Terms & Conditions

These terms of use (“Terms of Use”) are a legal agreement between you and Burb, Inc. (“Burb,” “we,” “us,” or “our”). These Terms of Use govern your use of our website, located at https://burb.co/ (the “Website”) and the services made available through our online platform (the “Platform,” and together with the Website, the “Services”). By accepting the Terms of Use, accessing or using the Services, or otherwise manifesting your assent to these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to (or cannot comply with) all of the terms of this Agreement, you may not access or use the Services.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. OUR SERVICES AND OUR USERS

Our Services have several types of users:

a. Visitors. Visitors to our Website, as the term implies, are people who do not register for an Account, but want to explore the Website for informational purposes. No login is required for visitors to the Website. Visitors can access all publicly-available content and features of the Website, and can contact us with questions about the Services.

b. Registered Users and Accounts. In order to become a registered user (“Registered User”) to access the Platform, you must establish an account with us (“Account”). Burb is under no obligation to accept any individual or entity as an Account holder, and may accept or reject any registration in our sole and complete discretion.

To create an account, you will be prompted to create a user name (“User Name”) and a password (“Password”), and you may be required to provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your Account, you must provide true, accurate, current, and complete information. Each User Name and corresponding Password can be used by only one individual. You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using your login information. You will promptly inform us of any need to deactivate a Password or User Name or change any Unique Identifier. We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. We will not be liable for any loss or damage caused by any unauthorized use of your account.

2. CONNECTED APPLICATIONS

Our Platform sits on top of various applications, and to use our Platform in connection with such applications, you need to be a registered user of such applications (“Connected Applications”). Your registration with any Connected Application is separate from your registration and Account on our Platform and is subject to that Connected Application’s terms of use and privacy policy. If you are no longer permitted to use the services of a Connected Application or a Connected Application no longer provides its services, our Platform will no longer connect to that Connected Application. We are not responsible for any acts or omissions of any Connected Application when you use their services, or for the deletion of any of your information or data on the Connected Application if we disconnect from the Connected Application.

3. INTELLECTUAL PROPERTY

The Services contain material, such as software, text, graphics, images, sound recordings, and other material provided by or on behalf of Burb or made available through a Connected Application (collectively referred to as the “Content”). The Services and Content may be owned by us or third parties, including Connected Applications. The Services and Content are protected under both United States and foreign laws. Unauthorized use of the Services or Content may violate copyright, trademark, and other laws.

You may access and use the Services and view all Content for your own personal, non-commercial use, and no other use is permitted without the prior written consent of Burb. Burb and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Services and Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Services or Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose. We reserve the right to remove Content from our Services at any time for any reason without any notice to you.

If you violate any part of this Agreement, your permission to access the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Burb (the “Burb Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Burb. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Burb Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Burb Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

4. COMMUNITY GUIDELINES

Burb’s community, like any community, functions best when its users follow a few simple rules. By accessing the Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• You are 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian;
• You will not upload, post, e-mail, transmit, or otherwise make available any User Content (defined below) that:
• o infringe any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
• o are defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
• o disclose any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
• You will not access or use the Services to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
• You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
• You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Services;
• You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express, written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.

If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We have the right, but not the obligation, at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of the license, and reversion to Burb of the rights, granted to you hereunder