Terms of Service
We reserve the right to change any of the terms of this Agreement and in any policies, guidelines or instructions governing any of our Sites or Services at any time and in our sole discretion. Any changes will be effective upon posting on a Site. You are responsible for periodically checking for the most current terms that apply to your transactions on a Site.
YOUR CONTINUED USE OF A SITE AND THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, DO NOT CONTINUE TO USE THE SERVICES OR THE SITE.
Use of the Site
The information provided on this Site is for general informational and e-commerce related purposes. Certain sections of this Site are intended for particular audiences including use by the general public, as well as, the whole family, which may possibly include young children with parental participation and supervision. Your access to and use of the information contained in this Site is subject to this Terms of Service Agreement. By accessing and using this Site, you accept, without limitation or qualification, to this Terms of Service Agreement.
Bubblecorn Code of Ethics
Visitors to our Sites and users of the Services will operate in a lawful, ethical and professional manner. Visitors and users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices.
Examples of unethical or illegal activities include, but are not limited to the following:
- False, misleading or disparaging statements of any kind including but not limited to about Bubblecorn or its affiliated entities or any person or entity using the Site or the Services;
- Any unauthorized use of the name, logo, trademark or copyrighted material of Bubblecorn, its affiliated entities or any other person or entity;
- Violation of any federal, state or local laws or regulations;
- "Spamming" is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions. Spamming is strictly prohibited by Bubblecorn and will result in the immediate termination of your account or access to our Site. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.
Copyright and Ownership
The Site is owned and operated by Bubblecorn and its affiliates. All of the content featured, displayed or offered for sale on the Site, including, but not limited to text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (collectively referred to herein as, the "Content"), is owned by Bubblecorn. All elements of the Site, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used for its intended purpose for which the Site is being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on our Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is made available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is strictly prohibited. You shall comply with all applicable domestic and international laws, statute, ordinances and regulations regarding your use of the Site. The Site, the Content and all related rights shall remain the sole and exclusive property of Bubblecorn unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or proprietary notices from materials found on the Site.
The Digital Millennium Copyright Act provides protections to Bubblecorn relating to material posted online at the discretion of users of our Sites. If you are a copyright owner and believe that any content on our Site infringes your copyrights you may inform us by submitting a notice including the information listed below in a writing addressed to:
By mail: Bubblecorn Labs, LLC, 2005 Palmer Ave #1031, Larchmont, New York 10538. By email: firstname.lastname@example.org
- a specific description of the alleged infringement and the copyrighted work that you believe has been violated;
- the exact location of the infringing material on the Site;
- your contact information; and
- a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.
Corporate Identification and Trademarks
All of our trademarks, service marks and trade names used herein are trademarks ore registered trademarks of Bubblecorn or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to the distribution of materials on the Site, without Bubblecorn’s express prior written consent. The use of our trademarks on any other website or network computer environment is strictly prohibited. You are granted a limited, revocable, non-exclusive, non-transferrable right to create a link to any page of the Site so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Bubblecorn trademark or other proprietary graphic as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
Third Party Websites
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either expressed or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
For all charges for any products and services sold on the Site, Bubblecorn or its vendors or agents will bill your credit card or an alternative payment method. When you provide your credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the product and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Bubblecorn and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunication services needed for use of the Site.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the products you have purchased, you agree that we may, at our option, suspend or terminate delivery of products and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Purchases of other products and services through our Sitemay be subject to other terms and conditions that are presented to you at the time of purchase.
Your use of the Site, (whether accessed via the Web or through a mobile application), is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on our Sites, Blogs or Social Media Websites. Bubblecorn does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Site or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will Bubblecorn be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site or the Services.
Your use of software made available by Bubblecorn is subject to any license agreement or user agreement that accompanies or is included with the software, the download and upload processes and documents that accompany the software ("License Terms"). In the event that software is provided on or through the Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.
You agree NOT to use the Site or the Services to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Bubblecorn representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
- upload, post, email, transmit or otherwise make available any content that you do not have a legal right to make available
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation or promotion;
- upload, post, email, transmit or otherwise make available any material that contains malicious software;
- interfere with or disrupt the Site or Services or servers or networks connected to the Site or the Services;
- violate any applicable laws or any regulations having the force of law; or
- "stalk" or otherwise harass another person.
Bubblecorn has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates this Agreement or is otherwise objectionable.
You bear all risks associated with the use of any content on the Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge that Bubblecorn may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Bubblecorn, its users and the public.
The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by Bubblecornand/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.
No Automated Querying
You may not send automated queries of any sort to Bubblecorn Site or systems without express permission in advance from Bubblecorn. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to Bubblecorn to determine how a website or webpage "ranks" on the Site for various queries;
- "meta-searching" Bubblecorn or any of its Sites; and
- performing "offline" searches on our Sites.
Please do not request permission to "meta-search" Bubblecorn for a research project, as such requests will not be granted.
Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Bubblecorn and grant the licenses set forth above; (ii) Bubblecorn will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe on any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
In the event that you have a dispute with one or more other sues of the Site, you agree to release Bubblecorn, its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising our of or in any way connected with such disputes.
Indemnity and Defense
You will defend, indemnify and hold harmless Bubblecornand its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
Limitation of Liability
Bubblecornwill not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this Agreement, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.
Disclaimer of Warranties
The Site and the Services are provided on an “as is” and “as available” basis. Bubblecornmakes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law Bubblecorn disclaims any and all such warranties including without limitation:
- Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- That the information, content and materials included on the Site will be as represented;
- Any implied warranty arising from course of dealing or usage of trade; and
- Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Bubblecorn.
Electronic Delivery of Notices
By using the Site or the Services you consent to electronically receive from Bubblecorn any communications including notices, agreements, legally required disclosures or other information in connection with the Services. Bubblecorn may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.
Venue and Applicable Law
Bubblecorn Sites are created, operated and controlled by Bubblecorn in the State of New York, United States of America. This agreement shall be interpreted, construed, enforced and governed by and in accordance with the laws of the State of New York, and that the Courts of the New York be the Courts of Jurisdiction and Venue for any litigation, special proceeding or other proceedings that may be brought, or arise out of, in connection with, or by reason of this Agreement. Each party hereby consents to the jurisdiction of such Courts.
In the event that any provision of this Agreement is held to be invalid or unenforceable the remaining provisions of this Agreement will remain in full force and effect.
Bubblecorn will not be considered to have waived any of rights or remedies described in this Agreement unless the waiver is in writing and signed by Bubblecorn. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Bubblecorn’s right to subsequently enforce such provision or any other provisions of this Agreement.
Relationship of Parties
Bubblecorn is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement is intended for the sole and exclusive benefit of Bubblecorn and you.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in all locations outside the United States. Those who choose to access our Sites from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
No Resale Right
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you in these Terms.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
This Agreement, including any provisions incorporated by reference constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.