1. Your relationship with the bubble
1.1 Your use of the the bubble portal (the "Portal") and any the bubble products, software, data feeds and services, including the bubble embeddable video provided to you on or from or through the Portal by the bubble (collectively the "Service") is subject to the terms of a legal agreement between you and the bubble.
1.3 These Terms form a legally binding agreement between you and the bubble in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that the bubble will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with the bubble, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
3. Changes to the Terms
the bubble reserves the right to make changes the Terms from time to time, therefore you must look at the Terms regularly to check for such changes. If you do not agree to any modified terms you must stop using the Service. Your continued use of the Service after the date the modified terms are posted will constitute your acceptance of the modified terms.
4. the bubble accounts
4.1 In order to access some features of the Portal or other elements of the Service, you may have to create a the bubble account. When creating your account, you must provide accurate and complete information. It is important that you must keep your the bubble account password secure and confidential.
4.2 You must notify the bubble immediately of any breach of security or unauthorised use of your the bubble account that you become aware of.
4.3 You agree that you will be solely responsible (to the bubble, and to others) for all activity that occurs under your the bubble account.
5. General restrictions on use
5.1 the bubble hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. you agree not to distribute any part of or parts of the Portal or the Service, including but not limited to any Content, in any medium without the bubble's prior written authorisation, unless the bubble makes available the means for such distribution through functionality offered by the Service;
B. you agree not to alter or modify any part of the Portal or any of the Service (including but not limited to the the bubble Player and its related technologies);
C. you agree not to access Content through any technology or means other than the the Portal itself, or such other means as the bubble may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. you agree not to use the Service for any of the following commercial uses unless you obtain the bubble's prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or Portal containing Content delivered via the Service unless other material not obtained from the bubble appears on the same page and is of sufficient value to be the basis for such sales
F. prohibited commercial uses shall not include any use that is expressly authorised by the bubble in writing;
G. if you advertise the the bubble service you are required to have approval for all use of logos and copyright material.
H. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the the bubble servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
I. you agree not to collect or harvest any personal data of any user of the Portal or any Service (and agree that this shall be deemed to include the bubble account names);
J. you agree not to use the Portal or the Services (including the comments and email features in the Portal) for the solicitation of business in the course of trade or in connection with a commercial enterprise unless expressly agreed by the bubble in writing;
K. you agree not to solicit, for commercial purposes, any users of the Portal with respect to their Content; and
L. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and video shall be solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by the bubble via a WiFi connection to a user operating a device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
M. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the bubble or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms and the the bubble Community Guidelines at all times during your use of the Service.
5.3 the bubble is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which the bubble provides may change from time to time without prior notice to you.
5.4 As part of this continuing innovation, you acknowledge and agree that the bubble may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at the bubble's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform the bubble when you stop using the Service.
5.5 You agree that you are solely responsible for (and that the bubble has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the bubble may suffer) of any such breach.
6. Copyright policy
6.1 the bubble operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
6.2 As part of the bubble's copyright policy, the bubble will terminate user access to the /Service if a user has been determined to be an infringer.
7. Content and Publishing Content
7.1 As a the bubble account holder you may submit Content. You understand that whether or not Content is published, the bubble does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to the bubble and other users of the Service.
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of publishing it. the bubble does not endorse any Content or any opinion, recommendation, or advice expressed therein, and the bubble expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable the bubble to use your Content for the purposes of the provision of the Service by the bubble, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for the bubble to use or possess in connection with the provision of the Service.
7.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant the bubble the licence referred to in paragraph 8.1 below.
7.7 On becoming aware of any potential violation of these Terms, the bubble reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the bubble with respect to any such Content.
8. Rights you licence
8.1 When you arrange for Content to be displayed by the bubble, you grant:
A. to the bubble, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and the bubble's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminates when the bubble removes or deletes your Content from the Portal. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable.
9. the bubble content on the Portal
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to the bubble, and is subject to copyright, trade mark rights, and other intellectual property rights of the bubble or the bubble's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the bubble or, where applicable, the bubble's licensors. the bubble and its licensors reserve all rights not expressly granted in and to their Content.
10. Exclusion of Warranties
10.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
10.2 The Service is provided "as is" and the bubble makes no warranty or representation to you with respect to them.
10.3 In particular the bubble does not represent or warrant to you that:
A. your use of the Service will meet your requirements,
B. your use of the Service will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
10.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
11. Limitation of Liability
11.1 Nothing in these Terms shall exclude or limit the bubble's liability for losses which may not be lawfully excluded or limited by applicable law.
11.2 Subject to the overall provisions above the bubble shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which the bubble may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide the bubble with accurate account information;
v. your failure to keep your password or the bubble account details secure and confidential.
11.3 The limitations on the bubble's liability to you shall apply whether or not the bubble has been advised of or should have been aware of the possibility of any such losses arising.
12. General legal terms
12.1 The Terms constitute the whole legal agreement between you and the bubble and govern your use of the Service and completely replace any prior agreements between you and the bubble in relation to the Service.
12.2 You agree that the bubble may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
12.3 You agree that if the bubble does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the bubble has the benefit of under any applicable law), this will not be taken to be a formal waiver of the bubble's rights and that those rights or remedies will still be available to the bubble.
12.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
12.5 You acknowledge and agree that each member of the group of companies of which the bubble is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
12.6 The Terms, and your relationship with the bubble under the Terms, shall be governed by English law. You and the bubble agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the bubble shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
