Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Platform; (p) Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Bablic; (q) Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Materials, the use of the Platform or the Materials, or access to the Platform or the Materials; (r) Host, on a subscription basis or otherwise, the Platform without Bablic's authorization, including any related application, (i) to permit a third party to use the Platform to create, transmit, or protect any Material, or (ii) to conduct conferences or online meeting services for a third party; (s) Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or (t) Engage in any other conduct which, in Bablic's sole discretion, is considered inappropriate, unauthorized or objectionable.

In addition, you agree to comply with all applicable laws, regulations, and ordinances as a condition of use of the Bablic Services.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Bablic Services and the Platform. Your use of the Bablic Services and the Platform is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Platform, and paying all charges related thereto.

Jurisdictional Issues

Notices

Governing Law and Other Miscellaneous Terms

The Agreement does not, and shall not be construed to; create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Bablic. The Agreement shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. Any dispute between the parties arising out of, or relating to, the validity, construction, interpretation, or performance of this EULA that cannot be resolved amicably shall be submitted to binding and confidential arbitration. The seat of such arbitration proceedings shall be in the Borough of Manhattan, County and State of New York, USA, and such proceedings shall, except as specifically provided herein, be conducted in accordance with the rules of the Comprehensive Arbitration Rules of JAMS, Inc. ("JAMS"). Any such arbitration proceeding shall be conducted before three (3) JAMS arbitrators, with one arbitrator each selected by the parties and the third to be selected by the first two arbitrators, unless the parties otherwise agree to a single arbitrator, in which event such single arbitrator shall be selected by agreement of the parties in their reasonable discretion. The parties agree to cooperate with each other and JAMS to select the arbitrator(s) within two (2) weeks after the filing of the arbitration demand. The party filing the arbitration demand shall be required to attach a statement of claim to such demand, including all documentary evidence being relied on. Depositions shall be permitted but neither party shall be permitted to demand more than three (3) depositions. The arbitrator(s) shall have the authority to issue subpoenas unless prohibited by law. The arbitrator(s) shall not have the authority to award punitive damages or attorneys' fees, costs, or expenses. The decision and award of the arbitrator(s) shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the Federal Arbitration Act shall apply with respect to any award rendered by the arbitrator(s). The parties shall share equally the cost of the arbitration. Either party may obtain interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of intellectual property or proprietary rights without the necessity of posting a bond or other security or of proving damages. You agree that any claim or cause of action arising out of your use of the Bablic Services and the Platform or the Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Bablic to enforce or exercise any provisions of the Agreement or related right shall not constitute a waiver of that right or provision. If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Bablic may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense the Agreement or any or all of your rights or obligations under this Agreement without Bablic's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Bablic relating to the subject matter herein and may not be modified by you. This Agreement will inure to the benefit of Bablic's successors, assigns and licensees. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Copyright Notices

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Modifications to The Agreement

Bablic reserves the right to amend the Agreement at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of the Agreement on the Platform. You can determine when the Agreement was last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Platform following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of the Agreement or any changes thereto, please do not continue using this Platform.