SKUBubble Terms of Services

Last update: August 1th, 2019

This Terms of Service or Terms of Service Agreement is entered into by and between InfoShore Technology Solutions LLP, a company incorporated under the laws of India, with registered office at IT 2002, IT ZONE, RAMCHANDRAPURA INDUS. AREA, SITAPURA, JAIPUR, Rajasthan (India) and you (the User), and is made effective as of the date of your use of this platform SKUBubble (https://www.skububble.com) or the date of electronic acceptance.

By using this Site, the services of this Site, and any service, software, application, plug-in, component, functionality, or program created by SKUBubble (together, the “Services”), you are agreeing to the following terms and conditions of the Agreement and Privacy Policy.

This Agreement, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Do read them carefully before using this Site or the Services.

By visiting this Site and/or by completing the registration process for the Services offered by SKUBubble, you, the User or Customer, represent and warrant you have read, understood, have the legal capacity to, and hereby agree to be legally bound by this Agreement.

By using this Site or the Services, you represent and warrant you are:

  1. At least eighteen (18) years of age.
  2. Otherwise recognized as being able to form legally binding contracts under applicable law.
  3. Or aren’t a person barred from purchasing or receiving the Services found under applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement.

Modifications to Terms of Service Agreement

SKUBubble may, in its sole and absolute discretion, change or modify this Agreement at any time, and such changes or modifications shall be effective immediately upon posting on the Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised.

If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Services. SKUBubble assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. That’s why it’s important to keep your information updated.

In addition, SKUBubble may terminate your use of Services for any violation or breach of any of the terms of this Agreement by you.

Take note, SKUBubble reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time deemed appropriate.

Registration Obligations

To obtain and use the Services, you will be required to register with SKUBubble by completing a registration form and designating a user ID and password.

When registering with the Site (even for a Free Trial), you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have grounds to suspect such information is untrue, inaccurate, not current, or incomplete, SKUBubble may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Take note, you are responsible for maintaining the confidentiality of the user ID and password with which you registered at this Site, and you are solely responsible for the activity that occurs on your account, whether authorized by you or not (aka even involving Third Parties), and you must keep your account information secure.

SKUBubble can’t and will not be liable for any loss or damage arising from any unauthorized use of your account. Do contact us immediately if you feel your account has been compromised.

General Rules of Conduct

You acknowledge and agree that:

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by SKUBubble in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding SKUBubble or SKUBubble’s Services.
  4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by SKUBubble.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You will not access SKUBubble Content (as defined below) or User Content through any technology or means other than through this Site itself, or as SKUBubble may designate.
  7. You agree to back-up all of your User Content so you can access and use it when needed. SKUBubble does not warrant it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  8. You will not re-sell or provide the Services for a commercial purpose, including any of SKUBubble’s related technologies, without SKUBubble’s express prior written consent.
  9. You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any SKUBubble Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the SKUBubble Content or the User Content therein.
  10. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  11. You are aware that SKUBubble may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether SKUBubble asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which SKUBubble is a party. Furthermore, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of SKUBubble that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from SKUBubble. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of SKUBubble that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from SKUBubble. Message and data rates may apply.
  12. Without limiting any of the rights set forth elsewhere in this Agreement, SKUBubble expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any SKUBubble policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by SKUBubble in its sole and absolute discretion).

User Content

Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).

All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to SKUBubble that

  1. You have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content,
  2. And the User Content doesn’t violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

Availability of Website/Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

Account Termination

SKUBubble generally does not pre-screen User Content. However, SKUBubble reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. SKUBubble may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by SKUBubble in its sole and absolute discretion), at any time and without prior notice.

SKUBubble may also terminate a User’s access to this Site or the Services found at this Site if SKUBubble has reason to believe the User is a repeat offender. If SKUBubble terminates your access to this Site or the Services found at this Site, SKUBubble may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

End of Life Policy

SKUBubble reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although we make great effort to maximize the lifespan of all our Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by SKUBubble, in any way, effective on the EOL date.

SKUBubble will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

We’ll do our best to notify you about a Service nearing EOL.

Third Party Involvement

All transactions using SKUBubble’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services.

However, SKUBubble isn’t an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third-party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content.

SKUBubble shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third-party. You are solely responsible for investigating before proceeding with any online or offline transaction with any third party. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we disclaim all liability.

Payment Policy

The fees applicable for SKUBubble have been stated.

Unless specifically agreed upon in writing between User and SKUBubble at the commencement of a subscription term, at the conclusion of any service term, whether monthly, yearly, or otherwise, SKUBubble has permission to automatically renew the service for the same term and will charge the user’s credit card or PayPal account on the first day of the renewal term.

Payments for all single-seat accounts are due within 30 days of billing date. The last day of the 14-day trial signifies the due date of first payment.

If payment is not received by the end of the given 30-day time period, user’s account will be frozen and inaccessible until all outstanding payments have been processed by SKUBubble. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, the user’s account will be deactivated and all data will no longer be retrievable.

SKUBubble reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Reservation of Rights

SKUBubble expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by SKUBubble in its sole and absolute discretion), including but not limited to the following:

  1. To correct mistakes made by the Site in offering or delivering any Services,
  2. To protect the integrity and stability of, and correct mistakes made by, any third party,
  3. For assisting with our fraud and abuse detection and prevention efforts,
  4. To comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations,
  5. To comply with requests of law enforcement, including subpoena requests,
  6. For complying with any dispute resolution process,
  7. To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

SKUBubble expressly reserves the right to terminate, without notice to you, any and all Services where, in SKUBubble’s sole discretion, you are harassing or threatening SKUBubble and/or any of SKUBubble’s employees.

SKUBubble Content

The content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Site Content”), are owned by or licensed to SKUBubble in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.

Site Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent from SKUBubble.

No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. SKUBubble reserves all rights not expressly granted in and to the Site Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

Refunds and Cancelations

If you have a question while canceling your account or when asking for a refund, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse cancelations.

Third-Party Links

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by SKUBubble.

SKUBubble assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, SKUBubble does not censor or edit the content of any third-party websites.

SKUBubble is expressly released from any and all liability arising from your use of any third-party website.

Indemnity

You agree to protect, defend, indemnify and hold harmless SKUBubble and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by SKUBubble directly or indirectly arising from

  1. Your use of and access to this Site or the Services found at this Site;
  2. Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein;
  3. Your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Complying with Local Law

SKUBubble makes no representation or warranty the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.

Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

No Third-Party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

English Language Control and Prevail

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail.

Where the translated version is required to be provided to you and is to be considered binding by law:

  1. Both language versions shall have equal validity,
  2. Each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects,
  3. In the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

Contact Information

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

By Mail: Request must be sent to IT 2002, IT ZONE, RAMCHANDRAPURA INDUS. AREA, SITAPURA, JAIPUR, Rajasthan (India),

By E-Mail: [email protected]