Terms of Service

Last Updated: September 26, 2017

 

Thank you for choosing to use our services.

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with Finedine internet sites, applications and online services (the “Service”) operated by BAMBULABS YAZILIM A.Ş. (collectively, “Bambulabs,” “us,” “we,” or “our”). Please read these Terms of Service carefully before using our Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

These Terms of Service are subject to change by Bambulabs at any time and at our discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms each time you use this website.

Privacy and Communications

You acknowledge and agree that Bambulabs may occasionally send you communications regarding your account or the Service via email or any communication media. To keep your contact information up to date is under your responsibility. Otherwise, it will be deemed to have delivered the notifications made to the existing e-mail address. The communication purpose may be marketing, advertising, promoting or legal notifications. See the Privacy Policy, which is incorporated into this Agreement by reference.

See the Privacy Policy, which is incorporated into this Agreement by reference.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

The Site is not available to minors. If you are a minor, please do not use the Site.

Acceptable Use and Conduct

Our Software and Service may be used only for personal or commercial use, which must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You represent, warrant and agree that you will not use the Service for any purpose or in any manner that is not authorized by these Terms of Service. It is your responsibility to ensure that your use of the Service complies with these Terms of Service and to seek prior, express written permission from Bambulabs for any uses not permitted or not expressly specified in these Terms of Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Bambulabs cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Bambulabs customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Bambulabs with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Bambulabs to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Bambulabs will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Bambulabs may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Bambulabs until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Bambulabs reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Bambulabs, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Bambulabs will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Chargeback / Refund Policy

Bambulabs will not, except when required by law, issue cash refunds for early contract cancellation.

If you have a question about charges made to your account, please contact us. If the charges were made in error, we will credit your account or credit card account for the appropriate amount.

Any customer who disputes a credit card payment that is found to be valid will be banned from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service for marketing or promotional purposes. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service. An account terminated by Bambulabs will not be backed-up for any reason and will be immediately deleted from our servers.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bambulabs and its licensors. The Service is protected by copyright, trademark, and other laws. Except as expressly authorized by Bambulabs, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Bambulabs. For information on requesting such permission, please contact us at [email protected].

Our Logo

We display our logo within all Applications and Service in order to identify our brand. You may not modify or delete our logo or request us to do so.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Bambulabs.

Bambulabs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bambulabs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease and you will lose all data related to your account. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Bambulabs, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bambulabs has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Bambulabs’ liability in such jurisdictions shall be limited to the extent permitted by law.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or

implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Bambulabs, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions. You hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under these Terms of Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

For questions about this Agreement or the Privacy Policy please contact Bambulabs at [email protected].