1. ACCEPTANCE OF TERMS. DEFINITIONSThese Terms of Use ("Terms") govern your relationship with BUBULEARN CO ("Bubulearn," "we," "us," "our," or "Company"), with an address of 2500 PARKVIEW DR, HALLANDALE BEACH, FL. US 33009, regarding your use of BUBULEARN CO's games and applications ("Application"), websites and related services ("Service"), including all information, text, graphics, software, and services available for your use.
The informational material available through the Application ("Content") is distributed by BUBULEARN CO. The Application, together with the informational materials, tools, transactions, and other services available through use of the Application, are collectively referred to as the "Service."
PLEASE READ THESE TERMS OF USE ("Terms") BEFORE USING THE SERVICE. THESE ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICE. DO NOT SUBSCRIBE, REGISTER, OR USE THE SERVICE IF YOU DO NOT AGREE TO THE TERMS.
Your access and use of the Service constitutes your agreement to these Terms, which establish a legally binding contractual relationship between you and the Company. By using this website and the services offered through it, downloading any software or browsing the website, as well as downloading any mobile games of BUBULEARN CO from app stores, you accept the following Terms of Use. BUBULEARN CO may change these Terms at any time, and the changed Terms will be effective when published on this website.
Be sure to review the most current Terms of Use to ensure that you are aware of all terms governing your use of this website and BUBULEARN CO games.
The Company reserves the right to make changes or update the informational materials of the website and its games or format at any time and without any notice. We reserve the right to terminate or restrict access to the website for any reason at our sole discretion. You must be a parent, legal guardian, or an authorized school official under the FERPA or other applicable laws to use the Service on behalf of a child. By giving your consent, you agree to comply with these Terms in relation to the child's use of the Service.
Be sure to also review our Privacy Policy at:
https://bubulearn.com/privacy--policyThe terms of the Privacy Policy and any additional terms, policies or documents that may be posted in relation to the Service from time to time are expressly incorporated into this Agreement by reference. We reserve the right, at our sole discretion, to change or amend these Terms at any time and for any reason.
The Terms contain important provisions regarding Disclaimer of Warranties (Section 2), Disclaimer of Warranties (Section 8), Limitation of Liability (Section 9), as well as provisions by which you waive your right to a jury trial, waive your right to a court trial, and waive your right to participate in class action suits (waiver of arbitration and class action suits). Except as provided in Section 12, in which case you must stop using the Service within 7 days of your first use of the Service, arbitration is the exclusive means of resolving any dispute and is mandatory for all disputes, except as provided below in Section 12.
If you are a parent or guardian, and you consent to the registration of your child in the Service, you agree to comply with these terms in relation to their use of the Service.
If you DO NOT agree to ALL of these Terms of Use, or if you are not authorized or do not have the authority to comply with these terms, please DO NOT use the Service and/or download our applications.
Other Definitions: "Account Owner" - a parent, legal guardian or authorized school official who created an account in the relevant app store and registered a Profile (as defined below) on behalf of a child in the Application.
2. IMPORTANT DISCLAIMERIn addition to all other limitations and disclaimers in these Terms, the Company disclaims any liability for any loss that you may incur in connection with the content provided on the Service.
3. PROFILE REGISTRATION3.1. To use certain features of the Service, you may be required to register your profile/your child's profile in the App ("Profile") and provide certain information about yourself or your child in accordance with the registration form.
3.2. If you register a Profile, you represent and warrant to the Company that: (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your registration of the Profile and use of the Service does not violate any applicable laws or regulations or these Terms. Otherwise, the Service may not function properly, and we may not be able to contact you to send important notifications.
3.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have permission and be under the direct supervision of their parents or legal guardians to use the Service. If you are a minor, before using the Service, you must ensure that your parent or guardian has read and accepted these Terms. Account owners may only register their own child(ren). Account owners acknowledge that they, as parents or legal guardians, agree to the use of the Service by any child user associated with their account and that they have read and accepted these Terms, are fully capable and authorized to accept the Terms, commitments, representations, statements, and warranties set forth herein. Account owners agree to comply with and perform these Terms.
3.4. The Company reserves the right to suspend or terminate the operation of the Profile or your access to the Service, with or without notice, in the event of your breach of these Terms.
3.5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur in connection with the Profile. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of the Profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.6. By using the Service, you agree to receive certain communications, such as application update messages or notifications within the application. You may opt-out of unwanted messages by changing notification settings on your device.
4. SERVICE4.1. The Application or Service is a software product that represents a complex of educational speech development games for children aged 3 to 7 years old. The Service is available in App Stores.
4.2. You acknowledge that all texts, images, videos, signs, logos, data, summaries (meaning collected, arranged and collated data), software, materials, and other content displayed on the Service or used by the Company to operate the Service (including the App and Content, but excluding any User Content as defined below) belong to the Company or third parties.
4.3. The Company explicitly reserves all rights, including all intellectual property rights, in all of the foregoing, and (except as explicitly permitted by these Terms) any use, distribution, sale, decompilation, reverse reproduction, disassembly, translation or other exploitation of such is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
4.4. The information that you provide us during your registration remains your intellectual property, and the Company does not claim ownership of any copyright or other proprietary rights in such registration information. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration information and use it as reasonably necessary for the operation or related to the operation of the Service, and as described in these Terms and the Privacy Policy:
https://ru.bubulearn.com/privacy_policy4.5. Subject to compliance with these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Service solely for personal, non-commercial purposes and (ii) install and use the Application solely on your own portable mobile device (e.g., iPhone, Android device, etc., as applicable) and solely for personal, non-commercial purposes.
4.6. You agree, and represent and warrant, that your use of the Service, or any part thereof, will comply with the foregoing license, contractual obligations, restrictions and shall not infringe or violate the rights of any other party or breach any contract or legal obligation owed to any other parties. Furthermore, you agree that you will comply with all applicable laws, rules and regulations relating to the Service or your use thereof, and that you will be solely responsible for your own individual violations of any such laws.
4.7. You are solely responsible for obtaining and maintaining all equipment and telecommunications services necessary to access the Service, and for all associated charges (e.g., charges associated with computing devices and internet service provider, as well as charges for available talk time on the phone).
4.8. We reserve the right to make any changes to the Service (both free and paid) at any time, with or without notice. You acknowledge that various actions taken by the Company may hinder or restrict your access to the Service at any time and/or in any way, for a limited period of time or on a permanent basis, and agree that the Company is not responsible or liable for any such actions or results, including but not limited to, the deletion or inability to provide you with any content or services.
4.9. You access and use the Service at your own risk. The Company is not responsible for any damage to your computer system, loss of data or other losses incurred by you or any third party, including without limitation any bodily injury resulting from your access to or use of the Service, or your reliance on any information or advice.
4.10. The Company has no obligation to provide you with customer support in any form, but may, at its sole discretion, provide such support in certain cases.
4.11 YOU WILL NOT ADD ANY SPECIAL CATEGORIES OF DATA, AND IF YOU ADD ANY SPECIAL CATEGORIES OF DATA, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED CLEAR AND EXPRESS CONSENT TO DO SO, IF AND AS REQUIRED BY APPLICABLE LAW, AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY SUCH DATA, INCLUDING IN THE EVENT OF ANY DATA BREACH BY BUBULEARN CO. FOR THE PURPOSES OF THIS PROVISION, THE TERM "DATA" IS USED AS DEFINED IN THE GENERAL DATA PROTECTION REGULATION (GDPR OR REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA, AND REPEALING DIRECTIVE 95/46/EC).
5. APP STORES, OTHER USERS5.1. You acknowledge and agree that the availability of the Application is dependent on a third party, from whom you received the Application, such as the Apple iTunes App Store and/or any other app store (collectively, “App Stores,” each an “App Store”).
5.2. You agree to pay all fees charged by the App Stores and other payment systems in relation to the Application. You agree to comply with and your license to use the Application is conditioned upon your compliance with all applicable agreements, terms of use/service and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
5.3. You hereby release us, our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any interaction with App Stores or other users of the Service.
6. COST, PAYMENT, AND SUBSCRIPTION CANCELLATION6.1. The currency of payment for the Service or the Application is the Russian ruble.
6.1.1. Logomir LLC is a payment agent for Bubulearn CO under Agency Agreement No. 1010 and receives payment funds from third parties in accordance with the agreement.
6.2. The Application can be downloaded for free. However, some features of the Service are offered by subscription for a separate fee. You agree to pay applicable fees (and any related taxes) in the App Store or through other payment methods as they become due.
A paid subscription (hereinafter - Subscription) provides the User with the opportunity to access the advanced functionality of the Application, subject to the terms of this Agreement and the requirements of applicable law.
6.3. The cost of the Subscription is set by the Company in Russian rubles and is posted in the corresponding section of the Application. The Application can be downloaded for free. However, some features of the Service are offered by subscription for a separate fee. You agree to pay applicable fees (and any related taxes) in the App Store or through other payment methods as they become due.
The Service may provide discounts on subscriptions, in which case the cost of the subscription will be calculated as the base cost of the subscription minus the discount.
6.4. The Subscription period is calculated in calendar days and is 3 or 12 calendar months depending on the User's choice. The subscription will be automatically renewed (payment of the cost of a new subscription) at the end of the validity period of the previous subscription under the same terms that applied to the expired subscription. Funds will be automatically debited on the expiration date of the current Subscription. The renewal period will be the same as the period of your initial subscription, unless you have been provided with other information regarding the Service. The cost of renewal will not exceed the cost of the subscription for the period immediately preceding the renewal, except for any specially established prices and discounts, unless we notify you of a change in cost prior to your automatic renewal. You must cancel your subscription in accordance with the cancellation procedure provided to you for the particular subscription. We do not refund any fees that might have been charged to your account and do not prorate fees for cancelled subscriptions.
6.5 Subscription options:
- Full access to all games for 3 months
- activated from the day of payment 745 rubles,
- Subscription start day is the day of payment of 745 roubles, at the end of the period subscription will be extended automatically.
- Full access to all games for 12 months
- is activated on the day of payment 1990 rubles,
- subscription start day, consider the day of payment made in 1990 rubles, at the end of the period subscription will be extended automatically.
6.6 To cancel all subscriptions, use the App Store features provided by Apple (if you use iOS) or GooglePlay (if you use Android). Cancellation rules for Tinkoff (for all OS):
- Follow the link in the email notifications about the charge-off
- Enter the first 6 digits and the last 4 digits of the card, the expiration date of the card and the amount shown on the receipt.
- After entering the data, you will be redirected to a page where you can manage your existing subscriptions or change your means of payment (card).
6.7 To the extent permitted by applicable law, we may change the cost of a subscription at any time. We will give you advance notice of any such price changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not wish to pay the new price, you may cancel your existing subscription before the changes take effect.
6.8 You authorize the App Stores or other payment acceptance systems to charge the applicable fees for the payment card you provide.
6.9 By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. If you do not cancel your subscription, you authorize the App Stores and other payment acceptance systems to charge you a renewal fee. The auto-renewal period will be the same as your original subscription period, unless you are provided different information about the Service. Renewal fees will not exceed the cost of your subscription for the period immediately preceding the renewal, except for any specifically set prices and discounts, unless we notify you of the change in price prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedure specified to you for that particular subscription. We do not refund any fees that may have accrued to your account and we do not prorate fees for cancelled subscriptions.
6.10. The Service and your rights to use it expire at the end of your paid subscription period. If you fail to pay fees or charges due, we may take appropriate action to notify you and resolve the problem; however, we reserve the right to disable or terminate your access to the Service, and may do so without notice.
6.11. Subscriptions purchased from the App Store are subject to such App Store's refund policy. As such, we cannot provide refunds, and if you believe that you qualify for a refund, you should contact the support team for that App Store.
6.12. For subscriptions paid for in-app purchases via other payment methods, we may provide a refund when requested within one calendar day of the chargeback date. To do this, please contact Logopotam application support service from the application or by e-mail to
info@bubulearn.com. In your request, please specify the reason for refund and the email address to which the receipt was sent when you paid for the subscription.
6.13. Payment by other payment methods means processing operations on the side of the processing center/bank. BUBULEARN CO and LOGOMIR LLC do not store card data and other payment details of users. The processing center/bank may store a shortened version of the stored credentials (e.g. the last four digits of a credit card) for future transactions (subscription renewal).
7. USER STATEMENTS AND RESTRICTIONS.
7.1 By using this Service, you represent and warrant that:
7.1.1 You have the legal capacity and agree to abide by these Terms, in particular paragraphs 1.3 and 1.7 of these Terms;
7.1.2. You are at least 16 years old;
7.1.3 You will not access the Service by any automated or non-human means, whether through a bot, script or otherwise;
7.1.4 You will not use the Service for any illegal or unauthorized purposes;
7.1.5 You are responsible for any use of your credit card or other payment instrument (such as PayPal);
7.1.6 You are not a convicted sex offender;
7.1.7 Your use of the Service will not violate any applicable laws or regulations.
7.2 If you provide any information that is false, inaccurate, outdated or incomplete, we have the right to refuse any possible current or future use of the Service (or any part thereof).
7.3 You may not access or use the Service for any purpose other than those for which we provide the Service. You may not use the Service in connection with any business other than those expressly approved or endorsed by us.
7.4 As a user of the Service, you agree not to do the following:
7.4.1 Systematically extract data or other content from the Service to create or compile, directly or indirectly, an aggregate, summary, database or directory without written permission from us;
7.4.2 Use the Service in any unauthorized manner;
7.4.3 Create any modifications, adaptations, enhancements, additions, translations, or derivative works using the Service;
7.4.4. Use the Service for any gainful activity, business venture or other purpose not intended or designed for it;
7.4.5 Make the Service available through a network or other medium that permits access or use by multiple devices or users simultaneously;
7.4.6 Use the Service to create a product, service, or software that directly or indirectly competes with or in any way replaces the Service;
7.4.7 Use any proprietary information or any of our interfaces or other intellectual property in the design, development, production, licensing or distribution of any applications, accessories or devices for use with the Service;
7.4.8. Bypass, disable or otherwise interfere with security-related features of the Service;
7.4.9 Engage in unauthorized creation or linking with the Service;
7.4.10. Interfere with, disrupt or overburden the Service or the networks or services connected to the Service;
7.4.11. Decrypt, decompile, disassemble, or reverse-engineer any software containing or in any way making up any part of the Service;
7.4.12. Attempt to circumvent any measures of the Service aimed at preventing or limiting access to the Service or any part of the Service;
7.4.13. Upload or distribute in any way files that contain viruses, worms, Trojan horses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
7.4.14. Use, run, develop or distribute any automated system, including, without limitation, any "spider" (global Web search software), robot, cheating utility, scraper or standalone reader that accesses the Service, or use or run any unauthorized script or other software;
7.4.15. Use the Service to send automated requests to any website or to send any unsolicited commercial emails;
7.4.16. Disadvantage, defame, or otherwise harm us and/or the Service in our opinion;
7.4.17. Use the Service in a manner inconsistent with any applicable laws or regulations;
7.4.18. Otherwise violate these Terms.
8. DISCLAIMER OF WARRANTIES.
The Application, Content, and other components of the Service are provided "as is" and "as available" and without any representations or warranties, express or implied, including, but not limited to, implied warranties of title, non-infringement of intellectual property rights, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of dealing or usage of trade, all of which are expressly disclaimed. Company and its affiliates, licensors and suppliers do not guarantee the following: (i) that the Service, Content or other information will be timely, accurate, reliable or correct; (ii) that the Service will be secure or available at any time or place; (iii) that any defects or errors will be corrected; (iv) that the Service will be free of viruses or other harmful components; or (iv) that any particular result or outcome may be achieved.
9. LIMITATION OF LIABILITY.
9.1 In no event will we (and our affiliates) be liable to you or any third party for any lost profits or any indirect, incidental, special or punitive damages arising out of these terms or your use or inability to use the Service (including the App or Content) or third party advertisements, even if we have been advised of the possibility of such damages. Access to and use of the Service (including the Application, Content and User Content) and Third Party Ads are at your sole discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting therefrom.
9.2 Notwithstanding anything to the contrary contained herein, you agree that Company's aggregate liability to you for any potential claims arising out of your use of the Application, Content or Service is limited to the amounts you paid to Company for your access to and use of the Service. The limitations on damages set forth above are the fundamental elements of the terms and conditions between the company and you.
9.3 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary by jurisdiction.
10. INDEMNIFICATION AND EXEMPTION FROM LIABILITY.
You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates or related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each such entity or persons, from and against any legal action or suit brought by any third party relating to or arising out of (i) your use of the Service, (ii) your User Content or (iii) your violation of these Terms, and to indemnify the Company. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter in which you are obligated to indemnify us, and you agree to cooperate with our defense of such claim or proceeding. You agree not to settle any matter without the prior written consent of the Company. The Company will take appropriate steps to notify you of any such claim, suit or proceeding as soon as it becomes aware of it.
11. INTERNATIONAL USE.
The Company makes no representation that the Service is open for access, appropriate or legally available for use in your jurisdictions, you may not access or use the Service from territories where it would be illegal to do so. You access the Service on your own initiative and are responsible for complying with local laws.
12. BINDING BINDING ARBITRATION AND CLASS ACTION WAIVER12.1 Read this arbitration provision carefully to understand your rights. Except where prohibited by law, you agree that any claims you may have in the future will be settled by final and binding confidential arbitration. You hereby acknowledge and agree that you waive the right to a jury trial. Rights you would have had if you had gone to trial, such as the right to pretrial discovery or the right to appeal, may be more limited or may not exist.
12.2 You agree that you may only bring suit on your own behalf and not as a plaintiff (lead or otherwise) or class member in any proposed class action or representative action proceeding in which a person acting on behalf of a class is a party. You also agree that the arbitrator may not consolidate the proceedings or actions or otherwise direct any form of class or representative action proceeding in which the party is a person acting on behalf of a class.
12.3 You and the Company, and each of its respective agents, parents, subsidiaries, affiliates, predecessors, assignees and successors, agree to arbitration (except for matters that may be brought in small claims court) as the exclusive form of dispute resolution (except as provided below) for all disputes and claims arising from or relating to this Agreement, the Service or the Privacy Policy, unless you are on a jurisdictional
12.4 Arbitration is a more informal way of resolving disputes than litigation. Arbitration involves a neutral arbitrator instead of a judge or jury, which allows for more limited pretrial discovery than in court, and such proceedings are subject to very limited review by the courts. The arbitrator has the same authority as a court to award damages and restitution.
12.5 A party who intends to seek arbitration shall first give the other party written notice of its intent to arbitrate (a "Notice") by international courier with a tracking device or, in the absence of a postal address provided by you to us, by any other means available to us, including by email. The Notice to the Company shall be sent to the following address: 72 k. Marshala Kazakov St., St. Petersburg, 98335, Russian Federation. 1 p. 1, sq. 256 (where applicable, the "Address for Notice of Arbitration"). The Notice (i) sets forth the basis and nature of the claim or dispute and (ii) sets forth the specific content of the claim ("Claim"). If you and the Company do not reach agreement to resolve the Claim within 30 days after receiving the Notice, then you or we may commence arbitration as described below or file an individual action in small claims court.
12.6 These Terms shall be governed by the laws of the Russian Federation. Any legal action or claim based on equity of any nature by or against BUBULEARN CO or LOGOMIR LLC arising out of or related to these Terms and Conditions shall be heard only in the competent courts of the Russian Federation. In any action to enforce these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Any cause of action against BUBULEARN CO or LOGOMIR LLC must be asserted within one (1) year from the date such cause of action arose. In the event that any provision of these Terms and Conditions is held to be unenforceable, such provision shall be replaced by a provision that is enforceable and that most closely matches the original provision, and the remaining terms of these Terms and Conditions shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture or partnership relationship between you and BUBULEARN CO, or allows you to act on behalf of BUBULEARN CO. Except as may be expressly set forth in these Terms, these Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and any possible other agreements that exist between us with respect thereto are hereby superseded. You may not assign any of your rights referred to herein to any third party. BUBULEARN CO may assign any possible rights referred to herein to any third party.
12.7 You and the Company agree to abide by the following rules, which are designed to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or based solely on written submissions, the particular method to be chosen by the party initiating the arbitration; (ii) the arbitration will not require the personal appearance of the parties or witnesses, unless otherwise agreed in writing by the parties; and (iii) any adjudication shall be in writing.
12.8 To the fullest extent permitted by law, you and the Company agree that you and the Company may bring claims against the other party only on your or its own behalf and not as a plaintiff or class member in any proposed class action proceeding, representative action proceeding where a party is a person acting on behalf of a class or consolidated proceeding. In addition, you agree that the arbitrator may not consolidate proceedings involving more than one person or otherwise administer any form of class or representative action proceedings in which a person acting on behalf of a class is a party and that, if that particular provision is held to be unenforceable, that entire section on binding arbitration will be void and unenforceable.
12.9 The Arbitrator shall have the sole and exclusive right to resolve any dispute regarding the interpretation, interpretation, validity, applicability or enforceability of these Terms, the Privacy Policy and this arbitration provision. The arbitrator shall have the sole and exclusive right to determine whether the arbitration clause is enforceable against a person who is not a party to this agreement and whether a person who is not a party to these Terms is enforceable against you or us.
12.10. The foregoing provisions of this Section 12 shall not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, patents or other intellectual property. For the avoidance of doubt, you agree that in the event the Company or a third party violates these Terms, the damage or injury, if any, to you does not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be monetary damages, subject to the limitations of liability set forth in these Terms.
12.11. All claims you bring against the Company shall be settled in accordance with this Section. All claims asserted or asserted in violation of this Section shall be deemed improperly filed. If you file a claim contrary to this Section, the Company may recover attorneys' fees and costs, provided that the Company notifies you in writing of the improperly filed claim and you cannot promptly withdraw such claim.
12.12. If we make any material change to this arbitration provision (other than a change to our Arbitration Notice Address), you may reject any such change by giving us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case your Account and your license to use the Service will terminate immediately, and this Section, in effect immediately before your rejection, will remain in effect after the change.
12.13. You understand that without this rejection, you would have the right to litigate your case through a court, have a judge or jury decide your case, or participate in a class or representative action. However, you agree to waive such rights and to decide any claims individually and only through binding, final and confidential arbitration.
12.14. You have the right to waive this arbitration provision within thirty (30) days from the date of first use or attempted use of the Service by writing to
info@bubulearn.com or the arbitration notice address. In order for your opt-out to be effective, you must submit within thirty (30) days a signed written notice of opt-out containing sufficient detail about you for us to identify you. If more than thirty (30) days have passed, you may not waive this provision and you must submit your claim to binding arbitration as specified in this agreement.
13. GOVERNING LAW.
13.1 To the extent that any action relating to any dispute under this Agreement is permitted to be brought in court, such action shall be within the exclusive jurisdiction of the Russian Federation.
14. MISCELLANEOUS PROVISIONS14.1 No delay or omission by us in exercising any of our rights arising out of any failure or breach by you of your obligations under these Terms will impair any such right or be construed as a waiver thereof, nor will a waiver by the Company of any contractual obligation, condition or agreement to be performed by you be construed as a waiver of any subsequent breach thereof or of any other contractual obligation, condition or agreement
14.2 Subject to Section 12, if any provision of these Terms is held invalid or unenforceable, these Terms will remain in full force and effect and will be modified to be valid and enforceable, reflecting the parties' intentions to the fullest extent permitted by law.
14.3 Unless otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company with respect to its subject matter and supersede all prior stated intentions, agreements or representations, whether written or oral, with respect to such subject matter.
14.4 The Company may transfer or assign all of its possible rights and obligations under these Terms to any other person in any manner, including by novation, and by accepting these Terms, you consent to any such transfer or assignment by the Company. You acknowledge that posting on the Service of a version of these Terms that identifies another party as a party to the Terms constitutes valid notice of an assignment of the Company's rights and obligations under the Agreement (unless otherwise expressly stated).
14.5 All information transmitted within the Service is considered electronic communication. When you communicate with us through or within the Service or through other forms of electronic resources, such as email, you are communicating with us electronically. You agree that we may communicate with you electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on the button labeled "SEND", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are placing a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to abide by these Terms. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
14.6 In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure is caused by factors beyond the Company's proper control.
15. CONTRACT.
If you wish to send any notice under these Terms or if you have any questions regarding the Service, you may contact us at
info@bubulearn.com.
I HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.