Humbubble Terms and Conditions

Last Updated: 1st January 2015

Introduction

Thanks for choosing Humbubble.

Humbubble is a subscription service that provides Karaoke streamed over the Internet to any compatible web device, which includes computers, tablets, smart phones and other devices.

By using the Humbubble service, websites or other software products (“Service”), you are entering a binding Contract with Humbubble Ltd (“Humbubble”). Your agreement with us includes these Terms and Conditions (“Terms”). If you don’t agree with these Terms, then please don’t use the Service.

In order to use the Humbubble Service, you need to ensure that any registration information that you submit to Humbubble is true, accurate and complete, and you agree to keep it that way at all times.

About Humbubble

Humbubble Ltd, incorporated in England and Wales, registration number 05306776. Registered office being 16 Guildford Park Road Guildford, Surrey, GU2 7ND, UK.

Changes to the Agreements

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

Our Service

The Humbubble Service is an online Karaoke streaming service that allows you to search, queue and stream Karaoke and may be accessed though the following methods.

Demo

Access to play clips of songs. This allows you to try the Humbubble system, test it works with your equipment and evaluate the service at no cost.

Subscription

A reoccurring subscription fee that allows full access to the Humbubble Service.

Trial

From time to time, we may offer trials of the Subscription for a specified period without payment (a “Trial”). Humbubble reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Subscription on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Humbubble account’s settings before the end of the Trial.

Trial Terms

The Trial, entitles you access to the Humbubble Service for a period of fourteen days from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the Trial offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to the Terms. If you decide that you do not want to become a paying user of the Humbubble Service upon the lapse of the Free Trial Period, you have to terminate your Humbubble Service by the end of the Free Trial Period. You may only use this Free Trial Offer once. Humbubble reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the Terms at any time without prior notice and with no liability.

Licence and assignment

The Humbubble Service and the content provided through it are the property of Humbubble or Humbubble’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Humbubble Service and to receive the media content made available through the Humbubble Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Humbubble.

The Humbubble’s software applications are licensed, not sold, to you, and Humbubble retains ownership of all copies of the Humbubble software applications even after installation on your Devices. Humbubble may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

All Humbubble trademarks, service marks, trade names, logos, domain names, and any other features of the Humbubble brand are the sole property of Humbubble. This Licence does not grant you any rights to use the Humbubble trademarks, service marks, trade names, logos, domain names, or any other features of the Humbubble brand, whether for commercial or non-commercial use.

You agree to abide by our User Guidelines (below) and not to use the Humbubble Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Humbubble Service, please contact us.

Consideration

In consideration for the rights granted to you under these Terms, you grant us the right to allow the Humbubble Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service.These Terms are not intended to grant rights to anyone except you and Humbubble, and in no event shall these Terms create any third party beneficiary rights. Any failure by Humbubble to enforce these Terms or any provision thereof shall not waive Humbubble’s right to do so.

User Guidelines

Humbubble respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:

  • Copying, reproducing, “ripping”, recording, or making available to the public any part of the Humbubble Services or content delivered to you via the Humbubble Services, or otherwise any making use of the Humbubble Service which is not expressly permitted under these Terms;
  • reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Humbubble Services or any part thereof;
  • circumventing any technology used by Humbubble, its licensors, or any third party to protect content accessible through the Service;renting or leasing of any part of the Services;circumventing of any territorial restrictions applied by Humbubble;
  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Humbubble Service;
  • providing your password to any other person or using any other person’s user name and password.
  • interfering with the Humbubble Service, tamper with or attempts to probe, scan, or test for vulnerabilities in the Service or Humbubble’s computer systems or network, or breaches any of Humbubble’s security or authentication measures

You agree that Humbubble may also reclaim your username for any reason.

You agree that Humbubble may monitor usage levels, including without limitation, content usage levels by individual users. We reserve the right (at our sole discretion) to monitor and control data volume. Should your usage be beyond what is deemed reasonable usage, we reserve the right (at our sole discretion) to reduce, suspend or terminate your service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Technology limitations and modifications

Humbubble will make reasonable efforts to keep the Humbubble Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Humbubble reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Humbubble Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Humbubble Service or any function or feature thereof. You understand and agree that Humbubble has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

Payments, cancellations and cooling off

If you reside in a Country which is part of the European Union and have purchased a Subscription, you have the right to change your mind and receive a full refund within fourteen days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.

If you have a Paid Subscription, your payment to Humbubble will automatically renew at the end of the subscription period, unless you cancel your Subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.Humbubble may change the price for the Subscriptions from time to time, and will communicate any price changes to you. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Humbubble Service after the price change takes effect, you accept the new price.

Term and termination

These Terms will continue to apply to you until terminated by either you or Humbubble. Humbubble may terminate the Terms or suspend your access to the Humbubble Service at any time, including in the event of your actual or suspected unauthorised use of the Humbubble Service or non-compliance with the Terms. If you or Humbubble terminate the Terms, or if Humbubble suspends your access to the Humbubble Service, you agree that Humbubble shall have no liability or responsibility to you and Humbubble will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Terminate your Humbubble account

Disclaimers of Warranties and Limitations on Liability

The Humbubble Service and all content and software associated therewith, or any other features or functionalities associated with the Humbubble Service, are provided “as is” and “as available” with all faults and without warranty of any kind. Humbubble does not guarantee, represent, or warrant that your use of the Humbubble service will be uninterrupted or error-free. Humbubble specifically disclaims liability for the use of applications, and Humbubble software (including their continuing compatibility with our service).

To the extent permissible under applicable laws, in no event shall Humbubble, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 16 Guildford Park Road, Guildford, Surrey, GU2 7ND and all notices from us to you will be displayed on our website from time to time.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

(c) 2013 Humbubble Ltd, All rights reserved