Bubble Joy Terms and Conditions

Terms and Conditions of Use

(Last modified on Dec 26th, 2007)

Bubble Joy is owned and operated by kShermanStudios LLC..

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

PARENTAL ADVICE
YOU MUST BE AT LEAST 13 YEARS OLD TO USE BUBBLE JOY. IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS OR GUARDIANS.

By using this site and our service, 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 Bubble Joy and kShermanStudios LLC., referred to here as kSS and collectively "we," "us," or "our", including bubblejoy.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.

Restrictions on Use of Materials
The contents of our site is protected by copyright and trademark laws, and are the property of kSS. Unless we say otherwise, you may access the materials located within the site only for use within our site as defined the terms of this document. 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 Bubble Joy 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 Bubble Joy 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 Bubble Joy servers without the owner's prior written consent.

General Prohibitions
As a condition to your use of the Bubble Joy 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
Access, tamper with, or use any non-public areas of Bubble Joy service or Bubble Joy's computer systems or the technical delivery systems of Bubble Joy's providers;
Attempt to probe, scan, or test the vulnerability of the Bubble Joy service 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 service;
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 Bubble Joy 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 Bubble Joy servers.
Impersonate or misrepresent your affiliation with any person or entity.

Bubble Joy 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. Bubble Joy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Bubble Joy has no obligation to monitor your access to or use of the Bubble Joy service, but has the right to do so for the purpose of operating the Bubble Joy service, 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.

Ownership
The Bubble Joy Applications and Code, as well as the all copyright and intellectual property rights, are the exclusive property of Bubble Joy and kShermanStudios LLC. By using our Bubble Joy service, Applications and Code, you acquire no title, right or interest in the Applications and Code other than the as defined herein.

Reverse Engineering
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.

Links
Bubble Joy may make available links to third-party websites. You acknowledge and agree that Bubble Joy 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 Bubble Joy 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.

Bandwidth Usage
We may, at our discretion, suspend or terminate any account and remove video files of any member with or without notice, who's Bubble Joy video playback usage exceeds our internally defined bandwidth useage limits. Bubble Joy bandwidth limits are designed to adequately cover our users message stream requirements, so as long as bandwidth usage stays within usage parameters. If for some reason a video card bandwidth usage starts to effect the performance of other accounts, it is at our sole discretion to suspend or terminate the video card and/or remove your video message without notice.

Disclaimers
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 BUBBLE JOY 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 site. 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.

Privacy Policy
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).

By using any of our sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the sites following the posting of changes to these terms will mean that you accept those changes.

Jurisdictional Issues
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.

Miscellaneous
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.