BoobFairy Terms of Service

Effective Date: August 19, 2021

The information on BoobFairy website and in BoobFairy mobile apps is not intended or implied to be a substitute for professional medical advice, diagnosis or consultation.

Please read these Terms of Service carefully (“Terms”). These Terms govern and apply to your access and use of the electronic platform offered by BoobFairy Inc. BoobFairy services available through the BoobFairy website (“Website”) and BoobFairy mobile apps (“App”) (all hereinafter collectively, “BoobFairy” and the BoobFairy “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to access or use the Service. The terms “You”, “Your,” and “Yourself” refer to the individual user of the Service.

You hereby certify that you are (i) at least eighteen (18) years old or have the legal ability to consent to “Services” or have your Parent/Guardian consent to “Services,” and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Independent Contractors you access (“Independent Contractor(s)”) are relying upon this certification in order to interact with you and provide the Services.

1. Site Content

Other than the guidance and advice you receive directly to you from a licensed Independent Contractor, the other educational, graphics, research sources and other incidental information on BoobFairy (the “Content”), should not be considered medical advice. You should always talk to an appropriately qualified health care professional for consultation, diagnosis, and treatment, including information regarding which products or services may be appropriate for you. None of the Content represents or warrants that any particular product, service, or consultation is safe, appropriate, or effective for you. BoobFairy does not endorse any specific consultations, services, tests, medications, products, or procedures.

1.1 User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You expressly represent and warrant: (i) that all User Content provided by you is accurate, complete, and up-to-date; (ii) that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not violate or infringe on any third-party’s rights, including but not limited to privacy rights, rights of publicity, copyright, trademark, trade secret, patent and/or any other intellectual rights; (iii) that you own or have obtained from third parties the necessary licenses, rights, consents, and/or permissions to publish User Content that you submit and to grant us a worldwide, royalty free, perpetual, sublicensable, assignable, non-exclusive license in such User Content, as provided in Section 8(e) below; and (iv) that all User Content submitted by you complies with the Code of Conduct set forth in Section 9 below.

1.2 Notices and Restrictions

The Services, including but not limited to graphics, user interface, audio, video, editorial content, and the scripts, APIs, and software used to implement the Services contains Content specifically provided by us, our partners, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You acknowledge that your use of any Content, including but not limited to User Content, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss (financial, reputational, emotional, or otherwise) to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. We have no obligation or responsibility to furnish any maintenance and/or support services with respect to the Website or App.

1.3 Use License

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use (i.e., to download and display locally) Content (other than your own User Content) solely for purposes of using the Services for the user’s personal, non-commercial use, and only within the functionality of the Service. Use, reproduction, public performance, modification, reverse-engineering, distribution or storage of any Content (other than your own User Content) for any reason other than using the Services for personal, non-commercial use is expressly prohibited without prior written permission from us. You shall not sell, license, rent, distribute, or otherwise use or exploit any Content (e.g. harvest data) for commercial use or in any way that violates these Terms of Service or any third-party right. You acknowledge that the following uses and activities are prohibited and you agree not to use our Services:
i) for conducting any illegal activities,
ii) to attempt to obtain unauthorized access to our systems or data or security infrastructure (commonly referred to as “hacking into” our systems or infrastructure)
iii) to alter or modify our Website or Apps
iv) to transfer or immoral, illegal, or potentially damaging materials or User Content
v) to use our Website or Apps to violate a third party’s copyrights, terms, or privacy
vi) to copy or transfer any of BoobFairy’s intellectual property without our express, written permission
Ultimately, what constitutes a breach or violation of our Terms is at our sole discretion.

1.4 License Grant

As between you and us, you own the User Content you submit through the Services. By submitting User Content through the Services (or to BoobFairy by any other means), you hereby grant us and our partners a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, transferable, assignable, sublicensable, worldwide license to use, display, host, publish, reproduce, download, publicly perform, transmit, broadcast, adapt, modify (e.g., re-format), rearrange, prepare derivative works of, distribute, and otherwise exploit your User Content through any manner, mode of delivery, or media now known or developed in the future for our business purposes. Pursuant to this license, we have the right to display your User Content on our website and mobile apps as well as on third-party websites, mobile apps, and other mediums (television, radio, virtual reality, among others) or otherwise to promote our business. You agree that we and our partners and affiliates may identify you as the author of any of your User Content by name or screen name or user ID, as we see appropriate. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. This license will continue unless and until you remove your User Content from the Services, in which case the license to any other users will terminate within a commercially reasonable period of time, but your license to us will continue perpetually, as set forth herein. Even if you remove your own User Content, we may still retain copies of your User Content as permitted by applicable law. Your Content includes: any “comments” you submit to or through the Services; feedback, reviews, ratings, suggestions, ideas, and other submissions you disclose to BoobFairy or in a public space; and the contents of communications to or with BoobFairy or any of its personnel or representatives, including by email, in-app message, fax, physical mail, VOIP video or audio calls, or telephone calls. You further acknowledge that BoobFairy and its applicable successors and assigns shall be entitled to unrestricted use of your Content for any purpose whatsoever, commercial or otherwise, without compensation to the owner of the Content. You also permit any user of the Services to access, display, view, store or reproduce any Comment that you have made available in any part of the Services for their personal use. Except as set forth in the Privacy Policy, BoobFairy is and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay to you any compensation for any comments; or (3) respond to any comments.

While BoobFairy is ultimately not responsible for any user-generated content that is submitted, uploaded, included in, or posted to the Website or App, BoobFairy requests that You refrain from posting any illegal, insensitive, abusive, threatening, defamatory, slanderous, explicit, or obscene Content.

1.5 Availability of Content

As a condition of use, you acknowledge that BoobFairy does not have any obligation to review or otherwise pre-screen Content, including but not limited to User Content. We do not guarantee that any Content will be made available on the Website or Apps or through the Services. We reserve the right to, but do not have any obligation, to (i) pre-screen, refuse and/or remove any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. Furthermore, we reserve the right to restrict or prohibit your use of Services if we believe you are violating any of the terms of this Terms of Service and to remove, edit, or relocate any User Content as we see fit at our discretion, whether for legal or other reasons.

1.6 Use of Information

Subject to the provisions of the Privacy Policy, you consent to BoobFairy’s use and disclosure of information about your demographics and use of the Website or Apps in any manner that does not reveal your personal identity. By participating in contests, promotions, and/or requesting promotional information or product updates through the Website or Apps, you hereby consent to BoobFairy’s use of your personal information for marketing and promotional purposes, as subject to the Privacy Policy.

2. Account Enrollment

To access some of the Services, such as the in-app messaging system and to book appointments with Independent Contractors, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order to send messages to Independent Contractors, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment (“Sign Up”) form; and (ii) each time you log on, maintain and promptly update, such Account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BoobFairy has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, BoobFairy reserves the right to terminate your consultation, subscription plan or any other products or services that have been purchased or subscribed to with an Independent Contractor (or group of Independent Contractors) or through BoobFairy (or its employees, freelancers, subcontractors, or affiliates) directly and refuse any future request(s) to use the BoobFairy Services. You shall at all times remain responsible for maintaining the confidentiality and security of your Account password and username (if any) and any other security information related to your Account. BoobFairy will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

3. International Users