By using any of the BubbleLife Media LLC ("BubbleLife")
websites including but not limited to www.bubblelife.com,
www.bleacherlife.com, www.feedletters.com and www.eatgreendfw.com
("Site or Sites"), you agree to these
Terms and Conditions. Please read this agreement carefully to understand your usage
privileges and limitations. These Terms and Conditions cover any data, messages,
pictures, files, articles, stories, sounds, videos or other electronic materials
("Content") contained on the Site or submitted by you for use on
the Site. BubbleLife reserves the right, at its discretion, to change or modify
all or any part of these Terms and Conditions at any time. Please review these Terms
and Conditions from time to time to ensure that you are aware of any changes.
1. What Can I Do With the Site Content?
All Site Content and the selection and arrangement thereof are the property
of BubbleLife or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their respective copyright
owners. Any use of materials on this site other than as described in these Terms
and Conditions is strictly prohibited, including but not limited to the distribution
or modification of the materials, the use of the materials on another website, the
creation of derivative works, and the use of the materials for any public or commercial
purpose. You agree that you will not reverse engineer or otherwise investigate the
site's internal operations.
You agree to use the Site only for its intended, lawful purposes and in accordance
with all applicable law. You agree not to use this Site in any manner that interferes
with its normal operation or with any other user's use and enjoyment of the Site.
You further agree that you will not access this site by any means except through
the interface provided by BubbleLife and that you will not access this Site from
any territory where its contents are illegal.
2. Who Can Be a Site Member?
Site membership is available to anyone 13 years of age or older who
truthfully and accurately registers all required information (including a legitimate
email address) and obtains a unique site username and password. Persons under
the age of 13 cannot become a member. You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
3. Can I Have More Than One Membership?
Each member may have only one account per email address. At no time, are
multiple accounts to be used in any way that attempts to deceive or subvert other
users of the site. At BubbleLife's complete and total discretion, accounts may be
suspend or deleted.
4. What Happens if I Violate These Terms and Conditions?
BubbleLife reserves the right to terminate any Membership at any time,
for any reason or for no reason, with or without notice. In addition, members who
violate these Terms and Conditions may have their membership terminated, services
canceled, and their Content, or portions thereof, suspended, deleted or removed
without warning. BubbleLife will not return any removed Content to a member. BubbleLife
is not responsible for any loss resulting from termination of membership or removal
of member Content.
5. What Content or Materials Are Not Allowed on The Site?
While BubbleLife makes all reasonable attempts to remove objectionable
Content, BubbleLife is not responsible for policing the entire Site. Accordingly,
you represent, warrant, and covenant that you shall not upload, post, distribute
or transmit through BubbleLife any information that (i) restricts or inhibits any
other user from using or enjoying this website, (ii) in BubbleLife’s discretion
is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, or indecent, (iii) constitutes or encourages conduct that
would constitute a criminal offense, give rise to civil liability or violate the
law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v)
contains a computer virus or other harmful component, or (vi) constitutes or contains
false or misleading indications of origin or statements of fact.
BubbleLife may examine any materials submitted to the Site at any time in its sole
discretion. You acknowledge that although BubbleLife does not and cannot examine
all Content submitted or transmitted to the Site, BubbleLife has the absolute right
(but not the obligation) to delete, move and edit Content for any reason or no reason,
at any time, with or without notice.
You understand that all Content, whether publicly posted or privately transmitted,
is the sole responsibility of the person from which such Content originated. This
means that you, and not BubbleLife, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the Site. BubbleLife
does not control the Content posted via the Site and does not guarantee the accuracy,
integrity or quality of these items. You understand that by using the Site, you
may be exposed to Content that are offensive, indecent or objectionable. Under no
circumstances will BubbleLife be liable in any way for any content on the Site,
including, but not limited to, for any errors or omissions in any materials, or
for any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Site.
6. What are the Rules and Policies Concerning the Forums?
Considering the real-time nature of our message boards and chat rooms,
and the number of messages posted, it is impossible for us to review all of the
messages or confirm the validity of information posted. Although we monitor the
contents of our message boards and chat rooms, we are not responsible for any messages
posted. We do not vouch for or warrant the accuracy, completeness, timeliness or
usefulness of any message, and are not responsible for the contents of any message.
The messages express the views of the author of the message, not necessarily the
views of BubbleLife.
Any user who feels that a posted message is objectionable is encouraged to contact
us immediately. We have the ability to remove objectionable messages and we will
make every effort to do so, within a reasonable time frame, if we determine that
removal is necessary. This is a manual process, however, so please realize that
we may not be able to remove or edit particular messages immediately. Under no circumstances
shall BubbleLife be liable for any direct, indirect, incidental, special or consequential
damages that result from use of, or the inability to use a message board. You specifically
acknowledge and agree that BubbleLife shall not be liable to you for any defamatory,
offensive or illegal conduct of any other user.
You agree, through your use of this service, that you will not use our message boards
or chat rooms to post any material which is knowingly false and/or defamatory, inaccurate,
abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening,
invasive of a person's privacy, advocates any illegal or dangerous activity, or
otherwise violates any law, or that contains any virus or other harmful component.
This means that you agree not to say bad things about someone else, send them unwanted
messages, or attack their race, heritage, etc. You agree not to post any material
that infringes upon or violates any party's copyright, trademark, trade secret or
other proprietary rights. With respect to copyright law, be advised that posting
any third party's copyrighted work on our boards may violate the owner's copyright.
You also may not include in any message that you post anywhere on BubbleLife any
link to any site that violates any of the foregoing terms and conditions.
We reserve the right to delete any message for any or no reason whatsoever. You
remain solely responsible for the content of your messages, and you agree to indemnify
and hold harmless BubbleLife and its agents with respect to any claim based upon
transmission of your message(s).
We also reserve the right to reveal your identity (or whatever information we know
about you) in the event of a complaint or legal action arising from any message
posted by you.
Please note that spam, chain letters, pyramid schemes, and other such solicitations
are inappropriate on our web site and posting of any of these or other repetitive
postings may constitute a violation of our rights for which we reserve the right
to take legal action.
We also reserve the right to terminate access to the site to those who engage in
any violations of these rules.
7. How Do the Copyright Laws Apply to Content I Submit to the Site?
As a condition of membership, you hereby grant BubbleLife a perpetual,
universal, nonexclusive right to copy, display, modify, alter, transmit and distribute
any Content stored by you or otherwise provided by you to the BubbleLife. You represent
and guarantee to BubbleLife, as a condition of membership, that you are the legal
owner of the copyright to all Content you submit to BubbleLife or that you have
permission from the copyright owner to submit the Content to BubbleLife.
Digital Millennium Copyright Act
BubbleLife respects the intellectual property of others and complies with
the Digital Millennium Copyright Act (the "DMCA"). The DMCA, which heightens
the penalties for copyright infringement on the Internet, sets forth the following
requirements for notifying online service providers of alleged copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please send notice of your claim to:
BubbleLife Media LLC
4600 Greenville Ave, Suite 240
Dallas, TX 75206
It is BubbleLife's policy to expeditiously remove content that is the subject of
a correctly prepared notice under the DMCA. To be effective, your notice of copyright
infringement must be written and must include the following (For more details on
the information required for valid notification, see 17 U.S.C. § 512(c)(3)):
- Your signature (physical or electronic) or the signature of a person authorized
to act on your behalf.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing as well as information
reasonably sufficient to permit BubbleLife to locate the material.
- Information reasonably sufficient to permit BubbleLife to contact you, such as
an address, telephone number, and, if available, an electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by you, your agent, or the law.
- A statement that, under penalty of perjury, the information in the notification
BubbleLife encourages you to consult a lawyer before submitting a notice of copyright
infringement. You should be aware that, under the DMCA, claimants who make misrepresentations
concerning copyright infringement may be liable for damages incurred as a result
of the removal or blocking of the material, court costs, and attorneys’ fees.
8. What if the Site or a Feature on the Site is not Working?
BubbleLife does not warrant that the Site will function uninterrupted or
error-free, that any defects will be corrected, or that the server that makes the
site available is free of viruses or other harmful components. BubbleLife may change,
suspend or discontinue all or any aspect of the Site at any time, including the
availability of any database, feature, or content, without prior notice or liability.
9. What if Content I Submit or Use on The Site is Lost or Corrupted?
BubbleLife urges all members to maintain backup versions of their Content
to guard against losses of any kind. BubbleLife is not responsible for any loss
of Content resulting from BubbleLife suspension or deletion of Content, network
or system outages, file corruption or for any other reason. BubbleLife is not required
to return any Content you submit to the Site.
10. What Should I Know About Dealings With Advertisers, Individuals and Businesses Using the Site.
Your correspondence or business dealings with, or participation in promotions
of the advertisers found on or through the Site, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that BubbleLife shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Site.
With your prior permission, individuals or businesses may contact you through email, SMS or other electronic means
using the services that BubbleLife provides to those persons or businesses. BubbleLife has a no tolerance spam policy.
Any BubbleLife user found to be sending spam will be immediately cut-off from use of the service and may be subject
to legal action by BubbleLife, government authorities, or the recipients of those messages.
If you know of or suspect any violators, please notify us immediately.
Every out-going email and instant message sent using the BubbleLife service must contain an unsubscribe link that allows the
recipient to remove themselves from your mailing distribution list(s). Voice broadcasts must also include verbal instructions
on how to be removed from your calling list. In the case of mobile messages, the initial message must include STOP instructions
to opt-out of SMS messages. To unsubscribe, recipients are prompted to text STOP to the short code or phone number that sent the unwanted message.
If the unsubscribe link is removed or de-activated in any way, or if the SMS STOP verbiage is omitted, BubbleLife will terminate the sender's account.
11. What Should I Know About Using the Site to Send Communications?
You agree you will not access or otherwise use ANY third party mailing lists for email addresses,
instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted-in to receive correspondence
from you ("Permission Based Lists") in connection with your use of the service.
You hereby covenant that you shall not use any other lists in connection with your use of the service.
You acknowledge and agree that not all messages sent via BubbleLife's service will be received by their intended recipients. For example, sending a message to a distribution list delivers messages to some unintended recipients by way of your message being forwarded to a changing group of individuals. It is your responsibility to disallow an email address if sending to the address results in message delivery to a distribution list.
You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. Content affiliated with alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted for people under 21 years of age may not be sent through the system.
You agree to identify your organization, product and service accurately and not deceive your recipients
in any message with reference to your identity, offering, availability, pricing, benefits, and any other aspects of your communication.
12. Using Links Found on the Site
The Site may provide, or third parties may provide, links to other websites
or resources. Because BubbleLife has no control over such sites and resources, you
acknowledge and agree that BubbleLife is not responsible for the availability of
such external websites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that BubbleLife
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or resource.
"BubbleLife" is a registered trademark of BubbleLife Media LLC. "Neighborhood
Brands", "BubbleCommunities", "Neighborhood Marketing Center", "Neighborhood Marketing
Suite", "InTheLoopKids" and all related logos, page headers, custom graphics and
icons are service marks and/or trademarks of BubbleLife Media LLC or its licensors
or affiliates. All other trademarks, service marks, product names and company names
or logos that appear on this site are the property of their respective owners, and
their presence on this site does not represent an endorsement of the site.
14. You Agree To Indemnify BubbleLife.
YOU AGREE TO INDEMNIFY AND HOLD BUBBLELIFE MEDIA LLC, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND
EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING
REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS,
YOUR USE OF THE BUBBLELIFE MEDIA SITES AND SERVICES, AND YOUR VIOLATION OF THE RIGHTS
OF ANY THIRD PARTY, INCLUDING IN EACH CASE THE CONDUCT OF ANOTHER ACCESSING THE
BUBBLELIFE MEDIA SITES OR SERVICES THROUGH YOUR MEMBERSHIP.
15. BubbleLife Makes No Warranties.
THE CONTENT CONTAINED IN THIS WEB SITE IS PROVIDED BY BUBBLELIFE MEDIA
LLC AS A SERVICE TO ITS USERS. ALL CONTENT PROVIDED IN THIS WEB SITE IS FOR INFORMATIONAL
PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE FOR ANY PARTICULAR
INDIVIDUAL AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE
FROM A HEALTH CARE PROVIDER. ALL SPECIFIC QUESTIONS YOU HAVE ABOUT YOUR CHILD'S
MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN
PROFESSIONAL HEALTHCARE PROVIDER. YOU AGREE THAT IT IS NOT YOUR INTENT TO ESTABLISH
A PHYSICIAN-PATIENT RELATIONSHIP WITH BUBBLELIFE MEDIA LLC.
EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, LIFE DOES NOT ENDORSE, OPERATE,
CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION,
OR SERVICES ON THE WEB SITE, IN ANY WAY.
THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUBBLELIFE MEDIA LLC, ITS ADVISORS,
CONSULTANTS, AND STAFF, AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR
MAINTAIN THE SITE (COLLECTIVELY "BUBBLELIFE") ARE NOT LIABLE FOR ANY DAMAGES THAT
MAY RESULT FROM YOUR USE OF THE SITE AND DISCLAIM AND EXCLUDE ALL WARRANTIES WITH
RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE, EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BUBBLELIFE MEDIA LLC DOES NOT WARRANT THAT CONTENT OR SERVICES CONTAINED ON ITS
SITES WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR. BUBBLELIFE
MEDIA LLC DISCLAIMS ALL LIABILITY FOR CONTENT POSTED BY YOU OR OTHERS AND DISCLAIMS
ANY OBLIGATIONS IT HAS TO REVIEW OR PRESCREEN THAT CONTENT.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK,
THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE
OF THIS WEB SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS
16. Limited Liability of BubbleLife.
BUBBLELIFE MEDIA LLC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws
of the State of Texas, without regard to its conflict of laws provisions. By using
the BubbleLife Sites, you agree to personal jurisdiction of the state and federal
courts of the State of Texas in Dallas County. Regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to these
Terms and Conditions or the use of this Site must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
18. This is The Entire Agreement Between You and BubbleLife.
These Terms and Conditions are the entire agreement between you and BubbleLife
and govern your use of the BubbleLife Site and services. This agreement supersedes
any prior agreements between you and BubbleLife. The failure of BubbleLife to enforce
any right or provision of this agreement does not constitute a waiver of the right
or provision. If any portion of this agreement is deemed to be invalid, the other
portions of the agreement will remain in full force and effect.
March 1, 2013