Terms of Use
Your access to, browsing and/or use of this site are subject to the following Terms & Conditions, any other terms, conditions or guidelines set out elsewhere in this site, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, pornography, defamation, and Export Controls laws. By using this site, you agree that you are 13 years of age or older and you accept and agree to be bound by the above and the following Terms & Conditions:
1. Content and Accuracy of Information. While BuboMe.com, ("BUBOME") takes reasonable steps to ensure that the information, images, text or links (the "Information") contained in this site are accurate and complete, BUBOME makes no representations or warranties as to the completeness or accuracy of the Information. BUBOME hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this site generally.
2. Your Use of Content on the Site. The following restrictions and conditions apply specifically to your use of content on the BUBOME Website.
A. The content on the BUBOME Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BUBOME, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BUBOME reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
for your information and personal use; as intended through the normal functionality of the BUBOME Service;
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the BUBOME Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the BUBOME Service or otherwise as prohibited under this Agreement.
D. You may access BUBOME Content, User Submissions and other content only as permitted under this Agreement. BUBOME reserves all rights not expressly granted in and to the BUBOME Content and the BUBOME Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the BUBOME Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BUBOME Website or the Content therein.
G. You understand that when using the BUBOME Website, you will be exposed to User Submissions from a variety of sources, and that BUBOME is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BUBOME with respect thereto, and agree to indemnify and hold BUBOME, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
3. Your User Submissions and Conduct.A. As a BUBOME account holder you may submit image content ("User Images") and textual content ("User Comments"). User Images and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, BUBOME does not guarantee any confidentiality with respect to any User Submissions.
B. 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 BUBOME 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.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BUBOME, you hereby grant BUBOME 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 BUBOME Website and BUBOME's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the BUBOME Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BUBOME Website a non-exclusive license to access your User Submissions through the Website, 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 Images terminate within a commercially reasonable time after you remove or delete your User Images from the BUBOME Service. You understand and agree, however, that BUBOME 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.
D. 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 BUBOME all of the license rights granted herein.
E. BUBOME does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BUBOME expressly disclaims any and all liability in connection with User Submissions. BUBOME does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BUBOME will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BUBOME reserves the right to remove Content and User Submissions without prior notice.
4. Content/Activity Prohibited. You must use the BUBOME Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the BUBOME Services. BUBOME reserves the right to investigate and take appropriate legal action against anyone who, in BUBOME's sole discretion, violates this provision, including without limitation, removing the offending Content from the BUBOME Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of BUBOME:
4.2 harasses or advocates harassment of another person;
4.3 exploits people in a sexual or violent manner;
4.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
4.5 solicits personal information from anyone under 18;
4.6 publicly posts information that poses or creates a privacy or security risk to any person;
4.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
4.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
4.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
4.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
4.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
4.13 involves commercial activities and/or sales without prior written consent from BUBOME such as contests, sweepstakes, barter, advertising, or pyramid schemes;
4.14 includes a photograph or video of another person that you have posted without that person's consent; or
4.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
5. Copyright Complaints. BUBOME respects the intellectual property of others. It is BUBOME's policy to respond expeditiously to claims of copyright and other intellectual property infringement. BUBOME will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, BUBOME may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BUBOME will terminate access for subscribers and account holders who are repeat infringers.
Notifying BUBOME of Copyright Infringement: To provide BUBOME notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of bubome@gmail.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that by posting your notifiation to us, you hereby state that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing BUBOME with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide BUBOME with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at bubome@gmail.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
6. Limitations of Liability. YOUR ACCESSING OR USE OF THIS SITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS SITE "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, BUBOME ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. BUBOME SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE, OR FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY IMAGES, INFORMATION OR MATERIALS.
The submission of any image to us for posting on the internet, or any other handling constitutes an agreement by you that if such image is damaged, lost or mishandled by our company or any affiliated company, agents, or employees, even though due to the negligence or other fault of any of the foregoing, or if any damage (including damage to computers or any other equipment or systems) is caused by any product or service provided hereunder, or if unauthorized access is gained or misuse of an image is made by any third party, our liability will be limited, at our option, to replacement of an equivalent amount of unexposed film and processing or a full refund of any monies paid by you to us. The foregoing will be the exclusive remedy for any such loss, damage or mishandling. Except for such replacement or refund, the acceptance for processing, printing, posting on the internet, or handling of any images is without any warranty whatsoever (whether expressed or implied, including any warranty of merchantability or fitness for a particular purpose) or other liability of any kind. Recovery for any special, incidental or consequential damages is specifically excluded.
7. Revisions and Updates. The Information is provided by BUBOME as a convenience and is subject to change without notice. BUBOME may, at any time and from time to time, revise these Terms and Conditions and the content of this site generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Update and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current Terms and Conditions and review the site generally to familiarize yourself with any Updates and Revisions.
