Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, 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 LKCollab, acceptance is expressly limited to these terms.
Your Bubbl.us Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You will not use the Website for any action that will be considered unlawful in USA or country of your residence, and LKCollab may remove or hold any content you create that it considers inappropriate or unlawful, or otherwise likely to cause LKCollab liability. LKCollab 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 Contributors
If you create content (Bubbl.us mind maps) available by means of the Website (any material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
If you delete Content, LKCollab will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, LKCollab has the right (though not the obligation) to, in LKCollab's sole discretion (i) refuse or remove any content that, in LKCollab's reasonable opinion, violates any LKCollab 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 LKCollab's sole discretion.
Fees and Payment
LKCollab reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. If you elect not to pay any fees charged by LKCollab, LKCollab shall have the right to cease providing the Service to you.
LKCollab reserves the right to choose to issue refunds based on individual circumstances. Contact LKCollab through Help/Contact link on the Site for a refund request.
Responsibility of Website Visitors
LKCollab has not reviewed, and cannot review, all of the material posted to the Website, and cannot, therefore, be responsible for that material's content, use or effects. By operating the Website, LKCollab does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself from any liability. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LKCollab disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Bubbl.us links, and that link to Bubbl.us. LKCollab does not have any control over those non-Bubbl.us websites and web pages and is not responsible for their contents or their use. By linking to a non-Bubbl.us website or webpage, LKCollab does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LKCollab disclaims any responsibility for any harm resulting from your use of non-Bubbl.us websites and web pages.
Bubbl.us recognizes that any data provided by the User to Bubbl.us is extremely important to the User, and Bubbl.us shall, therefore, be particularly sensitive in handling such data. Bubbl.us shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, Bubbl.us shall not provide or otherwise disclose any personal data of the User to any third party without authorization.
Copyright Infringement and DMCA Policy
As LKCollab asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bubbl.us violates your copyright, you are encouraged to notify LKCollab in accordance with LKCollab's Digital Millennium Copyright Act (”DMCA”) Policy. LKCollab will respond to all such notices, including as required or appropriate by removing the infringing material or 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 LKCollab or others, LKCollab may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LKCollab will have no obligation to provide a refund of any amounts previously paid to LKCollab if the violator is a premium service subscriber.
This Agreement does not transfer from LKCollab to you any LKCollab or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LKCollab. LKCollab, Bubbl.us, the Bubbl.us logo, and all other trademarks, service marks, graphics and logos used in connection with Bubbl.us, or the Website are trademarks or registered trademarks of LKCollab or LKCollab'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 LKCollab or third-party trademarks.
If you have a paid or educational Bubbl.us account, Bubbl.us may identify you as a customer on our site or in our customer list, blogs, and other public communications. To request removal of this identification, please notify us in writing at email@example.com.
LKCollab reserves the right, at its sole discretion, to modify or replace any part of this Agreement. LKCollab will provide notification of changes via e-mail. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require LKCollab to obtain your consent to such changes or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms. LKCollab may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
LKCollab may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bubbl.us account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium account, such account can only be terminated by LKCollab if you materially breach this Agreement and fail to cure such breach within thirty (30) days of LKCollab's notice to you thereof; provided that, LKCollab 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". LKCollab 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 LKCollab nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will LKCollab, 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. LKCollab 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.
General Representation and Warranty
You agree to indemnify and hold harmless LKCollab, 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 out of your violation this Agreement.
This Agreement constitutes the entire agreement between LKCollab and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LKCollab, or by the posting by LKCollab 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 Wisconsin, 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 Milwaukee County, Wisconsin. 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; LKCollab 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.
LKCOLLAB PROVIDES THE SITE AND SERVICES ON "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL LKCOLLAB BE LIABLE FOR ANYDIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON,INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT LKCOLLAB HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH LKCOLLAB SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.