By using bubbGUARD as a tool to document and archive your online harassment evidences, you represent and warrant that:

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• You own all rights and is responsible and is held fully accountable to all your evidence photo(s),

• Do not hold Bubb and bubbGUARD accountable for any misinterpretation of your content,

• Bubb and bubbGUARD’s use of your photo(s) does not infringe the rights of any third party or violate any law,

• If you are below 18 years of age, your parent or guardian will not hold us responsible for actions taken from your reports and content,

• that you have read, understand and agree to the following terms and conditions below:

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What happens if I respond and tag my report publicly with #DontDeleteBubbIt?

 

You grant bubbGUARD, its designees, affiliates, licensees, and their assignees an unlimited, non-exclusive, assignable, sub-licensable, perpetual, worldwide license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the photo(s) you post or have already posted on Social Media with a bubbGUARD-related hashtag in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity, promotional and commercial purposes. A “bubbGUARD-related hashtag” is a hashtag that consists of a bubbGUARD brand, trademark or the name of a bubbGUARD product or campaign.  Furthermore, you agree that bubbGUARD, its designees, affiliates, licensees, and their assignees shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter your photo(s) for any purpose which they deem necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have therein. 

 

This means by responding with#DontDeleteBubbIt on Twitter or Instagrammessage or comments section, bubbGUARD gets an unlimited right to use the photos with the relevant hashtag across their social media platforms, website and blog. The utilization includes for example the use of the photos in postings on bubbGUARD social media accounts, Facebook, Instagram, Pinterest, Blog and/or Twitter. However bubbGUARD shall have no obligation to use your photo or, if commenced, to continue the distribution or exploitation thereof.

 

What is in it for me?

Your photos will not only be visible to visitors of our social media feed and website. We will never announce bubbGUARD's user publicly. You have the opportunity to encourage others with your pictures during our #DontDeleteBubbIt movement. In return you release and discharge bubbGUARD from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with #DontDeleteBubbIt

 

What if I change my mind after a while?

You can always revoke the granting of rights to bubbGUARD by contacting us on our @bubbtheworld Twitter or Instagram’s private message.

 

Why do I have to give bubbGUARD representations and warranties?

Because we want to make sure that no rights are infringed with the use of your photos. Therefore by responding with #DontDeleteBubbIt you represent and warrant that (i) you own all rights in and to your photos, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) bubbGUARD’s use of your photos does not infringe the rights of any third party or violate any law. Moreover you indemnify, defend and hold bubbGUARD and any person acting on bubbGUARD’s behalf harmless from and against any claims, damages, liabilities, and/or costs in connection with use of the photos as described above.

 

Why is there an indemnification and limitation of liability?

By responding with #DontDeleteBubbIt to bubbGUARD’s’ message, a legally binding license agreement between you and bubbGUARD is concluded and we want to minimise the legal risks for bubbGUARD with the following: By responding with #DontDeleteBubbIt, you hereby agree to indemnify and hold bubbGUARD and its parent, affiliates and subsidiaries, and each of their respective employees, officers and directors (collectively, the “Releasees”) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of (i) any breach or alleged breach of any of the warranties, representations or agreements hereunder, or (ii) any use of the photos as contemplated hereunder.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUBB AND BUBBGUARD BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.