Last modified: 2019-04-30
TERMS OF SERVICE
The Terms of Service (hereinafter referred to as “Terms”) govern your use and access of Gobabble, a voice and text-based mobile messaging application and any other related products and services provided by Gobabble (hereinafter collectively referred to as “Gobabble” or “Services”), as provided by DotDotDot., Co. Ltd, a corporation duly established and existing under the laws of the Republic of Korea (hereinafter referred to as “we”, “us”, “our” or “DotDotDot”).
1. Who can use our Service
The use of the Gobabble app is open to anyone over the age of 13. If you are 13 and under, you will be prohibited from creating an account on Gobabble. If you believe someone under 13 has registered an account with us, please notify us immediately at firstname.lastname@example.org, and we will take necessary actions to verify and disable such account.
2. What we collect from you
We collect username/ID, password, your age, email address, including Facebook account, device and OS information. Your email address is used only to notify you of your account registration and account management including password reset. We may also collect non-personal information about your general use of Gobabble to better understand and make improvements to our Service.
We also use third party SDKs to collect identifiers to provide support for internal operation of the Service as permitted by relevant law. These third parties are prohibited from sharing this data.
3. Your rights
A. Rights you grant us
By transmitting, submitting or posting any Content while using Gobabble Service, you affirm, represent and warrant that such transmissions or submissions are:
(a) accurate and not confidential; not in violation of any applicable laws, contractual suspensions, or other third party rights;
(b) you have permission from any third party whose personal information or intellectual property is comprised in the shared Content;
(c) free of viruses, adware, spyware, worms or malicious code;
(d) We analyze how you use Gobabble in an effort to improve the Gobabble experience. In doing so, we may also work with affiliate companies and partners. In the instances where we share such information, you will always have the choice to control the information that you disclose to us.
B. Rights we grant you
DotDotDot grants you a personal, non-exclusive, non-transferable, royalty-free, and revocable limited license to use the Gobabble Service, subject to the terms and conditions as listed herein. You understand that you have a limited license to use them under the Terms, not the ownership interest in them. As such, you may not use our Services or content in a manner except as set forth in these Terms, including for any commercial purposes and/or creating derivative works.
4. Respecting others
Gobabble enables you to interact and connect with other Gobabble users, who make up the Gobabble community. This may mean your immediate group of friends, peers and family as well as other users within Gobabble community. As such, we encourage our users to observe common courtesy when interacting with other users and also be mindful of what you share with each other.
Help us keep Gobabble a safe place for all our users. By using Gobabble, you agree to observe the following:
- You will not use our Services for any purposes that may be illegal or prohibited by the Terms as listed herein
- You will not use our Services in a way that may disrupt, interrupt, interfere with, negatively affect the use of our Services by other others
- You will not submit excessive or unsolicited commercial messages or spam users;You will not attempt to solicit other users’ login information;
- You will not use our Services in a way that may damage, disable or in anyway impair the functioning of our Services;
- You will not upload or share any content that may be lewd, contain hate speech, threatening or pornographic or incite violence.
- You will not encourage or promote the misuse of our Services
5. Copyright Violation
DotDotDot does not in any way promote our users to use our services in a way that infringes on copyright of others and will take steps to remove such content. In the event of repeated instances of infringement, we will take steps to restrict or remove such users from accessing and using Gobabble Service. If you believe in good faith that any materials in Gobabble or Gobabble Service may infringe your copyright-protected work under applicable copyright laws, please provide an infringement notice to DotDotDot. For your notice to be effective, it must include the following:
(a) reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) your contact information, including your address and email address;
(c) a statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
(d) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) Your physical or electronic signature.
7. Your account
You are responsible for any contents that you share and any and all activities that occur on or through your Gobabble account. By using our Services, you agree that all information that you provide during registration will be accurate. In the event of any changes, you will notify us in a timely manner. You agree to keep your password secure and to notify us immediately in the event of any unauthorized use of your password.
8. User Content
You understand that any content you share on our services may be accessed by other users, including DotDotDot’s internal staff. You also grant us a license to use any content that you share for the purposes of improving and promoting our Services, including any character that you customize, animated interactions, voice messages that you share within GoBabble as well as you export and share on social media services.
9. Data usage and your mobile device
Gobabble is not responsible for any mobile charges incurred through the use our Service. If you're not sure what charges you will incur, please contact your mobile service provider before using our Services.
10. Updates to Gobabble Service
From time to time, you may be required to download updates to Gobabble application in order to improve your use and experience of our Services.
11, Service termination
You may terminate your use of Gobabble at any time by uninstalling and deleting the Gobabble application. If you wish to terminate your account on Gobabble, please send an email to email@example.com with your account information. You may also do so by going to Setting > Contact Support within the Gobabble application. Please note that account termination requests may take 3-5 business days to process.
In the event of misuse or abuse, we reserve the right to limit, suspend or terminate your use of any part of the Gobabble Service either permanently or temporarily.
You agree to indemnify and hold harmless all Gobabble Parties from any claims, losses, damages, or liabilities, arising out of (a) your use or misuse of Gobabble; (b) any violation by you of Gobabble Policy; or (c) any breach of the representations, warranties and covenants made by you herein.
To the best of our abilities we will try to keep our Services running, free of disruptions. Other than expressly set out in these terms, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF GOBABBLE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER DOTDOTDOT NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS OF GOBABBLE APP AND SERVICE, DISTRIBUTORS, LICENSEES, OR LICENSORS (COLLECTIVELY, “GOBABBLE PARTIES”) ASSUME LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF GOBABBLE SERVICE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GOBABBLE SERVICE;
(e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GOBABBLE SERVICE BY ANY THIRD PARTY; AND/OR
(f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOBABBLE SERVICE.
IF THE LAWS OF THE COUNTRY WHERE YOU RESIDE DOES NOT ALLOW THE EXCLUSION OF LIBAILITY AS PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
14. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE) AND THAT GOBABBLE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT GOBABBLE’S DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GOBABBLE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GOBABBLE PARTIES, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE AND ACCESS OF OUR SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO NO MORE THAN THE AMOUNT YOU PAID US TO USE OUR SERVICES, WITHIN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
BY USING OUR SERVICES, YOU ALSO ACKNOWLEDGE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER REGARDING WHO YOU CHOOSE TO INTERACT WITH WHILE USING GOBABBLE AND FOR ANY THIRD PARTY CONTENT THAT YOU OR OTHER USERS YOU INTERACT WITH MAY INTRODUCE DURING THE COURSE OF YOUR USE OF OUR SERVICES.
15. Governing law and venue
This Terms of Service and all matters arising out of or relating to these Terms or the Services is governed by the laws of the Republic of Korea, including, without limitation, validity, interpretation, construction, performance and enforcement of the Terms.
16. Dispute resolution
We strongly encourage you to contact our customer support team to seek resolution to any claims arising out of your use of our Services. In the event of any disputes or conflicts arising from your use of our Services, such dispute shall be administered in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. Arbitration shall be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to assign one.
If any portion of these Terms is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, that provision shall be severed from the Terms and the remaining provisions of the Terms shall remain in full force and effect.
18. Additional terms
These Terms may be modified when deemed necessary. In the event such modifications are made, we will notify you by updating this page and/or placing an announcement popup within Gobabble. By continuing to use the Services, you shall have deemed to have granted consent for such additions, which shall become a part of your agreement with us. In the event you do not agree to amendments, you may express your disagreement within seven (7) days of effective date.
19. Entire agreement
This Terms of Service represents the complete agreement regarding the above referenced matters, except as set forth under amendments made regarding additions and/or modifications and may be amended only with mutual consent of both parties.
These Terms, together with any additional terms applicable to Services that you use, comprise the entirety of the agreement relating to your use of the Gobabble Service and supersedes all prior understandings between you and DotDotDot. None of the rights and obligations under the Terms of this Agreement may be transferred to anyone else without our express consent.
For any inquiries related to this Terms of Service, please contact us at firstname.lastname@example.org.