Terms of Service
We run a service called babble.ly and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features and customization. Our service is designed to give you the ability to freely use your phone number without fear of privacy problems all over the Internet. However, please be responsible in how you use this service.
If during your usage of this service you encounter a number or babble.ly link that you believe violates our terms of service, please contact us.
We have adapted these Terms of Service from those graciously made available by wordpress.com under a Creative Commons Sharealike license.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Babble.ly, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Babble.ly Account. If you create a Babble.ly link on the Website or through the provided phone interface, you are responsible for maintaining the security of your account, the provided link and phone number, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Babble.ly link. You must not describe or assign keywords to your Babble.ly link in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Babble.ly may revoke links it considers inappropriate or unlawful, or otherwise likely to cause Babble.ly liability. You must immediately notify Babble.ly of any unauthorized uses of your Babble.ly link, your account or any other breaches of security. Babble.ly will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users. If you create a Babble.ly link, You are entirely responsible for the usage of, and any harm resulting from, that link. By making that link available, you represent and warrant that:
- if your employer has rights to the phone number used in your account, you have either (i) received permission from your employer to post or make available the associated link, or (ii) secured from your employer a waiver as to all rights to the Phone Number;
- the Link will not be used harmful or destructive purposes;
- the Link will not be used to spam, telemarket, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content, or to further unlawful acts or mislead recipients as to the owner of the number;
- the Link will not be used for pornographic purposes, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your link will not be used to incite people into thinking that you are another person or company.
Without limiting any of those representations or warranties, Babble.ly has the right (though not the obligation) to, in Babble.ly’s sole discretion (i) refuse or revoke any links that, in Babble.ly’s reasonable opinion, violates any Babble.ly policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Babble.ly’s sole discretion. Babble.ly will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such as sponsored links, and further cusomization abilities are available on the Website. By selecting a premium service you agree to pay Babble.ly the monthly or annual subscription fees indicated for that service (the payment terms will be described when premium services are offered). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
- Responsibility of Website Visitors. Babble.ly has not reviewed, and cannot review, or verify all of the links created using this service, and cannot therefore be responsible for that link’s content, use or effects. By operating the Website, Babble.ly does not represent or imply that it endorses the links created using the service, or that it believes such links to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself from harmful or destructive content, or scams that following a link may lead you to. The Links may lead users to content that is offensive, indecent, or otherwise objectionable. The links may also lead users to material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties. Babble.ly disclaims any responsibility for any harm resulting from the use by visitors of the Website, or by following links to phone numbers created from this serivice.
- Copyright Infringement and DMCA Policy. As Babble.ly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that a link created by the Babble.ly service violates your copyright, you are encouraged to notify Babble.ly. Babble.ly will respond to all such notices, including as required or appropriate by disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Babble.ly or others, Babble.ly may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Babble.ly will have no obligation to provide a refund of any amounts previously paid to Babble.ly.
- Intellectual Property. This Agreement does not transfer from Babble.ly to you any Babble.ly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Babble.ly. Babble.ly, BabbleLy, Inc., the Babble.ly logo, and all other trademarks, service marks, graphics and logos used in connection with Babble.ly, or the Website are trademarks or registered trademarks of Babble.ly or Babble.ly’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Babble.ly or third-party trademarks.
- Changes. Babble.ly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Babble.ly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Babble.ly may terminate your access to all or any part of the Website at any time or usage of your phone number links, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Babble.ly account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by Babble.ly if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Babble.ly’s notice to you thereof; provided that, Babble.ly can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Babble.ly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Babble.ly nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you follow links from, or otherwise obtain services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Babble.ly, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Babble.ly under this agreement during the twelve (12) month period prior to the cause of action. Babble.ly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Babble.ly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Babble.ly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Babble.ly, or by the posting by Babble.ly of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Washington County, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled through arbitration. The arbitration shall take place in Johnson City, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Babble.ly may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.