We appreciate your use of Blogbamba. Our aim is to expand the understanding of our users and disseminate meaningful ideas.
The following Terms of Service (“Terms”) govern your use of our websites, mobile applications, and other online products and services (together referred to as the “Services”) provided by Blogbamba (“we” or “Blogbamba”). By affirming your consent (e.g., “Continue,” “Sign-in,” or “Sign-up,”) or by utilizing our Services, you agree to these Terms, which include the mandatory arbitration stipulation and class action waiver in the Resolving Disputes; Binding Arbitration Section.
If you have any queries regarding these Terms or our Services, please reach out to us at [email protected].
Your Account and Responsibilities
You are accountable for your use of the Services and any content you contribute, this includes adherence to relevant laws. Content on the Services may be guarded by others' intellectual property rights. Please avoid duplicating, uploading, downloading, or disseminating content unless you possess the rights to do so.
Your use of the Services must be in line with our Rules.
To gain access to certain or all of our Services, you may be required to create an account. Please help us ensure the security of your account. Protect your password and keep your account information updated. We advise against sharing your password with others.
If you are accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you certify that you have the authority to do so, and in such cases, the terms "you" or "your" in these Terms extend to that other person or entity.
You must be at least 13 years old to use our Services.
If you use the Services to access, gather, or use personal information about other Blogbamba users ("Personal Information"), you agree to do so in accordance with applicable laws. You also agree not to sell any Personal Information, where the term "sell" carries the meaning given to it under applicable laws.
For Personal Information you supply to us (e.g., as a Newsletter Editor), you assert and guarantee that you have lawfully collected the Personal Information, and that either you or a third party has issued all necessary notifications and acquired all necessary consents prior to collecting the Personal Information. You further assert and guarantee that Blogbamba's use of such Personal Information, in line with the purposes for which you provided us the Personal Information, will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not result in us violating any applicable laws.
User Content on the Services
Blogbamba may evaluate your conduct and content for compliance with these Terms and our Rules, and reserves the right to eliminate any content that violates them.
Blogbamba reserves the right to delete or disable content alleged to be infringing on the intellectual property rights of others and to terminate the accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy.
Rights and Ownership
You retain your rights to any content you submit, post, or display on or through the Services.
Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Blogbamba a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.
Blogbamba requires this license because you own your content and Blogbamba, therefore, can't display it across its different platforms (i.e., mobile, web) without your permission.
This kind of license is also necessary for disseminating your content across our Services. For example, you post a story on Blogbamba. It is reproduced as versions on both our website and app, and disseminated to various places within Blogbamba, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on Blogbamba that uses parts of your content, again with full attribution. This license applies to our Services only and does not give us any permissions outside of our Services.
As long as you comply with these Terms, Blogbamba grants you a limited, personal, non-exclusive, and non-transferable license to access and use our Services.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any rights, title, or interest in the Services, other users' content on the Services, or Blogbamba trademarks, logos, or other brand features.
Aside from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, at our sole discretion, without any obligation to you. We may treat feedback as non confidential.
We may discontinue offering the Services or any of its features at our sole discretion. We also retain the right to establish limits on use and storage and may delete or restrict content distribution on the Services.
As a user, you are at liberty to discontinue using our Blogbamba Services anytime. We, however, hold the right to suspend or cease your access to the Services without the need to provide prior notice.
Data Management and Processing
In delivering our Services to you, we need your consent that we may process, transfer, and store your personal information within the United States or other countries. Be aware that your rights and protections under the law may vary in these locations compared to your local jurisdiction.
Compensation for Loss
To the maximum degree allowed by law, you are to indemnify, protect and hold harmless Blogbamba, along with our officers, directors, agents, partners, and employees (collectively referred to as "Blogbamba Entities") from any losses, claims, damages, expenses, or costs arising from your violation of another party's rights (including intellectual property or privacy rights) or legal violations. You're expected to notify the Blogbamba Entities promptly about any third-party claims and cooperate in defending such claims, covering all associated expenses (including attorneys' fees). You also agree that Blogbamba Entities will lead the defense or settlement process of any third-party claims, at Blogbamba's sole discretion.
Disclaimers - Our Services are “As Is”
While Blogbamba strives to offer top-tier Services, we can't assure absolute perfection. You're using our Services entirely at your own risk. Please note that our Services and any content posted or shared by users are given "as is" and "as available," devoid of any express or implied warranties. Moreover, Blogbamba doesn’t guarantee that our Services are error-free, current, reliable, or complete. We may offer information about third-party products or services or allow third parties to make their content available through our Services (termed "Third-Party Content"). We don’t control or endorse these, and we offer no warranties regarding Third-Party Content. You are responsible for accessing and using Third-Party Content. Some jurisdictions may not recognize the disclaimers in this clause; thus, they may not apply to you.
Where it would be unlawful, we do not exclude or limit our liability. This includes any liability due to gross negligence, fraud, or intentional misconduct by Blogbamba or the Blogbamba Entities in providing the Services. In jurisdictions that don’t allow the following exclusions, we are accountable only for losses and damages directly resulting from our lack of reasonable care and skill or our breach of contract. This clause doesn't affect consumer rights that can't be waived or limited by any agreement or contract.
In jurisdictions where exclusions or limitations of liability are permissible, Blogbamba and Blogbamba Entities won't be liable for:
(a) Any indirect, consequential, incidental, exemplary, punitive, or special damages, or any loss of data or profits, under any legal theory, even if we've been informed of the possibility of such damages.
(b) Beyond the types of liability we can't limit by law (as described in this section), we limit our total liability for any claim arising out of or related to these Terms or our Services to the larger of $50.00 USD or the amount you've paid for our Services.
Conflict Resolution and Agreement to Binding Arbitration
At Blogbamba, we emphasize the importance of settling disagreements without necessitating formal legal proceedings. If there is a claim against Blogbamba, you commit to first reach out to us to informally address the issue. This can be done by sending a written notification detailing your claim to [email protected]. The notification should include your full name, residential address, email address, telephone number, a description of your claim, and the relief you're seeking. In response, we will contact you through the email associated with your online account providing the same details. If a resolution isn't reached within thirty (30) days following the receipt of the notification, either party is free to initiate a formal legal process.
Please carefully review the following section as it necessitates the arbitration of certain conflicts and claims with Blogbamba, defining the methods through which you can pursue redress, unless you opt-out of the arbitration following the procedures provided. This arbitration provision doesn't allow class or representative actions or arbitrations. Moreover, opting for arbitration restricts your ability to sue in court or have a jury trial.
(a) No Representative Actions. It's agreed that any conflict emanating from these Terms or our Services is unique to you and Blogbamba, thus, such conflicts will be handled solely through individual action, and not as a class arbitration, class action, or any form of representative proceeding.
(b) Arbitration of Disputes. With the exception of small claims disputes wherein you or Blogbamba wish to pursue an individual action in the small claims court within your county, or disputes involving an injunction or other equitable relief for alleged infringement or misappropriation of intellectual property, both parties renounce their rights to a jury trial and to have any other disputes resolved in court. Instead, all disagreements, including those pertaining to privacy and data security, will be resolved via confidential, binding arbitration by a singular arbitrator, and will be managed by BB in New York, New York. However, if you are a consumer, you can decide to hold the arbitration in your county of residence. Here, a "consumer" refers to an individual using the services for personal, family, or household purposes. It's agreed by both parties that all disputes will be governed by the BB Streamlined Arbitration Rules and Procedures ("BB Rules"). The most current iteration of these rules is accessible on the BB Website and is implicitly included in these Terms. You acknowledge and agree that you have reviewed and understood these rules or forego your right to claim that the rules are unfair or should not apply for any reason.
(c) As these Terms affect interstate commerce, it's agreed by both parties that the enforceability of this section will be determined by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum degree permissible by applicable law. Limited by the FAA, these Terms and the BB Rules, the arbitrator is granted the exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would typically be available in court, including the power to decide on the question of arbitrability. The arbitrator may only conduct individual arbitrations and may not consolidate multiple individual's claims or preside over any class, representative, or collective proceedings.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Blogbamba, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information collected, prepared, and presented for the arbitration or connected to the Dispute(s) therein. The arbitrator possesses the authority to issue appropriate rulings to safeguard confidentiality, unless the law provides otherwise. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary for preparation or conduct of the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) It's agreed by you and Blogbamba that for any arbitration you initiate, you will cover the filing fee (up to a maximum of $250 if you are a consumer), and Blogbamba will cover the remaining BB fees and costs. If Blogbamba initiates the arbitration, we will cover all BB fees and costs. It's agreed by both parties that the state or federal courts of the State of New York and the United States in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be lodged within one year after the related claim arose; otherwise, the Dispute is permanently barred, which implies that neither you nor Blogbamba will have the right to assert the claim.
(g) You reserve the right to opt out of binding arbitration within 30 days from when you first accepted these terms by sending an opt-out request email to [email protected]. For the opt-out to be valid, the notice must include your full name and address and clearly state your intent to opt-out of binding arbitration. If you opt out of binding arbitration, you consent to resolve Disputes according to the next section on "Governing Law and Venue."
(h) If any part of this section is found to be unenforceable or unlawful, that provision will be severed from these Terms, and its severance will not impact the rest of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis. If any claims are required to proceed on a class, collective, consolidated, or representative basis, they must be litigated in a civil court of competent jurisdiction and not in arbitration. Both parties consent to stay the litigation of those claims pending the resolution of any individual claims in arbitration. Furthermore, if any part of this section is found to impede an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the rest of this section will remain enforceable.
Jurisdiction and Applicable Laws
These Terms and any potential dispute arising between you and Blogbamba will be interpreted in accordance with the laws of the State of New York, notwithstanding its principles on conflict of laws. Any disagreements between the parties not subjected to arbitration or ineligible for small claims court will be settled in the state or federal courts of New York and the United States respectively, both based in New York, New York.
Please note that certain countries enforce laws that necessitate agreements to abide by the local laws of the consumer's nation. This section does not supersede those laws.
From time to time, we may make modifications to these Terms. If we do, we will notify you by either sending an email to the email address linked to your account, providing an in-app notification, or updating the date at the beginning of these Terms. Unless indicated otherwise in our notice, the updated Terms become effective immediately. Your continued usage of our Services after we provide this notice will serve as your acknowledgment and acceptance of the changes. If you disagree with the updated Terms, you are required to cease using our Services.
If any part or provision of these Terms is deemed unlawful, void, or unenforceable, that part or provision is considered separate from these Terms and does not impact the validity or enforceability of the remaining provisions.
Any failure by Blogbamba to assert or implement any right or provision of these Terms will not be considered a waiver of that right or provision. These Terms represent the complete agreement between the parties concerning the subject matter and supersede all preceding agreements, statements, and understandings of the parties. The section titles in these Terms are solely for convenience and hold no legal or contractual significance. The term "including" is to be understood as "including, but not limited to." Unless otherwise specified herein, these Terms are intended purely for the benefit of the parties and are not intended to bestow third-party beneficiary rights on any other individual or entity. You acknowledge that our communication and transactions may be conducted
How To Contact Us
45 Rockefeller Plaza FL 20
New York, NY 10111