Terms and Conditions of Use
(Last modified on January 16th, 2009)
BubbleTweet is owned and operated by kShermanStudios LLC.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.
YOU MUST BE AT LEAST 13 YEARS OLD TO USE BubbleTweet. IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS OR GUARDIANS.
By using this site, our service, and incorporating any of our scripts and files into your site, or pass along our links to others, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site and/or service.
Scope of terms and conditions
These terms and conditions apply to your use of the sites and services owned or operated by BubbleTweet and kShermanStudios LLC., referred to here as kSS and collectively "we," "us," or "our", including bubbletweet.com and kShermanStudios.com, and any other site that we own and operate or may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only link.
If you submit a video Comment through our site, such Comments will be deemed not to be confidential or secret, so please do not use our service for any confidential material. By submitting a video Comment through our service, you: (i) represent and warrant that the Comment is original to you, that no other party has any rights thereto, and that any "moral rights" in such Comment have been waived, and (ii) you grant a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, delete, distribute, display, translate, summarize, modify and adapt such Comment (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.
Your Video Submissions and Conduct
As a condition to your use of the BubbleTweet Services, you agree not to the following:
More on User Conduct
- As a BubbleTweet user, you may submit video content ("Video Uploads or Webcam Recording"). Your Videos are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, BubbleTweet does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BubbleTweet to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BubbleTweet, you hereby grant BubbleTweet a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BubbleTweet Website and BubbleTweet's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the BubbleTweet Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BubbleTweet Website and service a non-exclusive license to access your User Submissions through the Website and service, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the BubbleTweet Website. You understand and agree, however, that BubbleTweet may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BubbleTweet all of the license rights granted herein.
- BubbleTweet does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BubbleTweet expressly disclaims any and all liability in connection with User Submissions. BubbleTweet does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BubbleTweet will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BubbleTweet reserves the right to remove Content and User Submissions without prior notice.
You warrant and agree that, while using the Sites, you shall not upload, post or transmit to or distribute or otherwise publish through the service any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Sites for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Sites; or (d) attempt to gain unauthorized access to other computer systems through the Sites. You agree that you will not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
You agree to defend, indemnify and hold the Sites Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of the Sites, your placement or transmission of any message, content, information, software or other materials through the Sites, or your breach or violation of the law or of these Terms and Conditions.
Restrictions on Use of Materials
The BubbleTweet service is free to use, however, the contents of our Sites are protected by copyright and trademark laws, and are the property of kShermanStudios LLC. and unless we say otherwise, you may access your video comment that is located within our Sites only for use within your site as defined in the terms of this document. This means you may use our materials only as they are designed to be used by us, and that by allowing you use our scripts, reference our links, access our material on and within our site, you must follow our terms and guidelines in the intended fashion as defined by us. You may not change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. The BubbleTweet design, scripts, and interaction techniques are the sole property of kSS, unless as noted within our files to be owned by third entities. In this case, all copyright material is owned and protected by their respective entities as noted within material.
You may not modify, copy, publish, display, transmit, reverse engineer our work, files and techniques. You may not adapt or in any way exploit the content of this or any other of kSS Sites. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, display or commercially exploit any material from the Site.
Third Party Tradmarks
All trademarks, service marks, product names, and logos appearing on the BubbleTweet site are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo within any video you create or upload to the BubbleTweet servers without the owner's prior written consent.
General Prohibitions and More on User Conduct
As a condition to your use of the BubbleTweet Services, you agree not to:
- Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
- Everyone hates spam. Don’t create misleading BubbleTweet in order to increase views. It's not okay to post large amounts of untargeted, unwanted or repetitive BubbleTweet content.
- Access, tamper with, or use any non-public areas of BubbleTweet Services or BubbleTweet's computer systems or the technical delivery systems of BubbleTweet's providers;
- Attempt to probe, scan, or test the vulnerability of the BubbleTweet Services or any related system or network or breach any security or authentication measures;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the BubbleTweet Services; or
- Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on BubbleTweet servers.
- Impersonate or misrepresent your affiliation with any person or entity.
BubbleTweet will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. BubbleTweet may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that BubbleTweet has no obligation to monitor your access to or use of the BubbleTweet Services, but has the right to do so for the purpose of operating the BubbleTweet Services, to ensure your in compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
The BubbleTweet Applications and Code, as well as the all copyright and intellectual property rights, are the exclusive property of BubbleTweet and kShermanStudios LLC. By using our BubbleTweet service, Applications and Code, you acquire no title, right or interest in the Applications and Code other than the as defined herein.
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source, underlying ideas, underlying user interface techniques, algorithms by any means whatsoever of our Applications and Code, directly or indirectly, or disclose any of the foregoing. Any information supplied by us or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of our Applications and Code.
While BubbleTweet does not currently require any type of registration for our free comments, we do reserve the right in the future to do so. At such point as we do this, we may, at our discretion, suspend or terminate the registration of any general user who violates any of these terms and conditions of use, any of the member guidelines, or for any other behavior that we in our discretion believe is inappropriate use of the BubbleTweet service.
BubbleTweet may make available links to third-party websites. You acknowledge and agree that BubbleTweet is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by BubbleTweet of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
We may, at our discretion, suspend or terminate any video comment and remove video files of any member with or without notice, who's BubbleTweet video playback usage exceeds our internally defined bandwidth useage limits. Bandwidth limits are defined internally and are limited by specific message stream plays per month and/or particular video comment. If for some reason a particular video comment usage starts to effect the performance of other comments, it is at our sole discretion to suspend or terminate your video comment without additional notice.
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES AND BubbleTweet SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES AND/OR ITS SERVICE.
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail).
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in California. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.