These BubbleLife Partner's Terms and Conditions of Use of BubbleLife Media LLC ("BubbleLife," "we," or "us"), together with the BubbleLife Website and Products Terms and Conditions of Use and the BubbleLife Privacy Statement (collectively, the "Terms"), govern your use of BubbleLife's Partners Program (the "Partners Program"). These Terms describe the permitted and prohibited uses of the Partners Program, among other things. Your access or use of the Partners Program in any way evidences your acceptance of the then current version of these Terms, and any related rules and guidelines. We reserve the right to modify these Terms at any time and without notice, effective upon posting of the modified Terms on the Partners Program or our other websites. Your access to or use of the Partners Program after such posting or notification constitutes your acceptance of such modifications. Your violation of these Terms may result in the suspension or termination of your access or use of the Partners Program.
We are not responsible for and do not endorse, support or otherwise approve of any products or services promoted at or made available through the Partners Program. Messages, promotional materials, feedback, reviews and other content, including images and videos, and any product or service offerings themselves posted to the Partners Program by Partners Program merchants and providers or by Partners Program users (the "Third Party Materials") are solely the opinion and responsibility of the person posting the same.
We have the right (but not the obligation), (a) to pre-screen or review any product or service on the Marketing and remove the same from the Partners Program and (b) to monitor and edit or remove any activity or content on the Partners Program. Unless otherwise required by applicable law, we have no duty to correct any false, misleading or erroneous statements or content of any third party on any part of the Partners Program.
Use Your Common Sense
The Partners Program is intended to provide our customers with the opportunity to become aware of and review products and services that such customers may find helpful. Vendors in the Partners Program may include individuals, businesses and non-profits, small businesses, subject matter experts and novices. As a result, some postings or product and service offerings could reflect considerable technical experience and insight, while others might not. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) various product and service offerings and postings in the Partners Program.
Participants may post hypertext links to content hosted and maintained by third parties to the Partners Program. We do not moderate or control these linked sites, and are not responsible for them. Your access to any linked sites and use of any content found at such sites is at your own risk, so you should use good judgment before you click on any link or access any linked site.
Advertisement, in the body of postings, is permissible as long as it is an appropriate product or service for our customers.
We reserve the right, at any time and from time to time, to delete, modify, suspend or discontinue, temporarily or permanently, the Partners Program (or any part thereof, including any postings) with or without notice. You agree that we shall not be liable to you or to any third party for any deletion, modification, suspension or discontinuance of the Partners Program.
MOST OF THE THIRD PARTY MATERIALS ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD PARTY MATERIALS ARE THE SOLE RESPONSIBILITY OF THE PERSON OR ENTITY ORIGINATING SUCH MATERIALS. YOU AGREE THAT WE DO NOT ENDORSE, CONTROL, AND ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR SUCH THIRD PARTY MATERIALS OR FOR ANY PURCHASE OR OTHER TRANSACTION RESULTING FROM OR ASSOCIATED WITH YOUR USE OF THE Partners Program.
YOU EXPRESSLY AGREE THAT THE Partners Program (INCLUDING THE THIRD PARTY MATERIALS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE Partners Program (INCLUDING THE THIRD PARTY MATERIALS) AND ANY RELIANCE BY YOU UPON THE SAME, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY THIRD PARTY MATERIALS OR THE Partners Program ITSELF. WE DO NOT WARRANT THAT THE USE OF THE Partners Program WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE Partners Program IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO THE Partners Program (INCLUDING THE THIRD PARTY MATERIALS). YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF BubbleLife, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BubbleLife OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "BubbleLife") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BubbleLife SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF BubbleLife TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO $100, LESS ANY DAMAGES PREVIOUSLY PAID BY BubbleLife TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree that we have entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
Per the terms of the BubbleLife Website and Products Terms and Conditions of Use, you agree to defend, indemnify and hold harmless us and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of these Terms; (b) arises from your use of the Partners Program (including the Third Party Materials), (c) arises from any transaction completed in connection with your use of the Partners Program, (d) arises from your violation of any rights of another, or (e) arises from your activities or postings in the Partners Program. You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the Partners Program for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Partners Program, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
Only persons aged 18 or over may access and use the Partners Program, without regard to whether an adult actually owns the registration or parental/guardian permission.
Reporters, researchers, and third party representatives need permission prior to posting, emailing members, or publishing Partners Program content in their official capacity.
These Terms are a complete statement of the agreement between you and BubbleLife and set forth the entire liability of BubbleLife and your exclusive remedy with respect to your access and use of the Partners Program. In the event of a conflict between these BubbleLife Partners Terms and Conditions of Use and either the BubbleLife Privacy Statement or the BubbleLife Website and Products Terms and Conditions of Use, these BubbleLife Partners Terms and Conditions of Use shall prevail. The agents and employees of BubbleLife are not authorized to make modifications to these Terms, or to make any additional representations, commitments or warranties binding on BubbleLife.
Any waiver of the terms herein by us must be in a writing signed by an authorized officer of BubbleLife and expressly referencing the applicable provisions of these Terms.
Your privilege to use or access the Partners Program may be terminated by us immediately and without notice for any reason, including if you fail to comply with any term or condition of these Terms. Upon such termination, you must immediately cease accessing or using the Partners Program.
If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
These Terms shall be governed by the laws of the state of Texas, USA and all claims relating to or arising out of these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the state of Texas, in each case, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with these Terms shall be brought in the state or federal courts located in Dallas, Texas.
January 1, 2014
BUBBLELIFE® is a registered trademark and BUBBLELIFE MEDIA, BUBBLECOMMUNITIES and NEIGHBORHOOD BRANDS are trademarks
of BubbleLife Media LLC. Unauthorized use is prohibited.
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