Welcome to the Terms of Service for the BleepBleeps application. This is an agreement (“Agreement”) between BleepBleeps Limited (“BleepBleeps”), the owner and operator of the BleepBleeps mobile application and any associated services (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “BleepBleeps,” “us,” “we,” and “our,” refer to our company, BleepBleeps Limited and our Platform, as is appropriate in the context of the use of the words.
The BleepBleeps Platform along with its connected products assists families in making parenting and pregnancy easier. The Platform offers simple tools, information and guidance through its user friendly interface.
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
When using our Platform, you are responsible for your use of BleepBleeps, and for any use of BleepBleeps made using your account. You agree not to access, copy, or otherwise use the BleepBleeps Platform, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by BleepBleeps. You agree to abide by the following:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but BleepBleeps reserves the right to suspend or terminate any account at any time without notice or explanation.
After registering for our Platform, we grant you a personal, non-exclusive, fully revocable, non-commercial, non-sublicenseable, limited license to use and access our Platform. As a user, you do not receive any ownership interest in any portion of the Platform; you merely receive the aforementioned license listed above. All rights not explicitly granted are reserved for BleepBleeps. If you wish to terminate this license please notify us immediately or simply delete the Platform from your phone or mobile device.
Please be aware that you are responsible for your use of our Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant BleepBleeps, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
You may be able to access your Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and service provider. Please be sure to check your data plan to understand any relevant costs incurred by your use of our Platform. We cannot be responsible for any fees charged by your data or cellphone carrier.
Although we will try to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work as stated, or that it will give you any desired results.
Please be aware that our Platform and any information found within it are offered “as-is.” BleepBleeps is offered only for informational and educational purposes. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAVING, EMERGENCY, OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON ANY OF OUR PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. All life threatening and emergency events should be directed to the appropriate response service. BleepBleeps is not a substitute for any emergency or medical service. BleepBleeps does not offer any medical advice and if you have any questions please contact your physician or healthcare provider. BleepBleeps does not endorse and may not verify any of the content or mobile notifications received via the Platform. You agree that any information or notifications from the Platform may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from BleepBleeps with respect to such actions or omissions.
While we aim to provide you high quality service through our Platform, all services may not be available 100% of the time. The Platform may be subject to interruptions for a variety of reasons, including Wi-Fi connectivity, mobile issues, cellphone service, and service provider uptime
Please be aware that the Platform may not be available without the following: (i) a functional Wi-Fi network that can communicate with our products; (ii) a copy of our Platform downloaded on a mobile device; (iii) continuous internet service; and (iv) other system requirements as specified by us. Please be aware that you are fully responsible for these requirements. Failure to obtain these requirements may result in unavailability or errors in the Platform.
The name “BleepBleeps”, the design of the BleepBleeps Platform along with the BleepBleeps created text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to BleepBleeps, subject to copyright and other intellectual property rights under English and foreign laws and international conventions. BleepBleeps reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY BLEEPBLEEPS CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BLEEPBLEEPS LIMITED, NOR ANY OF THEIR EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY USER CONTENT; (C) OUR CONTENT AND CONTENT FOUND ON OUR PLATFORM; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BLEEPBLEEPS OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BLEEP BLEEPS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. BLEEP BLEEPS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. BLEEP BLEEPS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND BLEEPBLEEPS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. BLEEP BLEEPS DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH BLEEPBLEEPS.
IN NO EVENT SHALL BLEEPBLEEPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE OUR PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR PLATFORM FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. BLEEP BLEEPS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IF A TOTAL DISCLAIMER AND RELEASE OF LIABILITY IS NOT PERMITTED IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 ENGLISH POUNDS.
You agree to defend, indemnify and hold harmless BleepBleeps Limited , its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the BleepBleeps Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of BleepBleeps, firstname.lastname@example.org.
Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. The offer and acceptance of this contract is deemed to have occurred in England. You and BleepBleeps agree to submit to the exclusive jurisdiction of a competent court of law in London, England to resolve any and all disputes.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with BleepBleeps are deemed to conflict with each other’s operation, BleepBleeps shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
If we determine that any of your actions may harm BleepBleeps, we may terminate or suspend your account, or our Platform without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate Platform, you must cease using our Platform. If you wish to terminate your use of our Platform, simply uninstall the mobile application or discontinue use of the Platform. In the event that you terminate your account, all information may be deleted and unrecoverable. 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. You agree that we are not required to provide you with access to our Platform and may terminate our Platform at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
The communications between you and BleepBleeps use electronic means, whether you visit the Platform or send BleepBleeps e-mails, or whether BleepBleeps posts notices on the Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from BleepBleeps in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that BleepBleeps provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
California users are also entitled to the following specific consumer rights notice, if you have any questions about pricing or disclosures please contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
Last Updated: July 3, 2015