Effective June 2013
Mobile Services Additional Terms
Bipper offers safety solutions for mobile phones, and standard-rated text messages are part of the Bipper Services. For example, text messages are sent when a location request is made and no internet connection is available, if the Safety Alarm is triggered, or when settings are synchronized between the phone and portal and no internet connection is available. Messaging and data rates may apply depending on the terms of your individual mobile service plan. Major supported U.S. carriers include AT&T, Sprint, T-Mobile, and Verizon Wireless.
You must be at least 13 years old to use the Bipper Services or Bipper Websites.
When you register for the Bipper Services, you will be given an opportunity to select the specific services you desire from our service offerings (for example bSafe Premium, MobileKids reports, MobileKids Follow Me, MobileKids SOS alarm, MobileKids I’m Here, MobileKids premium, BipperKids reports, BipperKids Usage Control, BipperKids Contact Control, BipperKids Time Control, BipperKids App Control, or BipperKids Location). Subject to the Mobile Services Additional Terms above, certain service offerings included in the Bipper Services may be used without charge from Bipper whereas other services will be offered at premium charges. If premium charges apply to the specific service offerings you have selected, the charges, payment interval and other payment related information associated with the selected service offerings will be disclosed to you at the time you register for the Bipper Services and choose your desired service offerings.
If you select services for which premium charges apply, you will be required to provide us with your iTunes/Apple ID and password, credit card or PayPal account information to enable Bipper to automatically (either monthly, annually or at other agreed upon intervals) charge your iTunes account, credit card or PayPal account the premium charges, if any, associated with the specific services you have selected. These charges will be applied to your iTunes account, credit card or PayPal account in advance of the period in which the services are to be provided or made available to you. So for example, if the service offerings you select have a monthly billing cycle, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable month for the entire month. If the service offerings you select have a yearly billing schedule, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable year for the entire year.
You agree to maintain the accuracy, completeness and effectiveness of your billing information (including without limitation ensuring an active iTunes account, credit card or PayPal account with sufficient credit to make payments of all amounts due is authorized and included in the billing information) and to immediately make appropriate changes to your account upon any changes to such iTunes account, credit card, PayPal account or other billing information. Should you fail to do so, Bipper shall have the right to immediately terminate or cancel your access to the Bipper Services without notice to you and shall have no liability to you or any third party for doing so.
Bipper is committed to making all rates and charges visible and predictable to you. You acknowledge and accept however, that Bipper may change the charges associated with your use of the Bipper Services and that, dependent on your mobile service plan, your mobile network service provider may charge you additional fees for the use of the Bipper Services.
Links to Third Party Sites
Use of the Bipper Services
The Bipper Services may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Bipper, other users of the Bipper Services, or the public at large (collectively, "Communication Services".) You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Bipper Services. You agree that you shall NOT:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Locate another user through our location services without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate through our location services
- Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters.
- Use the Bipper Services or the Communication Services for any purpose other than personal safety purposes. The Bipper Services may not be sold, rented or otherwise commercialized with third parties.
- Register for more than one account or register for an account on behalf of an individual other than yourself or your child.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Bipper Services.
- Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the Bipper Services.
- Copy any ideas, features, functions or graphics included in or related to the Bipper Services.
Bipper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bipper's sole discretion.
Bipper takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Bipper makes no representations or warranties as to the interoperability of the Bipper Services with any network or servers. You acknowledge that Bipper shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Bipper Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Bipper Services.
You acknowledge and recognize that the Bipper Services is a self-help service provided through applications, mobile networks, and the internet, and that Bipper does not always control or endorse the involvement of its users in the Bipper Services, including who is a user, administrator or co-administrator and, therefore, Bipper specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Bipper Services users are not authorized Bipper spokespersons, and their views do not necessarily reflect those of Bipper.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Content Provided to Bipper on or through the Bipper Services
Bipper does not claim ownership of the materials you provide to Bipper or post, upload, input or submit to the Bipper Services (including pictures, personal details, feedback and suggestions) (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bipper, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your Submission in connection with the operation of Bipper’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be to you paid with respect to the use of your Submission, as provided herein. Bipper is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bipper's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to Bipper the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless Bipper and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or Bipper’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.
Copyright and Intellectual Property Policy
Notice of Copyright or Intellectual Property Infringement. We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Bipper Services has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).
To be effective the notification must include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Bipper to locate the material on the Bipper Services;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Bipper Services without liability. Counter-Notice by Accused User. If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.
That written communication must include the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the Federal District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as Bipper’s agent for receipt of notifications of claimed infringement:
470 Ramona Street
Palo Alto, CA 94301
Repeat Infringers. Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Disclaimers and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIPPER SERVICES AND BIPPER WEBSITES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. BIPPER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BIPPER SERVICES AND BIPPER WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BIPPER SERVICES AND BIPPER WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT BIPPER SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT BIPPER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BIPPER SERVICES AND ON THE BIPPER WEBSITES AT ANY TIME WITHOUT NOICE OR LIABILITY TO YOU.
INFORMATION YOU MAY RECEIVE VIA THE BIPPER SERVICES OR BIPPER WEBSITES MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE BIPPER SERVICES ARE PROVIDED TO HELP WITH PERSONAL SAFETY, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK HELP WHEN IT IS NEEDED. BIPPER CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.
BIPPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE BIPPER SERVICES OR THE BIPPER WEBSITES FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE BIPPER SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIPPER AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO BIPPER IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLIAM, OR (ii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BIPPER SERVICES, WITH THE DELAY OR INABILITY TO USE THE BIPPER SERVICES, BIPPER WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BIPPER SERVICES OR BIPPER WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE BIPPER SERVICES OR BIPPER WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BIPPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. To the extent Bipper may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Bipper’s liability will be the minimum permitted under such law.
Bipper reserves the right, in its sole discretion, to terminate your access to the Bipper Services and Bipper Websites and the related services or any portion thereof at any time, without notice.
Copyright and Trademark Notices
Other than Submissions belonging to users, we own or license the content on the Bipper Services and Bipper Websites, including software, text, visual and audio content (referred to together as "Content") and Bipper’s trademarks, logos, and brand elements (referred to as "Marks"). The Content and Marks are protected under U.S. and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.