APPLICATION OF THESE TERMS
Hey Blab is an enterprise messaging application from Peerspace Ltd, a company registered in England.
To use Hey Blab you must agree to these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes (including the effective date) to our Site so please revisit them every so often because we will assume that you agree with them if you continue to use Hey Blab.
When you access Hey Blab we allow you to use our software, where “software” includes the software we developed to run our App, any related documentation or data distributed to you and any future fixes, updates and upgrades, solely for you to use Hey Blab in accordance with these Terms.
This license is non-transferable, for your personal use and for use on devices that you own or control and is subject to you doing / not doing all these things:
(a) complying with the rules set out in the Apple App Store Terms of Service (if this is how you downloaded or installed the Hey Blab app on an Apple device) and any other terms that apply to Apps or Sites you access via Hey Blab;
(b) not copying our software (other than a single copy for your own backup purposes);
(c) not removing, modifying or obscuring any copyright, trade mark or other proprietary rights notices contained in Hey Blab;
(d) not reverse engineering, decompiling, or disassembling Hey Blab;
(e) not granting any rights in Hey Blab to anyone else without our prior written consent;
(f) not uploading anything to Hey Blab that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of Hey Blab;
(g) not exporting or re-exporting the software in violation of US export laws;
(h) not being located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country or being listed on any US Government list of prohibited or restricted parties;
(i) not accessing, creating or modifying the source code of our software in any way;
(j) not using Hey Blab in any way that impedes the normal enjoyment of, or performance by, Hey Blab by another user;
(k) not using Hey Blab to track, monitor or analyse user behaviour in any manner;
(l) not attempting to compromise any security measures employed by Hey Blab or Hey Blab’s third party partners, including, but not limited to, tampering with such measures;
(m) complying with all other terms and warranties of these Terms and applicable laws and regulations and
(n) not taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
If you don’t comply with these conditions, we may terminate your access to Hey Blab and take other action we deem appropriate.
USER GENERATED CONTENT
Hey Blab is set up to display content generated by users (“User Generated Content”). We don’t review, and cannot review, the content accessible via Hey Blab, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. Each user chooses, and is responsible for, the content that is uploaded via Hey Blab, and your access of User Generated Content is solely at your own risk.
If you submit content to or via Hey Blab, you agree to the following:
(a) you will only upload content that you own or are permitted to upload;
(b) you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights;
(c) you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via Hey Blab;
(d) you will not upload any content which you know is false, or is defamatory, libellous, deceptive, invasive of another’s privacy, tortious, pornographic, profane, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate, or contains or depicts nudity or sexual activity; and
(e) you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.
If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use Hey Blab.
CONTENT PROVIDED BY US
All IP rights in content and code provided by Hey Blab are our property, or the property of our affiliates or partners. When you access Hey Blab you agree not to do any of the following (nor allow anyone else to do them) in relation to any content provided in Hey Blab where “content” includes any programming (or other IP) owned or distributed by us or our partners:
(a) modifying or using any content otherwise than as allowed under these Terms;
(b) using, marketing or re-distributing any content through any software application other than Hey Blab;
(c) downloading, re-transmitting, reproducing or storing the content on any device or media (other than for any brief periods of time necessary for streaming of any content); and/or
(d) reformatting, optimising or customising the content for display, distribution or transmission.
When you download Hey Blab, you will be asked to create a Hey Blab account (“Account”) by registering with your email address and password or using your Slack or other support 3rd-party login. You can also connect to supported third party services (e.g. Slack, Facebook) to use certain features. Connecting to a third party service is subject to your compliance with these Terms as well as any terms of the third party service provider.
You are responsible for all activity that occurs under your Account so please keep any password confidential and access to your computer or access device secure. You must notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or login details.
THIRD PARTY SITES AND APPS
Content posted in Hey Blab may include links to other apps and sites. Even though these apps and sites are accessible via Hey Blab, they are not owned or controlled by us. As a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of, with regard to such third party apps and sites, what you experience, the content you access, what impact that content has on you, or any dealings between you and these third parties or the failure of third party apps or sites to function properly. The inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by Hey Blab of the site or app and/or its contents.
ADVERTISING AND COOKIES
If you experience a problem with Hey Blab, please report it to us. We may occasionally restrict access to Hey Blab to carry out repairs, maintenance or to introduce new functionality or services, but we will try to keep disruption to a minimum.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Hey Blab will investigate notices of copyright infringement. If you are a copyright holder who believes that any of the products, services or content which are directly available via Hey Blab are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be emailed to us at email@example.com. A notification of claimed copyright infringement must include the following: (a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; (b) Specific identification of each copyrighted work claimed to have been infringed, including if applicable, the Copyright Registration Certificate Number; (c) A description of where the material believed to be infringed is located on Hey Blab (please be as detailed as possible and provide a URL to help us locate the material you are reporting); (d) contact information for the complaining party, such as a complete name, address, telephone number, and email address; (e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once we receive a notification of infringement, it is our policy to remove any infringing content and terminate the accounts of repeat infringers. Upon receipt of a written notice containing the information and statements specified in the previous paragraph we will promptly (a) disable or remove access to the material that is alleged to be infringing, (b) forward the written notification to such alleged infringer (“Infringement Notification Recipient”), (c) and take reasonable steps to notify such Infringement Notification Recipient that we have removed or disabled access to the materials, and that such Infringement Notification Recipient has the right to file a counter-notification.
To be effective, a Counter Notification must be a written communication provided by an Infringement Notification Recipient to Hey Blab by email that includes substantially the following:
• A physical or electronic signature of the Infringement Notification Recipient;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the Infringement Notification Recipient has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The Infringement Notification Recipient’s name, address, and telephone number, and a statement that the Infringement Notification Recipient consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Infringement Notification Recipient ‘s address is outside of the United States, for any judicial district in which Hey Blab may be found, and that the Notification Recipient will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
• Hey Blab shall promptly provide the complaining party, with a copy of the Counter Notification;
• Hey Blab shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
• Hey Blab shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Hey Blab’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain the Infringement Notification Recipient from engaging in infringing activity relating to the material on Hey Blab’s network or system.
Hey Blab reserves the right to terminate the account of, or block access to Hey Blab for, any Infringement Notification Recipient who has been alleged to infringe copyrights.
ADDITIONAL TERMS APPLICABLE TO USERS OF IOS DEVICES
If you installed or downloaded our App via Apple, Inc.’s iTunes Store (“Apple”): (a) you agree that these Terms are concluded between you and us only (and not with Apple), that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary; (b) you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our App; (c) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App; (d) you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Apple of such failure and Apple will refund the purchase price of the App (if any) to you and, to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our App; and (e) Apple will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.
WE WILL DO OUR BEST TO ENSURE Hey Blab RUNS SMOOTHLY, BUT WE CANNOT GIVE ANY GUARANTEES THAT IT ALWAYS WILL (PARTICULARLY GIVEN THAT WE RELY ON THIRD PARTIES IN PROVIDING Hey Blab TO YOU). Hey Blab IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND ON BEHALF OF OUR AFFILIATES, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION:
(A) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, AND NON-INFRINGEMENT;
(B) THAT Hey Blab WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, VIRUS-FREE OR ERROR-FREE;
(C) THAT CONTENT DISPLAYED OR OBTAINED VIA Hey Blab WILL BE ACCURATE OR RELIABLE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND
(D) THAT THE RESULTS OF USING Hey Blab WILL MEET YOUR REQUIREMENTS.
IN NO EVENT WILL Hey Blab, OR ITS LICENSORS, SUPPLIERS OR AFFILIATES, BE LIABLE, TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO Hey Blab FOR:
(A) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES;
(B) ANY LOST PROFITS OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES;
(C) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA;
(D) FOR BUSINESS LOSSES OR LOSSES TO NON-CONSUMERS;
(E) PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO USE OF Hey Blab;
(F) ANY LOSS OR DAMAGE ARISING FROM USER GENERATED CONTENT (AS SET OUT ABOVE) OR ANY ACTIONS OR OMISSIONS THAT YOU TAKE IN RELIANCE UPON IT;
(G) ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL; OR
(H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
YOU AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH Hey Blab IS TO DISCONTINUE ANY USE OF OUR SITE AND/OR OUR APP.
IF FOR ANY REASON, YOU DO BRING A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF Hey Blab, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED $5.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Hey Blab, OUR CONTRACTORS, AND OUR LICENSORS, SUPPLIERS, AND AFFILIATES, AND ALL RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF, MISUSE OF, OR ACCESS TO Hey Blab, OR ANY CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO OUT OF YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY ON Hey Blab) BREACH OF THESE TERMS OR THE TERMS OF ANY THIRD PARTY LOGIN SERVICE. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
CHANGES AND TERMINATION
We may change, suspend, restrict or terminate any or all features of, or your access to, Hey Blab at any time for whatever reason, or for no reason. We will use our best efforts to give you reasonable notice of any such changes/termination wherever possible but we will not be liable to you or to any third party for any changes, suspension, or restriction to, or termination of, Hey Blab.
If we have to terminate your access to Hey Blab as a result of you having breached these Terms or because you have brought a claim against us, you will not establish another account with us for a period of not less than 6 years from the date of termination.
You can terminate your access to Hey Blab at any time by closing down the App and deleting it from your computer or access device, or – in the case of our Site – logging out and navigating to another site.
The laws of the United Kingdom apply to these Terms, without regard to conflict of law rules. You agree that the courts located in London, England shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.