BAGEL Terms of Use
Welcome to BAGEL! 🙌 🥳 In order to make it easy for you to use BAGEL (a communication app provided by Metascalecorp, Inc.; hereinafter simply “BAGEL Services”), we have formulated these easy-to-understand Terms of Use. Please read these Terms of Use carefully because they set out the promises necessary between us and you, our users. 🙂
1. Consent to the Terms of Use
(1) You may only use BAGEL Services under the provisions of these Terms of Use. Please understand that if you do not consent to them, you may not use BAGEL Services. 😢
(2) Your acceptance of these Terms of Use forms a contract between you and us under these Terms of Use. 📃 If there are separate agreements on the use of BAGEL Services, you must comply with them as well. Please remember that if there is an inconsistency between these Terms of Use and any such separate agreement, the separate agreement will prevail on that matter!
(3) These Terms of Use are available in several languages. 🌐 The Korean version applies to users in Korea, the Japanese version to users in Japan, and the English version to users in other countries and regions to the extent permitted by applicable law.
2. Age Restrictions
(1) We are sorry, but you may not use BAGEL Services if you are under the age of 13 or if you are a child under the minimum age set forth by applicable laws and regulations (hereinafter simply “Applicable Laws”). Even if you are 13 years old (or the aforementioned minimum age) or older, you need the prior consent of a parent or other legal guardian to use BAGEL Services if you have not yet reached the age of 18.
(2) By signing up for BAGEL Services, you represent and warrant to us that:
(i) You have the power and authority to form a binding contract under these Terms of Use with us.
(ii) You are not prohibited from using BAGEL Services under Applicable Laws.
(iii) You are not a convicted sex offender.
(iv) You will comply with these Terms of Use, Applicable Laws, and other rules and regulations.
3. Account Registration and Management
(1) In order for you to use BAGEL Services, we require your authentic and accurate information! Such information must also be kept up to date at all times. Please enter your information carefully and correctly. 👀
(2) We may consider all actions taken through the information that you have registered to verify your identity (hereinafter simply “Credentials,” which include but are not limited to your email address) as your own actions. If your Credentials are misused, you will be solely responsible and liable for their misuse and the consequences. So, please exercise due caution to prevent any unauthorized use of your Credentials! 🔓
4. Account Deletion and Cancellation
(1) You may cancel your account at any time. Remember, however, that you may not sign up for BAGEL Services again within 30 days from your account cancellation!
(2) Regardless of the reason for your account cancellation, your right to use BAGEL Services is terminated upon your cancellation. In other words, once you cancel your account whether by choice or by mistake, you cannot recover it. Therefore, please be careful and considerate when choosing to cancel it.
(3) You agree not to create any account if we have previously removed or banned you or your account from BAGEL Services, unless we consent otherwise.
5. Personal Data Protection
We respect your privacy and ensure that your personal data is appropriately used and stored in accordance with the BAGEL Privacy Policy, which we establish separately.
6. Service Provision
(1) You must procure a communication device such as a cell phone, means of communication, power, and the like in order to use BAGEL Services at your own cost and risk. If your device does not meet our specifications (including but not limited to a compatible OS, performance, functions, and so forth), BAGEL Services may not function properly for you.
(2) We may limit the availability of BAGEL Services only to those users who meet certain criteria that we deem necessary, such as age and the presence of registration information.
(3) We may make changes to all or part of BAGEL Services as needed. In such a case, we may not be able to give you prior notification. These changes would be for better service, so please don’t be puzzled if you notice changes! 😮
7. Suspension or Termination of Service Provision
(1) We do our utmost to provide our users with uninterrupted service 24/7. However, please be aware and understand that we may suspend or terminate the provision of all or part of BAGEL Services without notice in the event of any of the following!
(i) Maintenance or repair of the system
(ii) Such incidents as fire or power outage, natural disaster, war, riot, labor dispute, or other Force Majeure events that prevent the provision of BAGEL Services
(iii) A system failure or overload
(iv) An emergency requiring such service discontinuation for your safety or public welfare
(v) Other causes similar to any of the subparagraphs above in nature or severity
(2) We may suspend or terminate BAGEL Services with prior notification and a specified grace period.
8. Display of Others’ Services or Advertisements
(1) As a no-ad platform, BAGEL does not display anyone else’s advertisements within BAGEL Services.
(2) However, BAGEL Services may contain services or content provided by parties other than us. Please note that those other parties assume sole responsibility for those services or content and set forth respective terms of use and other terms and conditions that apply with regard to those services or content. ✅
9. Attribution of Rights
Regarding BAGEL Services, we reserve all rights other than those expressly granted to you.
10. Content Provided by Us
(1) We grant you a non-transferable, non-sublicensable, non-exclusive, and revocable license to use content that is accessible through BAGEL Services (hereinafter simply “Our Provided Content,” which includes the content that users use to, for example, create the content that they post) for the sole purpose of using BAGLE Services.
(2) You may not use Our Provided Content in any form unintended by BAGEL Services.
11. Content Posted by Users
(1) With respect to BAGEL Services, you retain the rights to the content that you create, upload, post, transmit or otherwise act upon (hereinafter simply “Your Posted Content”). However, if you use Our Provided Content to create content, you retain the rights only to the portion of the content that you created. ✍️
You grant us and our affiliates an unrestricted, worldwide, royalty-free, irrevocable, perpetual, transferrable, sublicensable license to host, store, cache, use, display, copy, reproduce, alter, edit, publish, analyze, transmit, and distribute any and all content that you post within BAGEL Services and the name, likeness, and voice, of anyone including you featured in Your Posted Content. This license may be used to develop, operate, provide, promote, and improve BAGEL Services and other various services that we provide or might provide (hereinafter simply “Our Services”). This license also includes the right to provide Your Posted Content to service providers with which we contract in connection with the provision of BAGEL Services for the sole purpose of developing, operating, providing, promoting, improving and otherwise acting upon BAGEL Services, as well as the right to transfer such rights.
(2) BAGEL Services have a range of features that you can use for editing, such as posting, altering, and deleting content. It means that you also allow other users to edit Your Posted Content.
(3) To the extent permitted by law, you agree either to irrevocably waive any moral rights or equivalent rights to Your Posted Content or to not exercise or assert those rights against our or other persons’ use of Your Posted Content pursuant to this provision.
(4) You are solely responsible for Your Posted Content. We may restrict your use of BAGEL Services by, for example, deleting Your Posted Content without notice if we consider that Your Posted Content violates or may violate any law governing posted content or these Terms of Use or if we have some other justifiable business reason. ❌ We can review or delete any content that appears within BAGEL Services. However, it is difficult for us to review every piece of such content, nor are we obliged to do so. In addition, we do not warrant that the content that you and other users provide through BAGEL Services complies with these Terms of Use or guidelines.
(5) You represent and warrant that you retain all rights necessary to post content within BAGEL Services (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by us that you include in your content). You may not use BAGEL Services in any manner that violates or infringes upon any copyright, trademark, any other intellectual property right, right of publicity, right of privacy, or the like of any other person; nor may you have any other person to do so.
(6) We are not obliged to back up Your Posted Content.
(7) If BAGEL Services are terminated or otherwise become unavailable to you, you will be unable to use any content and the like within BAGEL Services. In such a case, we are not obligated to provide refunds or any other damages.
12. Copyright Infringement Report
We honor copyright laws, including the Digital Millennium Copyright Act and take reasonable steps to expeditiously remove any infringing material from BAGEL Services that we become aware of. If we become aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. If you believe that anything on BAGEL Services infringes a copyright that you own or control, please report it to copyright@bagel.com. Please do not use this email address for anything other than reporting copyright infringement, as such emails will be ignored. If you file a notice as above, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). This means that the notice must:
• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identify the copyrighted work claimed to have been infringed;
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and provide information reasonably sufficient to allow us to locate the material;
• provide your contact information, including your address, telephone number, and an email address;
• provide a personal statement 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 the law; and
• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13. Prohibitions
With regard to BAGEL Services, you may not commit any of the following acts. If you engage in or are suspected of engaging in any of the following, we may suspend your use of all or part of BAGEL Services without notifying you. In such a case, we may even suspend or delete your account, cancel your service use contract with us, or take other necessary measures. You are prohibited from doing the following 📋 :
(1) Violating any statute, court decision, judgment, or order, or any legally binding administrative disposition;
(2) Engaging in conduct that may disrupt public order or morals;
(3) Committing a tort or act that infringes upon our or others’ copyright, trademark, patent right, or any other intellectual right; publicity or privacy right; or any other statutory or contractual right;
(4) Posting or transmitting violent expressions, sexual expressions, discriminatory expressions regarding race, nationality, creed, gender, social status, family, or the like; expressions that solicit or encourage suicide, self-harm, or substance abuse; or any other expression of antisocial content that leads to the discomfort of others;
(5) Leading to the misrepresentation of us or others;
(6) Disseminating false information or rumors;
(7) Defaming or discrediting us or others;
(8) Using or attempting to use another person’s account;
(9) Sending the same or similar messages to a large, indefinite number of users (except for those approved by us); indiscriminately adding other users to friend or group conversations; or engaging in any other conduct that we regard as spamming;
(10) Exchanging the right to use BAGEL Services or Our Provided Content for cash, property, or any other economic benefit in a manner other than prescribed by us is prohibited.
(11) Using BAGEL Services for sales, propaganda, advertising, solicitation, or any other profit-making purpose (except for those approved by us); using BAGEL Services for sexual or obscene conduct; using BAGEL Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using BAGEL Services to harass, slander, or libel another user; or using BAGEL Services for any other purposes unaligned with the purpose of BAGEL Services is prohibited.
(12) Providing benefits to an anti-social entity or otherwise collaborating with such entities is prohibited.
(13) Engaging in religious activities or solicitation for a religious organization is prohibited.
(14) Improperly collecting, disclosing, or providing another person’s personal data, registration information, user history, or the like is prohibited.
(15) Interfering with BAGEL Services’ servers and/or network systems; using bots, cheating tools, or other technical means to tamper with BAGEL Services; intentionally exploiting failures of BAGEL Services; making unreasonable inquiries and/or demands of us by, for example, repeating the same question excessively; or otherwise disrupting or impeding the operation of BAGEL Services or the use of BAGEL Services by other users is prohibited.
(16) Reverse engineering, duplicating, decompiling, disassembling, or decoding BAGEL Services (including all of its basic ideas and algorithms) or extracting source code from any software of BAGEL Services is prohibited.
(17) Harassing another user by, for example, stalking him/her or making a false or malicious report on him/her is prohibited.
(18) Aiding or encouraging an act falling under any of the subparagraphs above is prohibited.
(19) Engaging in an act equivalent to any of the subparagraphs above is prohibited.
14. Indemnity
(1) You use BAGEL Services at your own risk, and you will be solely liable for your conduct in connection with BAGEL Services and its consequences.
(2) In the case where we suffer loss/damages either directly or indirectly (including but not limited to attorney fees) due to your use of BAGEL Services (including but not limited to cases where we receive a complaint from a third party due to such use), you shall immediately compensate us for such loss/damage in accordance with our request pursuant to the laws and regulations.
15. Disclaimers
BAGEL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITH RESPECT TO BAGEL SERVICES (INCLUDING OUR PROVIDED CONTENT), WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ABSENCE OF DEFECTS (INCLUDING BUT NOT LIMITED TO SECURITY DEFECTS AND THE LIKE, ERRORS AND BUGS, AND RIGHTS INFRINGEMENT) OR ABOUT BAGEL SERVICES’ SAFETY, RELIABILITY, ACCURACY, INTEGRITY, EFFECTIVENESS, OR FITNESS FOR A PARTICULAR PURPOSE. NOR DO WE WARRANT THAT BAGEL SERVICES WILL FUNCTION PROPERLY ON ALL DEVICES; IN THE EVENT OF UPDATES OF THE OS OR THE LIKE; AND IN THE EVENT OF AMENDMENTS TO THE OPERATING POLICIES, TERMS, OR THE LIKE OF SUCH PLATFORMS AS THE APP STORE. WE STRIVE TO PROVIDE YOU WITH THE BEST POSSIBLE SERVICE. HOWEVER, PLEASE UNDERSTAND THAT WE MAKE NO PROMISES THAT WE WILL SUCCEED. WE ARE NOT OBLIGATED TO ELIMINATE THE AFOREMENTIONED DEFECTS OR DEFICIENCIES WHEN PROVIDING THE BAGEL SERVICES.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH BAGEL SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
16. Limitation of Our Liability
WE WILL NOT BE HELD LIABLE FOR ANY DAMAGE THAT YOU SUSTAIN DUE TO BAGEL SERVICES UNLESS THE DAMAGE IS CAUSED BY OUR NEGLIGENCE. IF THE DAMAGE IS INDEED CAUSED BY OUR NEGLIGENCE, WE WILL BE HELD LIABLE FOR ORDINARY DAMAGES. HOWEVER, PLEASE UNDERSTAND THAT BAGEL SERVICES ARE PROVIDED FREE OF CHARGE AND THAT OUR DAMAGES FOR ANY CLAIM RELATED TO BAGEL SERVICES WILL NOT EXCEED A TOTAL OF $10 USD. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE BAGEL SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH BAGEL SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . WE ARE NOT OBLIGATED TO INTERVENE IN ANY DISPUTE BETWEEN YOU AND OTHERS ARISING THROUGH BAGEL SERVICES UNLESS OUR NEGLIGENCE IS INVOLVED. NOR WILL WE BE LIABLE FOR ANY DAMAGES FROM SUCH DISPUTE. OUR PRIORITY IS TO ENSURE THAT YOU HAVE A PEACEFUL AND ENJOYABLE EXPERIENCE WITH EVERYONE ELSE ON BAGEL SERVICES.
17. Transfer
16.1 Your account with BAGEL Services belongs to you only for your use. You may not assign, sell, rent, transfer to a successor, license, provide as collateral, or otherwise dispose of your status as a user or any of the rights and obligations that you retain in connection with BAGEL Services including all rights of use. Nor may you bequeath such.
16.2 In the event that we transfer the BAGEL Services business to another entity (including an M&A such as a merger or divestiture), we may also transfer our rights and obligations under these Terms of Use, our contractual status, and such information on the App as membership registration information and user registration information to that entity. Please note that you are deemed to have given prior consent to these transfers!
18. Relationship Between These Terms of Use and Laws
If any provision of these Terms of Use is found to be in violation of Applicable Laws or unenforceable, that provision will not apply to your service use agreement with us to that extent only. Please note that this will not affect the validity of the remaining provisions of these Terms of Use.
19. Change of Terms
We may amend these Terms of Use as needed without violating Applicable Laws. We will normally notify you of an amendment to these Terms of Use no later than seven days prior to the effective date, but if these Terms of Use are amended to your detriment, we will notify you no later than 30 days prior to the effective date. Any amendment to these Terms of Use will be notified on the BAGEL website, via email, or through BAGEL Services, and we will do our utmost to make our notifications as easy as possible for you to understand! 🏃 If we provide a notice or notification that clearly states you will be deemed to have accepted the amended Terms of Use unless you reject them by a stated deadline, and if you do not actually reject them by that deadline, you will be considered to have accepted the amended Terms of Use. You may choose to terminate your service use agreement with us (i.e., cancel your membership) by expressing your rejection of any such amended Terms of Use.
20. Final Terms
These Terms of Use make up the entire agreement between you and us, and supersede any prior agreements. These Terms of Use do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms of Use, it will not be considered a waiver.
21. Contact Us
(1) We may need to contact you regarding BAGEL Services at times. In such cases, we will contact you by posting communications in appropriate locations within BAGEL Services or the BAGEL website or by other means that we deem appropriate. 📞
(2) Our company name, address, and contact information are as follows. Should you have any comments, questions, or suggestions, please feel free to contact us at any time using the following information. We are always ready to talk with you. 🥰
Company Name: Metascalecorp, Inc.
Address: 400 Spectrum Center Dr. Suite 1900, Irvine, CA 92618
Contact: support@bagel.com
22. Exclusive Venue
Both you and we agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to these Terms of Use or the use of BAGEL Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and we consent to the personal jurisdiction of both courts.
23. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms of Use and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms of Use or their subject matter.
24. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Revised on May 3, 2023
