END USER LICENSE AGREEMENT AND TERMS OF SERVICE

1. ACCEPTING THESE TERMS

This End User License Agreement and Terms of Service ("EULA") is between Hublo Pty Ltd and you, an individual user ("you"), and governs your use of services Hublo Pty Ltd websites and apps. This contract sets out your rights and responsibilities when you use our website or app. Please read them carefully.

BY INSTALLING ANY APP OR OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS TERMS AND CONDITIONS, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.

This service is licensed, not sold to you, and you may use the Service only as set forth in this TERMS AND CONDITIONS;

The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator's ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

You consent to the collection, use and disclosure of your personally identifiable information in accordance with Hublo Pty Ltd Privacy Policy located here ("Privacy Policy");

If you enter or otherwise participate in a Hublo Pty Ltd Competition contest, you agree to be bound by the Hublo Pty Ltd Competition Contest Rules.

You are responsible for clearing the rights to all User Content you Post to the Service;

Hublo Pty Ltd provides the App to you on an "as is" basis without warranties of any kind and Hublo Pty Ltd liability to you is limited;

Disputes arising between you and Hublo Pty Ltd will be resolved by binding individual arbitration. By accepting this EULA, you and Hublo Pty Ltd are each waiving the right to a trial by jury or to participate in a class action;

You agree to and acknowledge the "Notice Regarding Apple" below; and

You may be subject to remedial action that Hublo Pty Ltd deems necessary or appropriate if you post (defined in Section 5.6. below) any Objectionable Content (defined in Section 5.14. below) on the Service, such as, without limitation, suspending or terminating your Account (defined in Section 4.1. below), removing all your User Content (defined in Section 5.6. below) from the Service and/or including reporting you to law enforcement authorities, directly or indirectly, if necessary.

2. GENERAL TERMS AND CONDITIONS

2.1. Description.

MyHublo is an online platform and social media website that allows users to upload and share user-generated content. As used in this EULA, "User" means any user of the Service.

2.2. Eligibility.

THE SERVICE IS NOT FOR PERSONS UNDER THE AGE FOR WHICH RULES APPLY ON AN AGE-BASED BASIS FOR THE COLLECTION OF DATA ("RESTRICTED AGE"). IN THE UNITED STATES, THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. FOR USERS OUTSIDE OF THE UNITED STATES, IN ALL CASES, THE SERVICE IS NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY Hublo Pty Ltd. IF YOU ARE UNDER 13 YEARS OF AGE IN THE UNITED STATES OR THE RESTRICTED AGE IN THE TERRITORY WHERE YOU RESIDE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and entered this EULA on your behalf. If you are using the Service on behalf of an entity or organization, then you represent and warrant that you have the authority to bind that entity or organization to this EULA and you agree to be bound by this EULA on behalf of that entity or organization.

2.3. Changes.

If any change to this EULA is not acceptable to you, then your sole remedy is to stop using the Service. Notwithstanding the preceding sentences of this Section 2.3, no revisions to this EULA will apply to any dispute between you and HUBLO PTY LTD that arose prior to the effective date of those revisions.

2.4. Privacy Policy.

Your access to and use of the Service is also subject to HUBLO PTY LTD Privacy Policy located here, the terms and conditions of which are incorporated herein by reference.

2.5. Consideration.

Hublo Pty Ltd currently provides you with access to the Service for free. In return for enjoying this free access, you acknowledge and agree that Hublo Pty Ltd may generate revenues (including, by way of example and not limitation, through the sale of advertising and sponsorships, and the sublicensing of your User Content), increase goodwill or otherwise increase the value of Hublo Pty Ltd from your use of the Service, and you will have no right to share in any such revenues, goodwill, or value whatsoever. Hublo Pty Ltd in its sole discretion may eventually charge you fees to access certain features on the Service. Hublo Pty Ltd will provide you with advance notice of any such changes before they take effect. Even if we charge you a fee for the use of the Service, you will have no right to share in the revenues we charge you or other Users or to share in any goodwill or value created.

2.6. Content Competition Rules.

By signing up, entering, submitting User Content in connection with, or otherwise participating in a Hublo Pty Ltd Content Competition you agree that you have read and understood, and, as a condition to your entering into the contest, you agree to be bound by the Hublo Pty Ltd Content Competition Rules. The Content Competition Rules are incorporated by this reference into, and made a part of, this EULA. To the extent there is a conflict between the Content Competition Rules and this EULA, the Contest Competition Rules will govern.

2.7. Mobile Services.

The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Services"). Your mobile carrier's normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Service and the related Mobile Services must be in accordance with this EULA.

2.8. Jurisdiction.

The Service is controlled and operated by HUBLO PTY LTD from its office in Sydney, NSW, Australia. HUBLO PTY LTD makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than NSW, Australia. Those who choose to access or use the Service from locations outside this area, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.

2.9. Additional Terms.

Hublo Pty Ltd may require you to agree to additional terms and/or policies that it makes available to you from time-to-time in connection with your use of the Service ("Additional Terms"), including the Hublo Pty Ltd Rules. Except as expressly stated otherwise in Additional Terms, such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency, such unless Additional Terms expressly supersede a term in this EULA.

3. COMMUNITY GUIDELINES

In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to do (and not attempt to or assist any other person or entity in doing) any of the following:

a. take any action or Post any User Content in violation of the Hublo Pty Ltd Rules;

b. delete, alter or make unauthorized copies of any content (whether Hublo Pty Ltd Content, User Content, or otherwise) made available on or through any part of the Service, excluding any User Content that you have Posted (as defined in Section …);

c. attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up any part of the Service, except to the extent any such restrictions are expressly prohibited by applicable law;

d. transferring any part of the Service or content thereon to any third-party by leasing, loaning, reselling, sublicensing, or otherwise;

e. damage, disable, remove, circumvent, or otherwise interfere with any security-related features of any part of the Service, those features that prevent or restrict use of any content accessible on any part of the Service, or those that enforce limitations on usage of any part of the Service or any content accessible thereon;

f. delete any copyright or other proprietary rights notices on any part of the Service;

g. forge another person's digital signature, impersonate another person, claim false affiliations with any person or entity, misrepresent the source, identity, or content of information transmitted via the Service, or unauthorized access to other people's accounts, or engage in any other fraudulent activity;

h. if HUBLO PTY LTD has previously disabled one of your Accounts, you are not permitted to create another one with Hublo Pty Ltd without the express written consent of HUBLO PTY LTD;

i. inhibit, restrict or discourage any person from using the Service or disclosing personal information about a third party on the Service or obtained from the Service without their consent;

j. using the Service for commercial purposes without Hublo Pty Ltd explicit written consent, including communicating or facilitating any commercial advertising, solicitation or spamming;

k. obtain unauthorized access to the Service, to other Users' Accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;

l. upload any virus, worm, spyware, or other computer code, file, or program that could impair, disable, damage, overload or hijack the operation in any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;

m. gain access, tamper with, disrupt the Service or interfere with any network or server connected to the Service, or violate the regulations, policies, or procedures of those networks or servers;

n. infringe, violate any applicable federal, state or local laws or regulations or the terms of this EULA.

4. ACCOUNTS

4.1. Accounts.

The Service is available to you without registering with HUBLO PTY LTD, but in order to take full advantage of the Service, you must register an account with HUBLO PTY LTD ("Account"). You may also register and log into the Service using credentials from Facebook or Google. When you register for an Account, you must provide us with some information about yourself such as your name and email address. Account usernames may not be: (i) a name of another person to impersonate that person; or (ii) a name that is subject to any rights of another person, entity, or organization.

4.2. Account Security.

You are responsible for the security of your Account and are fully responsible for all activities that occur by using your credentials. You agree to notify Hublo Pty Ltd immediately at support@myhublo.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Hublo Pty Ltd will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your credentials prior to you notifying Hublo Pty Ltd of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Services.

4.3. Accuracy of Information.

When creating an Account, you will provide true, current, and complete information as Hublo Pty Ltd requests. You will update such information promptly, and as necessary to keep it current and accurate. Hublo Pty Ltd reserves the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Hublo Pty Ltd in its sole discretion, and may, with or without prior notice and without liability to you, suspend or terminate your Account if activities occur on your Account that, in Hublo Pty Ltd sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Hublo Pty Ltd, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Hublo Pty Ltd may terminate your Account immediately without notice to you and without any liability to you or any third party.

5. GENERAL USE OF THE SERVICE

5.1. License.

In exchange for your complete and ongoing compliance with this EULA, Hublo Pty Ltd hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (i) access, download, and use an object code version of the App on any device that you own or control; and (ii) access and use all other portions of the Service, in each case, solely for your personal use. Any third-party code that may be incorporated into any App is covered by the applicable open source or third-party license, if applicable.

5.2. Content.

Aside from User Content (defined in Section …), the content that Hublo Pty Ltd provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), audio-visual works (and the sound recordings and musical works embodied therein), text, graphics, photos, software and interactive features, are protected by copyright or other intellectual property rights and owned by Hublo Pty Ltd or its third party licensors (collectively, the "Hublo Pty Ltd Content"). Moreover, Hublo Pty Ltd solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.

5.3 Trademarks.

All HUBLO PTY LTD trademarks, including service marks and logos (collectively, the "HUBLO PTY LTD Trademarks") used and displayed on the Service are HUBLO PTY LTD registered and/or unregistered trademarks or service marks. Any other product and service names located on any part the Service may be trademarks or service marks owned by third parties (collectively with the HUBLO PTY LTD Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage HUBLO PTY LTD or the applicable third party, HUBLO PTY LTD or a third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without HUBLO PTY LTD prior express written consent. All goodwill generated from the use of any HUBLO PTY LTD Trademark will serve solely to HUBLO PTY LTD benefit.

5.4. Reservation of Rights

Unless otherwise stated, any rights not explicitly given to you in this agreement are reserved by Hublo Pty Ltd. This EULA and the Service do not give you any additional licencing rights in or to the Service or any Hublo Pty Ltd Content therein by implication, estoppel, or otherwise.

5.5. Functionality

Some features and functions may only be available on the website or in the app, but not both. Hublo Pty Ltd, in its sole discretion, may provide functions across both the Website and the App, and may disable functions, temporarily or permanently, at any time, without any liability to you.

5.6. User Content

Any content that Users upload, Post or transmit to or through the Service (collectively "Post"), including without limitation photographs and text and any other works protected under the laws of NSW and Australia, including without limitation patents and trademarks as well as copyright laws (collectively "User Content"). This Section applies to all User Content. Aside from the material posted by the User, User Content also includes any external services' Content that is made available through the service. For the avoidance of doubt, User Content does not include any, and all HUBLO PTY LTD materials.

5.7. Screening content

There are no pre-screening procedures in place at Hublo Pty Ltd; however, the company does retain the right to refuse, remove or delete any User Content at any time for any reason. Aside from the above, Hublo Pty Ltd may, at any time and without notice and without assuming any liability to you or anyone else, remove, disallow, block, or delete any User Content: (i) that HUBLO PTY LTD considers violating this EULA, any applicable law, or otherwise constitutes Objectionable Content; or (ii) in response to complaints from other Users, licensors or copyright owners or their agents, with or without notice and without any liability to you. As stated above, Hublo Pty Ltd has the right, but not the obligation, to take corrective action concerning any Objectionable Content Posted to the service. The Hublo Pty Ltd team advises that you make a copy of any User Content you post on your device(s) or other storage media.

5.8. Ownership

You retain ownership of any rights you may have in your user content, subject to any third-party rights in any pre-existing content that is a part of your user content. Posting your user content does not transfer ownership of your rights to Hublo Pty Ltd or any third party. You retain ownership of any rights you may have in your user content.

5.9. License to HUBLO PTY LTD

You hereby grant HUBLO PTY LTD an unlimited, transferable, sublicensable, revocable (except as noted below), royalty-free and fully paid license throughout the universe for reproduction, distribution, public display, communication to the public, the general performance (including using digital audio transmissions and on a through-to-the-audience basis), making available, creating derivative works from, retransmitting from External Services, and otherwise exploit and use in: (i) advertising, marketing, and promoting Hublo Pty Ltd, the Service, and the availability of your User Content on the Service; (ii) displaying and sharing your User Content to other Users; (iii) providing the Service as authorized by this EULA; (iv) reproducing and distributing your Content in merchandise offered for free or for a fee; (v) sublicensing third parties to Use your User Content as Hublo Pty Ltd deems appropriate in its sole discretion, including, by way of example and not limitation, to advertise, market and promote such third parties' products, goods or services (whether in or out of context) and the availability of your User Content as made available by such third parties. It is for the avoidance of doubt that the rights granted in the preceding sentences of this Section include, but are not limited to: (a) reproduce audio-visual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; (b) publicly display audio-visual works; (c) publicly perform and communicate to the public audio-visual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; and (d) sublicense third parties to do all of the foregoing with your User Content on a royalty-free basis. You understand and agree that you are not entitled to any payments from Hublo Pty Ltd and sublicensees of Hublo Pty Ltd, or any other third party for Uses of your User Content as authorized in this EULA. Hublo Pty Ltd may produce and keep archival copies of your User Content following Hublo Pty Ltd procedures for data retention and backups after any termination of the licences set out in this Section. The rights granted in this Section (...) are perpetual and irrevocable with respect to any of your User Content that Hublo Pty Ltd sublicenses to any third party before the effective date of termination of your licence grant with respect to any item of your User Content as set forth below. Any User Content you post to the Service might exist in perpetuity, so please use caution when deciding what User Content to Post.

5.10. Copyright of your content

The Content you post must be yours, and you must be able to substantiate your assertions and warranties. Unless you own or have complete authority to provide rights in all User Content's components, you may not post any Other User Content. Additionally, suppose you only own the rights to a sound recording and not the underlying musical works embodied in such sound recordings. In that case, you must not Post any audio and visual works containing such sound recordings, but if you have all necessary rights, approvals and permissions concerning such ingrained musical works that grant you sufficient rights to grant licences to Hublo Pty ltd under this EULA. To the fullest extent permitted by law, You represent and warrant that: (i) the Posting and Use of your User Content does not violate any third party's privacy, publicity, copyright, trademark, patent, trade secret, contract, or other rights, including but not limited to those of any person visible in any of your User Content; (ii) you own the User Content that you post or otherwise have all rights necessary to grant this EULA's licence to the third party, including, but not limited to, the rights of You undertake to pay any money owed to anybody as a consequence of posting your User Content, including Hublo Pty Ltd, exercising the licence provided out in Section, including any legal fees.

5.11. Through-To-The-Audience Rights

The rights you grant in this EULA are provided on a through-to-the-audience basis, which means that Hublo Pty ltd or its third-party sublicenses have no separate liability to you or any other third party for any User Content Posted or Used on such External Services or by such third-party sublicenses through the service.

5.12. Waiver of Rights to User Content

You waive any right to pre-inspect or approve any marketing or promotional material relating to such User Content by posting your User Content. In addition, you waive any right to privacy, publicity, or any other right of a similar nature in connection with your User Content or any part thereof. To the extent any moral rights aren't transferable or assignable, you herewith waive and agree never to claim any, and all moral rights, or to support, maintain or allow any action based on any moral rights that you just may have in or with relevance any User Content you Post.

5.13. Non-Confidentiality

All User Content posted by you or otherwise transmitted to Hublo Pty Ltd is considered non-confidential, non-proprietary and will be treated as such by Hublo Pty Ltd and may be used by Hublo Pty Ltd following this EULA without notice to you and any liability to Hublo Pty Ltd. That means you must not Post any User Content on or through the Service or transmit to Hublo Pty Ltd any User Content that you contemplate confidential or proprietary.

5.14. Objectionable Content.

You are not permitted, and agree, not to post any User Content which, in HUBLO PTY LTD sole discretion, is or could be interpreted as: (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libellous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service; or bigotry, discrimination or hatred ((i) and (ii) collectively, "Objectionable Content" "). Third-party claims may result from your posting of any Objectionable Content, and none of the rights provided to you in this EULA may be used to defend you against such third-party claims. As a result, you agree not to use the service in any way that is prohibited or illegal. Please contact Hublo Pty Ltd at support@myhublogging.com right away if you encounter any Objectionable Content while using the service. Suppose, you find anything objectionable on the service. In that case, you understand and accept that Hublo Pty Ltd is providing you with the opportunity to report it as a courtesy. Hublo Pty Ltd is under no obligation to delete or otherwise deal with any Objectionable Content you report to Hublo Pty Ltd. Hublo Pty Ltd, on the other hand, reserves the right to take any action it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User's Account, removing all or part of the User's User Content, and/or reporting the user to law enforcement authorities directly or indirectly. By using the service, you understand and accept that you may be exposed to Content that is deemed offensive or objectionable by some.

5.15. No Liability

Unless otherwise stated in this EULA or another agreement between a User or third party and Hublo Pty Ltd, Hublo Pty Ltd will not be responsible for using or abusing User Content by Users or third party sublicensees.

5.16. Feedback

Any feedback, input, or suggestions regarding problems with or proposed modifications and improvements to the service ("Feedback") that you choose to give Hublo Pty Ltd will be considered as "Feedback". They will be used and exploited by Hublo Pty Ltd without any restriction, credit, fees, or attribution due to you.

5.17. User engagement

When a user interacts with User Content or other Users via the service (e.g., "liking," "comments," "sharing," "messaging", or "ranking"), Hublo Pty Ltd will keep track of and record such interaction. By using the service, you provide your agreement to your activities on the service being tracked.

6. GENERAL PAYMENT TERMS

6.1. Price

Hublo Pty Ltd retains control over the price of the service's paid features. Hublo Pty Ltd has the right to modify the fees it charges for any aspect of the service, including any extra fees or charges, at any time by providing you with prior notice of the changes. Hublo Pty Ltd has the right to provide any User with promotional offers that include different features or a different price. These promotional offers will not apply to your offer or this EULA unless they are offered specifically to you.

6.2. Fees

You may be required to pay fees to use some MyHUBLO PRO service features on the app. You will be given a chance to examine and accept the fees you will be charged before you pay anything. There are no exceptions to the rule that all costs are in U.S. Dollars and non-refundable unless when required by law. All fees are non-refundable, in whole or in part, even if your pay service is suspended, cancelled, or transferred prior to the end of the then-current pay service term.

6.3. Currency

Unless otherwise stated, all charges and payments for Merchandise shall be made in U.S. Dollars. Foreign transaction fees and currency exchange settlements are determined by the terms of your agreement with the company that issues your credit card, debit card, or another form of payment.

6.4. Authorization

The payment method indicated in your Account or the relevant third-party App Store, such as Apple's App Store or Google's Play, will be charged by Hublo Pty ltd for any amounts related to orders you place and any level of service you choose therein. You authorize HUBLO PTY LTD to charge all sums for the orders you make. Hublo Pty ltd may request pre-authorization of your credit card account before your transaction if you pay any fees using a credit card. This ensures that your credit card is legitimate and has sufficient money or credit to support your purchase.

6.5. Methods of Payment

All payments to HUBLO PTY LTD may only be made using an authorized payment method (e.g., debit and credit cards). You may be required to agree to the terms and conditions of the payment processor. In the event of any difficulties or disagreements, we will not be held responsible for any problems or disputes that you may have with such third parties. When you purchase on the Website or App, you give Hublo Pty Ltd and our Payment Processors permission to charge your credit card. The User is solely responsible for any processing or other transaction fees imposed by the Payment Processor or the issuing bank of a credit card in connection with processing a payment transaction. The payment method used to make purchases via the service must be permitted to be used by you. Before making a purchase or charging, Hublo Pty ltd may ask for pre-authorization of your credit card to check that the card is legitimate and/or has sufficient money or credit to support your transaction. Until the authorization amount is released or reconciled, these pre-authorizations will decrease your available credit by that amount until the charge is released or reconciled. Hublo Pty Ltd retains the right to combine numerous charges into a single transaction if such multiple charges occur near one another within a reasonable period following the transaction or soon afterwards. We will keep providing the service for free thanks to this consolidation of Hublo Pty Ltd credit card transaction costs.

6.6. Taxes

Taxes and costs associated with the purchase of Merchandise are your exclusive responsibility as the buyer. If any taxation authority makes a claim based on your purchase of Merchandise on or via the service, you agree to keep Hublo Pty Ltd blameless and indemnify them.

6.7. Orders

A confirmation e-mail will be sent to the address associated with your User account or to the e-mail address you supplied at the time of purchase for any Merchandise purchases completed via the service. Please contact support@myhublo.com with any queries you may have about a purchase confirmation you may have received. The terms of any External Services will govern your purchase of Merchandise from those External Services. You are solely responsible for making sure you have read, understood, and agreed to the terms of any External Services you use to buy Merchandise.

6.8. Merchandise

While we do not currently sell anything directly on the Website (such as physical or digital goods or services), we reserve the right to do so in the future if there is sufficient demand. At the time of purchase, the price of the Merchandise will be clearly shown. The cost of any Merchandise you buy, as well as any shipping charges, taxes, or other fees connected with Merchandise, is your responsibility. Merchandise offered for sale may be limited in quantity or discontinued at any time without prior notice.

6.9. Shipment

We shall arrange the shipping of goods sold by us to the address you specify in any order information. Specific shipping choices may be found on the order detail pages.

6.10. Transfer of Title and Risk of Loss

Purchased Merchandise becomes your property upon delivery, and you will be responsible for any damage or loss that occurs as a result. However, intellectual property rights in purchased Merchandise are not transferred unless otherwise stated.

6.11. Refunds and Exchanges

NO REFUNDS OR EXCHANGES WILL BE MADE FOR MERCHANDISE PURCHASED FROM THE SERVICE (BUT NOT NECESSARILY FROM EXTERNAL SERVICES), and HUBLO PTY LTD does not offer refunds for any purchases. If you get a damaged, incorrectly printed, or faulty Merchandise, you must notify us within four weeks of receiving the Merchandise by sending an e-mail to shop@myhublo.com. Please notify us through e-mail at shop@myhublo.com within four weeks of the anticipated delivery date if you have not received your bought Merchandise and think it has been lost in transit. If this is the case, you will be entitled to replacement merchandise. If you fail to meet the deadlines in this Section, Hublo Pty Ltd will not be obliged to supply you with any exchanges or replacement goods.

6.12. Cancellation of Payments and Purchases

The User can't cancel payments or purchases unless it's required by law. Hublo Pty Ltd, on the other hand, retains the right, in its sole discretion, to reject or cancel any transaction or attempted purchase. Your usage of the transaction amount may be put on hold for a few days if your charge is denied for any reason after you authorize a payment transaction using your credit card, debit card, or another payment method.

6.13. Disputed Charges

You agree that regardless of any other provision of this EULA, you must submit any disputes regarding charges to your Account or credit cards for purchases made through the service (but not for any external services) IN WRITING to Hublo Pty Ltd within 60 days of the charge; otherwise, such a dispute will be waived, and the charge will be final and not subject to challenge.

6.14. Account termination

If you fail to provide HUBLO PTY LTD any of the foregoing information, you agree that HUBLO PTY LTD may continue charging you for any pay service provided under your billing account, unless you have terminated your account for such pay service (confirmed in writing upon request).

7. TERM

For this EULA, your term begins when you first use the service and continues until you or Hublo Pty Ltd terminates this EULA.

8. EXTERNAL SERVICES

When you use the service, you may have the option to connect your Hublo Pty Ltd account with an account on an External Service, such as Facebook or Google, or share information with such third-party websites and services ("External Services"). Hublo Pty Ltd does not endorse external Services and the material they make accessible. It's important to remember that the material on any External Services was created and supplied by someone else. If you have any questions or complaints about external service material, you should contact the administrator or webmaster for that service. Any External Services and the contents on them are not within the control of Hublo Pty Ltd, which makes no claims as to the Content or accuracy of anything on such External Services. To keep your computer and mobile devices safe from viruses and other harmful applications, you need to take care while downloading files from any website. Whether you elect to use any External Services, buy any material from them, or subscribe to any of their services, it is entirely up to you. You acknowledge and accept that Hublo Pty Ltd has no responsibility or obligation to you in connection with your use, engagement, exposure to, or contact with any External Services.

9. TERMINATION

To terminate this EULA, you must submit a written notice to Hublo Pty Ltd at support@myhublo.com, delete your Account, and remove the app from any of your mobile devices, as well as stop using the service in any other way. Please contact Hublo Pty Ltd at support@myhublo.com if you want to remove any of your User Content from the service. Within 30 days of receiving your request, Hublo Pty Ltd will remove your User Content. Revocations of licence grants from you to Hublo Pty Ltd will not take effect until 60 days after Hublo Pty Ltd receives the revocation notice. However, your licence grant to Hublo Pty Ltd for your User Content will be irrevocable concerning backup copies made of your User Content in the normal course of business. This EULA and your access to all or any portion of the service are subject to suspension or termination in HUBLO PTY LTD sole discretion, without notice or liability, if you violate any provision of this EULA or the copyright rights of any third-party owner. Furthermore, Hublo Pty Ltd may instantly and with or without warning terminate this EULA using the e-mail address associated with your account credentials for any other reason. All or any portion of the service may be changed, suspended, or discontinued at any time without prior notice or responsibility on the part of Hublo Pty Ltd.

10. SURVIVAL

Sections 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 4.2, 4.3, 5.2, 5.3, 5.4, 5, 6.6, 6.7, 6.10, 6.11, 6.13, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and all defined terms used therein will survive the termination of this EULA indefinitely.

11. COPYRIGHT OR INTELLECTUAL PROPERTY INFRIGMENTS CLAIMS AND PROSEDURE

11.1. Repeat Infringer Policy

Hublo Pty ltd has the policy to remove User Content that they believe in good faith upon notice from an intellectual property owner or his/her agent is infringing on a third party's rights. For example, if someone uploads content using another person's image without permission, Hublo will act against it as this would be considered copyright infringement. Hublo Pty Ltd considers any User who has posted content and for whom Hublo receives three or more takedown notices compliant with the provisions of 17 U.S.C § 512 (https://www.law.cornell.edu/uscode/text/17/512), to be a "repeat infringer" in terms of copyright law. Hublo Pty Ltd has the discretion to terminate any user's account after receipt of a single notification about claimed infringement or upon their own determination.

11.2. Intellectual Property Right Infringement Claim Procedure

Detailed steps for reporting an alleged infringement of intellectual property rights. This "Notification of Claimant Infringement" should be sent to the Designated Agent listed below as soon as possible if you think that any material accessible via the service has been utilized or exploited in a way that violates an intellectual property right that you have acquired or control. Hublo Pty Ltd has the right to communicate your Notification of Claimed Infringement with the User who is alleged to have violated a right you own or control, and you agree to allow Hublo Pty Ltd to do so. You must include the following in your message:

a. sign the complaint as a person authorized to act on behalf of the owner of the work(s) allegedly infringed upon, either physically or electronically;

b. Identify the works or materials that have been infringed upon, or a list of representative works if a single notice covers more than one work;

c. delete or block access to Content that is infringing or to have been the subject of infringing conduct, as well as provide sufficient information to enable Hublo Pty ltd to identify the material;

d. provide an address, phone number, and, if available, an e-mail address at which you may be reached by Hublo Pty Ltd;

e. write a statement under penalty of perjury that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or by the law;

f. write statement that the information in the notice is correct and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly violated.

You should consult with your own lawyer and/or see 17 U.S.C. § 512 or other applicable laws to confirm your obligations to provide a valid notice of claimed infringement.

Contact us: copyright@myhublo.com

11.3. Counter Notification

In case Hublo Pty ltd notifies you that Content you made accessible on or via the service has been the subject of a Notification of Claimed Infringement, you will have the opportunity to submit Hublo Pty Ltd with a "Counter-Notification." Hublo Pty Ltd must receive a written Counter Notification that includes the information below to be effective:

a. your physical or electronic signature;

b. location and identification of the removed or disabled content, which considered to be the subject of the Notification of Clamed Infringement;

c. your statement under penalty of perjury that the Content which considered to be the subject of the Notification of Clamed Infringement was deleted or disabled by mistake or misidentification of the material to be removed or disabled;

d. your name, address, phone number;

e. Your declaration, where you state that you consent to Federal District Court jurisdiction over your address, or if outside of Australia, any judicial district where you may find Hublo Pty Ltd;

f. your statement that you will accept service of process from the person who gave notification or an agent of that person.

To confirm their responsibilities to file a proper counter-notice under the Copyright Act, parties filing a Counter Notification should speak with an attorney or refer 17 U.S.C. § 512 or other applicable laws.

11.4. Reposting of Content Subject to a Counter Notification

After you submit a Counter Notification to HUBLO PTY LTD, the copy of your Counter-Notification will be sent to the person who filed the Notification of Claimed Infringement and that person will be informed that HUBLO PTY LTD will replace the removed User Content or cease disabling access to it in 14 business days following receipt of the Counter Notification, unless HUBLO PTY LTD receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on HUBLO PTY LTD system or network.

11.5. Consequences of False Notifications of Claimed Infringement or Counter Notifications

According to the United States Copyright Act, any person who intentionally makes a significant misrepresentation in violation of [Section 512 of the Copyright Act (17 U.S.C.U.S.C. 512)] (1) that the material or activity is infringing, or (2) that the material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, any copyright owner or authorized licensee, or any service provider, who is harmed by such misrepresentation.

HUBLO PTY LTD retains the right to seek damages from any person that files a Notification of Claimed Infringement or Counter Notification in violation of relevant law.

12. LIMITATIONS ON LIABILITY AND WARRANTY DISCLAIMER

THE FOLLOWING TERMS IN THIS SECTION 10 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

12.1. THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE BY HUBLO PTY LTD OR IT'S AFFILIATES (COLLECTIVELLY, THE "HUBLO PARTIES") ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT RESTRICTED TO, THE ACCURACY, COMPLETENNESS AND APPROPRIATENESS, TIMELINESS, OR RELIABILITY OF THE PRECEDING. THE HUBLO PTY LTD PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ANY ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR DISRAPTIONS OF THE DATA OR INFORMATION STREAMED ON THE SERVICE, FROM WHATEVER CAUSES. This includes incorrect information provided in regards towards our products/services offered through these channels such at content available on websites like Facebook which can lead people into thinking they are endorsing something when actually giving an opinion only goes so far before advertisers must make good faith efforts ensure the truthfulness of claims made by themselves. A USER AGREES TO USE THE SERVICE AND ANY CONTENT THEREON SOLELY AT THEIR OWN RISK. ALL CONTENT YOU UPLOAD TO THE SERVICE IS SOLELY YOUR RESPONSIBILITY.

12.2. THE HUBLO PTY LTD PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ANY COSTS ASSOCIATED WITH SERVICING OR REPLACING EQUIPMENT OR DATA RESULTS FROM YOUR USE OF THE SERVICE OR ANY CONTENT THEREON WILL BE YOUR SOLE RESPONSOBILITY.

12.3. WE PROVIDE THE SERVICE AND ALL CONTENT AND MERCHANDISE ON THE WEBSITE "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES. THEREFORE, THE HUBLO PTY LTD PARTIES DISCLAIM ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND SUITABILITY FOR A PARTICULAR PURPOSE.

12.4. ALL PRODUCTS YOU BOUGHT FROM HUBLO PTY LTD OR A THIRD PARTY ON THIS WEBSITE, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES, WHICH ARE THOSE OF THE RESPECTIVE MANUFACTURES AND SUPPLIERS, IF ANY. HUBLO PTY LTD WITH THIS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES CONCERNING THE PRODUCTS LISTED OR PURCHASED ON THE WEBSITE. AS PREVIOUSLY STATED, HUBLO PTY LTD EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, MODIFICATION, INAPPROPRIATE SELECTION, NON-COMPLIANCE WITH ANY CODES OR MISAPPROPRIATION. TO THOSE DEFINED AS "CONSUMERS" UNDER THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, HUBLO PTY LTD MAKES NO WARRANTIES.

12.5. THE HUBLO PTY LTD PARTIES WILL NOT BE LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: INCIDENTAL OR CONSEQUENTAL, INDIRECT, SPECIAL, PUNITIVE, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR IN CONNECTION WITH, THE USE OF INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HUBLO PTY LTD PARTY HAS BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES. HUBLO PTY LTD LIABILITY, AND THE LIABILITY OF ANY OTHER HUBLO PTY LTD PARTIES, TO YOU OR ANY THIRD PARTIES IS LIMITED TO U.S. $100 IN ANY CIRCUMSTANCE.

12.6. HUBLO PTY LTD ACCEPTS NO RESPONSIBILITY AND EXCLUDES ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW FOR ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE HUBLO PTY LTD SERVICE, INCLUDING, BUT NOT LIMITED TO: ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE HUBLO PTY LTD PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONCEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13. INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Hublo Pty Ltd Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (1) your breach of this EULA; (2) your access to, use or misuse of Hublo Pty Ltd Content or the Service; or (3) your User Content. Hublo PTY LTD will provide notice to you of any such claim, suit or proceeding. If Hublo Pty Ltd believes that you are unwilling or incapable of defending Hublo Pty Ltd interests, Hublo Pty Ltd reserves the right to assume the exclusive defence and control of any matter under indemnification under this Section. In that case, you agree to assist Hublo Pty Ltd if it needs help defending such a claim at your expense.

14. DISPUTE RESOLUTION

14.1. General

You and Hublo Pty ltd agree that every dispute arising out of or connected to this EULA or your use of the Service shall be handled by binding arbitration to resolve disputes between you and Hublo Pty ltd as quickly and cost-effective as possible. A lawsuit in court is more official, whereas arbitration is informal. An impartial arbitrator replaces a judge or jury in arbitration, allowing for less discovery than in court and subjecting arbitration to far fewer checks by the courts. The actual damages and remedies can be awarded by arbitrators as they might by a court. Any claims arising out of or in any way connected to this EULA or your use of the Service will be arbitrated under this agreement, regardless of whether a claim occurs during or after the expiration of this EULA in contract, tort, law, fraud, misrepresentation, or any other legal theory. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND HUBLO PTY LTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

14.2. Exceptions

Despite Section 12.1 above, nothing in this EULA will be deemed to waive, preclude or otherwise limit either party's right to: (i) file an individual action in small claims court; (ii) pursue an enforcement action through the applicable national, federal state/local agency if available for that certain situation; (iii) seek preliminary injunction by going straight into arbitration with no further legal proceedings needed; or (iv) file suit in a court of law to address an intellectual property infringement.

14.3. Arbitrator

Any arbitration between you and Hublo Pty ltd shall be conducted by the Australian Centre for International Commercial Arbitration (A.C.I.C.A.) following the A.C.I.C.A. Arbitration Rules as amended by this EULA.

14.4. Notice

A party seeking arbitration must first submit a written notice of the disagreement to the other party by mail ("Notice") or, if such party does not have an address, via e-mail to the e-mail address provided on or via the service. The notice must include the following information: (i) the nature and grounds of the claim or dispute; and (ii) the relief sought ("Demand"). The parties will make good faith attempts to settle the claim directly, but if they cannot do so within 30 days of receipt of the notice, you or Hublo Pty Ltd may initiate an arbitration process. Any arbitration under this Section will take place in the English language.

14.5. Process

HUBLO PTY LTD is committed to providing a fair and balanced arbitration process. The HUBLO PTY LTD and you will not disclose any settlement offer made by both parties during the proceedings, nor negotiate on their behalf of what has been offered by both parties before selection of an arbitrator, if any. If you win your case through arbitration and get a monetary award that exceeds the last written settlement amount offered by HUBLO PTY LTD, HUBLO PTY LTD will pay you the amount in the highest of the following: (1) amount awarded by arbitrator, if any; (2) the last written settlement amount offered by HUBLO PTY LTD prior to the arbitrator's award; (3) $15,000.

14.6. Fees

If you start arbitration following this EULA, HUBLO PTY LTD will repay your submitting fee, unless your claim is for more than $15,000, as in this case the payment of any fees will be decided by the A.C.I.C.A. rules. Any arbitration hearing will take place in the Sydney, Australia. There are a few ways to conduct the arbitration: (i) exclusively based on documents submitted to the arbitrator; (ii) telephone-based hearing; or (iii) if the claim is for $15,000 or less, by an in-person hearing as established by the A.C.I.C.A Rules in Australia. If the arbitrator finds that either the matter of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in United States Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the A.C.I.C.A Rules. In that case, you agree to repay HUBLO PTY LTD for all monies previously disbursed by it that are otherwise your obligation to pay under the A.C.I.C.A. Rules. Arbitrators must issue written decisions in English, regardless of how the arbitration is conducted. These decisions must formulate the key findings and conclusions on which decisions and awards (if any) are based. Both parties agree that such written decisions, as well as information exchanged during arbitration, shall remain confidential except for purposes of judicial review or enforcement of the award. If either party makes a written request to the arbitrator within 14 days after the arbitrator issues a decision on the merits, the arbitrator may make a ruling and resolve disputes as to the amount of fees and expenses requested by that party.

14.7. No Class Actions

In the event that you or HUBLO PTY LTD decides to take legal action against each other, you or HUBLO PTY LTD may only do so in your or its individual capacity, and not as a class member or complainant in any purported class or representative action. Further, your claim cannot be combined with more than one person's claim, and any class or representative action may not be heard by the arbitrator unless both you and Hublo Pty Ltd agree otherwise.

14.8. Changes

If Hublo Pty Ltd makes any subsequent change to this arbitration provision, except a change to Hublo Pty Ltd address for Notice, you may reject the change by contacting Hublo Pty Ltd in writing within 30 days of the change, if so, this arbitration provision, as it existed prior to the rejection of the changes, will continue to apply to any disputes between you and Hublo Pty Ltd.

14.9. Enforceability

If Section 14.7 above is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void.

15. E-COMMUNICATIONS CONSENT

You agree to receive some electronic messages from Hublo Pty Ltd by accessing and using the service, as detailed in the Privacy Policy. You agree that any notices, agreements, disclosures, or other communications sent to you electronically by Hublo Pty Ltd will meet any legal communication requirements, including the need that such communications be in writing.

16. MISCELLANEOUS

By accepting this EULA or using the Service, you agree that no joint venture, partnership, employment, or agency relationship exists between you and Hublo Pty Ltd. In the event that any provision of this EULA is found invalid by any competent court, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect. Whether Hublo Pty Ltd complies with any provision of this EULA or fails to enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. Unless specifically agreed to in writing by Hublo Pty Ltd and you, this EULA constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between them. There is no legal significance to the headings of Sections, they are included merely for convenience. Successors and assigns of Hublo Pty Ltd will be entitled to benefit from this EULA. If Hublo Pty Ltd publishes a translation of this EULA in a language other than English, the translation is given merely for convenience, and the English version will take precedence. You are declaring that: (1) you are not based in a nation that is subject to a US government embargo or has been designated by the US government as a "terrorist supporting" country; and (2) you are not on any US government list of prohibited or restricted parties. Without HUBLO PTY LTD prior explicit written consent, you may not assign this EULA or any of the rights or licences granted hereunder, either directly or indirectly. Hublo Pty Ltd has the unrestricted right to assign this EULA, including all its rights under it.

17. NOTICE REGARDING APPLE

You understand that this EULA is solely between you and HUBLO PTY LTD, and that Apple is not liable for the App or its content. With respect to the App, Apple has no responsibility to provide any maintenance or support services and no other warranty obligation whatsoever; Apple is not responsible for any claims made by you or any third party in connection with the App or your possession and/or use of the App, including but not limited to: I product liability claims; (ii) any claim that an App fails to comply with any applicable legal or regulatory requirement; and (iii) claims based on consumer protection or similar laws. Apple is not liable for the investigation, protection, settlement, or discharge of any third-party claim that any App, or your possession and use of any App, violates that third-intellectual party's property rights. If an App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant App to you. When using the App, you agree to abide by any applicable third-party terms. As a third-party beneficiary of this EULA, Apple and Apple's subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this EULA against you if you accept it.