Terms of Use

Agreement to Terms of Use.

By creating a "Fubuki" account, whether on a mobile device, mobile application, or computer (collectively, the "Service"), you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, our Cookie Policy, each incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products, or services we offer on the Service (collectively, this "Agreement"). If you do not accept all the terms of this Agreement and refuse to be bound by them, please do not use the Service.

We may modify this Agreement and the Service at any time. We may do so for various reasons, including to reflect changes in the law or legal requirements, new features, or changes in business practices. The most recent version of this Agreement will be posted in the dedicated section of the application, and we suggest you regularly consult the most recent version. The most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of such changes by reasonable means, which may include notifications through the Service or via email. Use of the Service after the changes take effect constitutes acceptance of the revised Agreement.

Your Account.

To use "Fubuki", you can log in using your Facebook or Google credentials. If you do so, you authorize us to access and use certain information from your Facebook or Google account, including your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of the login credentials you use to sign up for "Fubuki", and you are solely responsible for all activities occurring under those credentials. If you believe someone has accessed your account, please contact us immediately via the dedicated section in our application.

Modification of Service and Termination.

"Fubuki" strives to continuously improve the Service and bring you additional features that you will find interesting and useful. This means that we may add new product features or enhancements at any time, and we may also remove certain features. In the event that such actions do not materially affect your rights or obligations, we may not notify you before implementing them. We may even suspend the Service entirely, in which case we will notify you in advance unless mitigating circumstances, such as safety or security issues, prevent us from doing so.

To terminate your account, please contact us. However, if you use a third-party payment account, you will need to manage in-app purchases via said account (iTunes, Google Play, etc.) to avoid any additional billing. "Fubuki" may close your account at any time and without notice if we believe that you have violated this Agreement. Upon such termination, you will not be entitled to any refund of your purchases. Upon termination of your account, this Agreement will terminate, except for the following provisions which will continue to apply to you and "Fubuki": sections 4, 5, and 12 through 19.

Rights "Fubuki" grants you.

The "Fubuki" application grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. The sole purpose of this license is to enable you to use and enjoy the benefits of the "Fubuki" application as authorized by this Agreement. Therefore, you agree to refrain from:

• using the Service or any content of the Service for any commercial purposes without our written consent;
• copying, modifying, transmitting, creating any derivative work from, using, or reproducing in any way any copyrighted material, image, trademark, trade name, service mark, or other intellectual property, content, or proprietary information accessible through the Service without "Fubuki's" prior written consent;
• expressing or implying that any of your statements are endorsed by "Fubuki";
• using any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
• using the Service in any way that could interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service;
• uploading viruses or other malicious code or otherwise compromising the security of the Service;
• forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted on or through the Service;
• copying or reproducing any part of the Service without "Fubuki's" prior written authorization;
• using meta tags, code, or other devices containing any reference to the "Fubuki" application or the Service (or any trademark, trade name, service mark, logo, or slogan of "Fubuki") to direct any person to another website for any purpose;
• modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Service, or causing others to do so;
• using or developing any applications that interact with the Service or the Content or information of other members without our written consent;
• using, accessing, or publishing the "Fubuki" application programming interface without our written consent;
• probing, scanning, or testing the vulnerability of our Service or any system or network;
• encouraging or promoting any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including the termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

Rights you grant "Fubuki".

By creating an account, you grant "Fubuki" a worldwide, transferable, sublicensable, royalty-free license and right to host, store, use, copy, display, reproduce, adapt, modify, publish, and distribute any information you authorize us to access from Facebook, as well as any information you post, upload, display, or make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). "Fubuki's" license to your Content is non-exclusive, except for derivative works created through the use of the Service, for which "Fubuki's" license will be exclusive.

For example, in the case of screenshots of the Service including your Content, "Fubuki's" license will be exclusive. Additionally, so that "Fubuki" can prevent the use of your Content outside of the Service, you authorize "Fubuki" to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties.

Our license to your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent your Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and for researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other "Fubuki" members).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you have the right to post the Content on the Service and grant the above license to "Fubuki".

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or abusive, we reserve the right to immediately terminate your account.

In consideration for "Fubuki" allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to "Fubuki" regarding our Services, you agree that "Fubuki" may use and share such feedback for any purpose without compensating you.

Please note that "Fubuki" may access, preserve, and disclose your account information and Content if required to do so by law, by this Agreement, or if we believe in good faith that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company or any other person.

Community Rules.

By using the Service, you agree to refrain from:

• using the Service for any purpose that is illegal or prohibited by this Agreement;
• using the Service for any harmful or nefarious purpose;
• using the Service in order to damage "Fubuki";
• soliciting passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminating another person's personal information without his or her permission;
• using another member's account, sharing an account with another member, or maintaining more than one account;
• creating another account if we have already terminated your account, unless you have our permission.

"Fubuki" reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service, or behaved in a way that "Fubuki" regards as inappropriate or unlawful, including actions or communications that occur off the Service.

Content of Other Members

Although "Fubuki" reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and "Fubuki" cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it by contacting us.

Purchases

General

From time to time, "Fubuki" may offer products and services for purchase ("in-app purchases") through iTunes, Google Play, carrier billing, "Fubuki" direct billing, or other payment platforms authorized by "Fubuki". If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in-app purchase at the prices displayed for the service(s) you have selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize "Fubuki" or the third-party account, as applicable, to charge you. If you purchase an auto-renewing periodic subscription through an in-app purchase, your Payment Method will be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

Auto-Renewal - Automatic Card Payment

Subscriptions are automatically renewed until you terminate or cancel them. When you subscribe, your payment method will be charged monthly within 24 hours prior to the initial purchase date, at the price you agreed to at the initial subscription. Your credit card information will be stored and used subsequently for automatic card payments in accordance with this Agreement.

If you wish to object to a payment already made, please contact us if you were billed directly by "Fubuki", or the relevant third-party payment account, such as iTunes. You may also object by contacting your bank or payment provider, who can provide you with further information on your rights as well as applicable time limits.

You may unconditionally object to automatic credit card payments at any time by going to the settings of the "Fubuki" application or the third-party payment account, but note that you are still obligated to pay any outstanding amounts.

To change or terminate your subscription, you will need to log in to your third-party account (or go to your "Fubuki" account settings) and follow the instructions to terminate or cancel your subscription, even if you have deleted your "Fubuki" account or deleted the "Fubuki" application from your device. Deleting your "Fubuki" account or deleting the "Fubuki" application from your device does not terminate or cancel your subscription. "Fubuki" will retain all funds charged to your Payment Method until you terminate or cancel your subscription on "Fubuki" or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay "Fubuki" directly with your Payment Method.

If you pay "Fubuki" directly, "Fubuki" may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, "Fubuki" may terminate your account immediately in its sole discretion.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.

Refunds

Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

Subscribers residing in the EU or European Economic Area, in accordance with local law, are entitled to a full refund for 14 days after the subscription begins without specifying the reason. Please note that this 14-day period commences when the subscription starts.

To request a refund, please contact our customer service via the dedicated section in your application settings.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not "Fubuki". To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report a Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through "Fubuki" directly: please contact us with your Google Play Store order number (you can find the order number in the order confirmation email or by logging in to Google Wallet) or your "Fubuki" order number (you can find this number in your confirmation email).

If you use your right of withdrawal (except for purchases made through your Apple ID, which is controlled by Apple), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date we received notice of your decision to withdraw from the Agreement. We will make such refund using the same means of payment as used by you in the initial transaction. In any event, no fees will be charged to you as a result of the refund.

You cannot cancel an order for digital content that is not delivered on a physical medium if the order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, for example, to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

Disclaimer

"FUBUKI" PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. "FUBUKI" DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

"FUBUKI" TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. "Fubuki" is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. "Fubuki" is not responsible or liable for such third parties' terms or actions.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL "FUBUKI", ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF "FUBUKI" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL "FUBUKI'S" AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO "FUBUKI" FOR THE SERVICE AND USD 100 WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Entire Agreement; Other.

This Agreement, along with the Privacy Policy, the Cookie Policy, and any terms disclosed to and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and "Fubuki" regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your "Fubuki" account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind "Fubuki" in any manner.