Three Tablets Terms of Use

Last Modified: November 10, 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Three Tablets, LLC (“Three Tablets”, Company”, “we” or “us”). These Terms of Use, together with our Privacy Policy, Acceptable use Guidelines and Copyright Policy”> (collectively these “Terms”) govern your access to and use of our services, including the website located at babka.social, (“Babka Social”), and me.babka.net (Babka Me), and blog.babka.social(the “Blog”). These are collectively referred to as the “Products”).

By using the Products, or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms. Don’t use our service if you don’t agree to the terms of this agreement.

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Products thereafter. You agree to the changes if you continue to use any Product after revisions are posted.

Accessing the Products and Account Security

We reserve the right to withdraw or amend any Product, and to withdraw or limit or restrict access to them, in our sole discretion. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

As between you and us, the Products and their entire contents, features, and functionality are owned by the Company, and are protected by United States and international intellectual property laws.

User Contributions

The Products contains interactive features, including message boards, chat functionality and personal profiles (collectively, “Interactive Services”) that allow users to post, submit, publish, display and transmit information and content to other users (hereinafter, collectively referred to as “Posts”).

Please note that your Posts are going to be made available to other users, and may sometimes be made public for all to see.

For our protection, you hereby promise to us that you have the rights necessary to place all your Posts on the Products (e.g., you own the copyright, or have a valid right to post it to the Products, and that all of your Posts will comply with these Terms. You understand and acknowledge that you are responsible for any Posts you submit, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Posts posted by you or any other user of the Products.

All Posts must meet the requirements of our Community Guidelines.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any content for any or no reason in our sole discretion.

  • Take any action with respect to any Post in our sole discretion, including if we believe that such Post violates these Terms.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.

  • Terminate or suspend your access to all or part of the Products for any or no reason, including any violation of these Terms.</li>

    However, we do not undertake to review all material before it is posted on the Products, and assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

If you believe that any Post violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Products is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Products, or by anyone who may be informed of any of its contents.

The Products may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, ESPECIALLY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS, ANY CONTENT, INCLUDING POSTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PRODUCTS OR SUCH OTHER WEBSITES (INCLUDING POSTS), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU WAIVE AND HEREBY HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS OR LOSSES ARISING IN CONNECTION WITH INVESTIGATIONS THEY CONDUCT, OR CONDUCTED BY LAW ENFORCEMENT AUTHORITIES, OR OTHER USERS OF THE PRODUCTS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms or your use of the Products, including, but not limited to, your Posts, any use of the Products content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Products.

Governing Law and Jurisdiction

All matters relating to the Products and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York [in each case located in the City, County and State of New York City, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No Class Actions

THE PARTIES AGREE TO RESOLVE ANY DISPUTES BETWEEN THEM SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ACTONS OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE LITIGATION PROCEEDING. THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms of Use, Privacy Policy, Copyright Policy and Acceptable Use Policy constitute the sole and entire agreement between you and Three Tablets regarding the Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Products.

Your Comments and Concerns

The Products are operated by Three Tablets, LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein

All other feedback, comments, requests for technical support, and other communications relating to the Products should be directed to: [email protected]