Terms of Use

Last updated [05/02/2020]

1. Acceptance of Terms of Use Agreement.

By creating a Gubs account, you agree to be bound by these Terms of Use and our Privacy Policy, each of which is incorporated by reference into this Agreement, and any terms disclosed and agreed to by you if you purchase additional features, products or Applications we offer on the Application. If you do not accept and agree to be bound by any of the terms of this Agreement, please do not use the Application.

We may make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the website of the Application. You should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Application. If you continue to use the Application after the changes become effective, then you agree to the revised Agreement.

2. Eligibility.

You must be at least 18 years old to create an account on Gubs and use it. By creating an account and using the Application, you represent and warrant that:

you can form a binding contract with Gubs,
you are not a person who is barred from using the Application under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account.

In order to use Gubs, you may create and account using your device's unique ID. If you do so, you authorize us to access and use certain device information. 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 your account you use for Gubs, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

4. Modifying the Application and Termination.

Gubs is always striving to improve the Application and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Application entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account by removing your messages and uninstalling the Application.

5. Safety; Your Interactions with Other Users.

Though Gubs strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Application. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Application or meet in person. In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT GUBS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. GUBS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

6. Rights Gubs Grants You.

Gubs grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Application. This license is for the sole purpose of letting you use and enjoy the Application’s benefits as intended by Gubs and permitted by this Agreement. Therefore, you agree not to:

use the Application or any content contained in the Application for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, Application marks, or other intellectual property, content or proprietary information accessible through the Application without Gubs’s prior written consent.
express or imply that any statements you make are endorsed by Gubs.
use 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 Application or its contents.
use the Application in any way that could interfere with, disrupt or negatively affect the Application or the servers or networks connected to the Application.
upload viruses or other malicious code or otherwise compromise the security of the Application.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Application.
“frame” or “mirror” any part of the Application without Gubs’s prior written authorization.
use meta tags or code or other devices containing any reference to Gubs or the Application (or any trademark, trade name, Application mark, logo or slogan of Gubs) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application, or cause others to do so.
use or develop any third-party applications that interact with the Application or other users’ Content or information without our written consent.
use, access, or publish the Gubs application programming interface without our written consent.
probe, scan or test the vulnerability of our Application or any system or network.
encourage or promote any activity that violates this Agreement.
The Gubs Team may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Application, including 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.

7. Rights you Grant Gubs.

By creating an account, you grant to Gubs a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Device, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Application or transmit to other users (collectively, “Content”). Gubs’s license to your Content shall be non-exclusive, except that Gubs’s license shall be exclusive with respect to derivative works created through use of the Application. For example, Gubs would have an exclusive license to screenshots of the Application that include your Content. In addition, so that Gubs can prevent the use of your Content outside of the Application, you authorize Gubs to act on your behalf with respect to infringing uses of your Content taken from the Application by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Application. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Application and researching and developing new ones.

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

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

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 offensive, we reserve the right to immediately terminate your account.

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

Please be informed that Gubs may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Application; or (v) protect the rights, property or personal safety of the Gubs Team or any other person.

8. Community Rules.
By using the Application, you agree that you will not:

use the Application for any purpose that is illegal or prohibited by this Agreement.
use the Application for any harmful or nefarious purpose
use the Application in order to damage Gubs
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
Gubs reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Application or behaved in a way that Gubs regards as inappropriate or unlawful, including actions or communications that occur on or off the Application.

9. Other Users’ Content.

Although Gubs reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Gubs cannot guarantee that all Content will comply with this Agreement. If you see Content on the Application that violates this Agreement, please report it within the Application or via our contact page.

10. Purchases.

Generally. From time to time, Gubs may offer products and Applications for purchase (“in app purchases”) through iTunes, Google Play or other payment platforms authorized by Gubs. 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 to you for the Application(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Gubs or the third party account, as applicable, to charge you.

YOU ACKNOWLEDGE THAT GUBS IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

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 Gubs. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

Exception to Right of Cancellation: If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), 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 when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

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

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Application in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Application (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written 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; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Gubs will terminate the accounts of repeat infringers.

12. Disclaimers.

GUBS PROVIDES THE APPLICATION 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 APPLICATION (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GUBS DOES NOT REPRESENT OR WARRANT THAT (A) THE APPLICATION WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE APPLICATION WILL BE ACCURATE.

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

13. Third Party Applications.

The Application may contain advertisements and promotions offered by third parties and links to other web sites or resources. Gubs 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 Application, such party’s terms will govern their relationship with you. Gubs is not responsible or liable for such third parties’ terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUBS, ITS AFFILIATES, EMPLOYEES, LICENSORS OR APPLICATION 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 APPLICATION, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE APPLICATION; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF GUBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Gubs’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APPLICATION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO GUBS FOR THE APPLICATION 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.

15. Arbitration, Class-Action Waiver, and Jury Waiver.

Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Application shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Gubs Team in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Gubs Team any class action, class arbitration, or other representative action or proceeding.
By using the Application in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Gubs Team (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Gubs Team (except for small-claims court actions) may be commenced only in the courts located in Turkey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement and any disagreement between you and the Gubs Team shall be regulated by the laws of the Republic of Turkey without regard to conflict of law principles, given that this arbitration arrangement is regulated by the Turkish Arbitration Act.
The European Commission's online dispute resolution platform is available under http:/ec.europa.eu/odr. For consumers living in the EU or the European Economic Region, Gubs may not engage in dispute resolution proceedings before a customer arbitration tribunal.

16. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Gubs, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Application, your Content, or your breach of this Agreement.

19. Entire Agreement; Other.

This Document, together with the Privacy Policy, any conditions that you report and consent to when you buy additional functionality, goods or Applications that we sell on the Application, shall contain the entire agreement between you and Gubs about the application's usage.If any clause of this Agreement is considered null, the remaining provisions of this Agreement shall remain in full force and effect. The Gubs Team's failure to exercise or implement any of the rights or provisions of this Agreement shall not constitute a waiver of that right or provision. You agree that your Gubs 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 Gubs in any manner.