Terms of use
Bubblehouse Terms of Service
Last Updated: 01/17/2022
Welcome, and thank you for your interest in Prairie Group Inc. d/b/a Bubblehouse (“Prairie Group,” “Bubblehouse”, “we,” or “us”) and our website at www.bubblehouse.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Bubblehouse regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY DOWNLOADING, INSTALLING, LOGGING INTO YOUR ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BUBBLEHOUSE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND BUBBLEHOUSE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BUBBLEHOUSE AND BY YOU TO BE BOUND BY THESE TERMS.
1. Bubblehouse Overview. Bubblehouse offers an entertainment platform that gives artist creators (“Creators”) access to a suite of tools that allow Creators to create and sell certain limited Creator digital content, including non-fungible tokens (“NFTs,” and such digital content “Creator Content”) to other users of the Service (“Collectors”) through a digital marketplace (“Marketplace”). Creators and Collectors are, collectively, “Users” and, each, a “User” or “you”.
2. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY BUBBLEHOUSE. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and entered into these Terms on your behalf. If you are under the age of 18, then your parent or legal guardian must create an account on your behalf and may be required to enter their credit card or debit card information before you can participate in the Marketplace or purchase NFTs. If you are using the Service on behalf of an entity (including a band) or organization, then you represent and warrant that you have the authority to bind that entity or organization to these Terms and you agree to be bound by these Terms on behalf of that entity or organization. If you are a Creator, then we may require that you verify your identity.
3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as a username, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You are prohibited from sharing your account information and access to the Service through your account with others; provided that if you are a Creator, you may share your account information with professional staff in charge of managing your account; provided, further, that such professional staff agree to be bound by these Terms. We may suspend or terminate your account if we believe you have shared your account information with a third party. If you believe that your account is no longer secure, then you must immediately notify us at contact@bubblehouse.com. We reserve the right, in our sole discretion, to disallow, cancel, remove, or reassign usernames, without liability to you or any third party, and with or without prior notice to you.
4. General Payment Terms. Certain features of the Service may require you to pay fees. Bubblehouse reserves the right to determine pricing for certain functionality offered via the Service as Bubblehouse may make available or change from time to time in its sole discretion. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Bubblehouse, at its sole discretion, may make promotional offers with different features and different pricing to any of Bubblehouse’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.1 Authorization. You authorize Bubblehouse and its third-party payment processors to charge all sums for the orders that you make through the Service, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Bubblehouse or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.2 Delinquent Accounts. Bubblehouse may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for an applicable order, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
5. Marketplace
5.1 Buying and Selling Creator Content. Bubblehouse allows Users to buy and sell NFTs and other Creator Content to other Users through the Service. A Creator has the right to set the initial price for Creator Content and each Collector has the right to set the resale price for any subsequent sales. Bubblehouse collects certain service fees in connection with buying and selling Creator Content through our Service. Bubblehouse reserves the right to set all prices for its service fees. More information on service fees can be found here. Any fees earned through the sale of Creator Content on the service will be held in an electronic wallet (“Wallet”) provided to you in connection with your account. You may request a withdrawal of funds from your Wallet by contacting payments@bubblehouse.com. All payments for Creator Content are final and not refundable or exchangeable, except as required by applicable law.
5.2 License to NFTs and Other Creator Content. If you are a Creator selling Creator Content through the Service, then you grant to the Collector purchasing such Creator Content, a limited, perpetual license to publicly display, perform, distribute and reproduce the Creator Content solely for the Collector’s personal, non-commercial use (except as expressly permitted in these Terms). If you are a Collector purchasing Creator Content through the Service, then your purchase of any Creator Content, including any NFT, through the Service results in a limited license grant to you and your purchase of Creator Content does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the Creator Content for any commercial purpose (i.e., you may not intentionally or purposefully monetize the Creator Content (except in connection with a sale of such Creator Content)). IF YOU ARE A COLLECTOR PURCHASING CREATOR CONTENT, THEN YOU FURTHER AGREE THAT YOU ARE NOT RECEIVING ANY COPYRIGHT INTEREST IN THE CREATOR CONTENT. Any commercial use or exploitation of the Creator Content could subject you to claims of copyright infringement. If you are a Creator or a Collector selling any Creator Content, then you agree that the terms of this Section 5.2 will govern the initial sale of any Creator Content and any subsequent sale of such Creator Content. If you sell any Creator Content through the Service, you further agree that you will not have any claims against Bubblehouse for any breach of Section 5.2 by a Collector. If you purchase any Creator Content, then you agree to use the Creator Content in accordance with this Section 5.2. IF YOU PURCHASE ANY CREATOR CONTENT THROUGH THE SERVICE, YOU HEREBY AGREE TO HOLD BUBBLEHOUSE AND THE CREATOR HARMLESS FROM AND AGAINST ANY AND ALL VIOLATIONS OR BREACHES OF THIS SECTION 5.2.
5.3 Additional Terms for Creators. Bubblehouse collects certain service fees from our Creators for selling Creator Content via the Service. You agree that you are responsible for setting the price for any Creator Content that you make available via the Service. Bubblehouse reserves the right to set all prices for its service fees. We will pay you a percentage of the fees collected in connection with sale and resale of your Creator Content subject to the deduction of applicable service fees (“Creator Revenue”). More information on the Creator Revenue can be found here.
5.4 Disputes. BUBBLEHOUSE will not be a party to any disputeS OR NEGOTIATIONS OF DISPUTES between CREATORs and other users. You agree to resolve all such disputes WITH ANY OTHER USERS OF THE SERVICE without involving BUBBLEHOUSE in such dispute. THE QUALITY OF THE CREATOR CONTENT PURCHASED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE CREATOR. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING CREATOR CONTENT OFFERED VIA THE SERVICE RESTS SOLELY WITH YOU. IF BUBBLEHOUSE IS REQUIRED TO PARTICIPATE IN ANY SUCH DISPUTE, THEN YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BUBBLEHOUSE FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY SUCH DISPUTE
6. Licenses from Bubblehouse to You
6.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Bubblehouse grants you, solely for your personal, non-commercial use (except as expressly permitted in these Terms), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
6.2 License Restrictions. Except as expressly authorized by Bubblehouse and except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to: (a) reproduce, distribute, publicly display, or publicly perform the Service and any content made available on or through the Service (collectively, the “Offering”); (b) make modifications to the Offering; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, or attempt to derive the source code of the Service; (e) sell, resell, license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Offering or any part thereof; or (f) make any other use of the Offering, Materials (defined below), or any other content provided by Bubblehouse or its Users on or through the Service, including any data concerning other Users of the Service, except as expressly authorized by Bubblehouse in these Terms. If you are prohibited under applicable law from using the Service, you may not use it.
6.3 Feedback. If you choose to provide ideas, input or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Bubblehouse an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without any obligation of attribution or compensation to you for such Feedback.
7. User Content
7.1 Definition. “User Content” means any content that you display, submit, webcast or otherwise transmit (collectively, “Post”) to the Service, including, without limitation, text, biographical information, written comments, and Creator Content (including, with respect to any Creator Content, including NFTs, any third-party content included therein, including, without limitation, any audiovisual works, sound recordings or musical works), photos, video, images, audio (including voice), links to third-party websites, and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any Materials and Feedback.
7.2 Your Rights to User Content. YOU RETAIN THE COPYRIGHT AND ANY OTHER PROPRIETARY RIGHTS THAT YOU MAY HOLD IN ANY USER CONTENT THAT YOU POST TO THE SERVICE SUBJECT TO THE RIGHTS THAT YOU GRANT IN THESE TERMS.
7.3 License to Bubblehouse.
a. By Posting User Content, or by otherwise using the Service, you hereby grant to Bubblehouse a non-exclusive, irrevocable (subject to Section 2 and all applicable laws), unrestricted, assignable, sublicensable (through multiple tiers), royalty-free right and license throughout the universe to reproduce, record, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), transmit, retransmit, make available, create derivative works from, monetize, and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, with or without attribution to you and without any obligation to share any revenues or any consideration or value derived from the Use of your User Content, for the purposes of: (i) advertising, marketing, and promoting Bubblehouse, the Service and the availability of content on the Service, including any User Content you Post to the Service; (ii) displaying and sharing your User Content, including NFTs that you own or have the right to display on the Service, to other Users of the Service and on third-party services; (iii) allowing other Users to interact with your User Content as permitted by these Terms and the functionality of the Service; and (iv) providing the Service as authorized by these Terms.
b. You further grant Bubblehouse a royalty-free, sublicensable (through multiple tiers) license (but not the obligation) to Use your user name, image, voice, and likeness to identify you within or as the source of any of your User Content.
c. You must not Post any User Content on or through the Service or transmit to Bubblehouse any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to Bubblehouse will be considered non-confidential and non-proprietary, and treated as such by Bubblehouse, and may be Used by Bubblehouse in accordance with these Terms without notice to you and without any liability to Bubblehouse.
d. For the avoidance of doubt, the rights granted in Sections 7.3(a) through 7.3(c) include, but are not limited to, the right to: (i) reproduce audio-only and audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; (ii) publicly display audiovisual works; (iii) publicly perform and communicate to the public audio-only and audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; and (iv) provide closed captioning or dubbing of alternative languages for any User Content, in each instance of clauses (i) through (iv) on a royalty-free basis. This means that you are granting Bubblehouse the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, an NFT copyright owner, a videogame copyright owner, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
7.4 You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service in compliance with the grant of rights set forth in Section 7.3, including, but not limited to, the name, image, voice, likeness and other personal characteristics of any individual visible or otherwise identifiable in any User Content and any audiovisual works, sound recordings, musical works, or other third-party content embodied in any User Content, including, but not limited to, Creator Content. In addition, if you only own the rights in and to a sound recording or an audiovisual work, but not to the underlying musical works embodied in such sound recording or audiovisual work, then you must not Post such sound recording or audiovisual work to the Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Bubblehouse under these Terms. Upon Bubblehouse’s request, you will provide written confirmation sufficient to show that you are authorized to grant rights in all of the elements of the User Content you Post to the Service in compliance with the grant of rights set forth in Section 7.3.
7.5 Representations and Warranties. You represent and warrant that: (a) you own the User Content Posted by you on the Service or otherwise have the right to grant the license set forth in these Terms; (b) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Content; (c) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (d) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party; and (e) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You agree to pay all monies owing to any person resulting from Posting your User Content on the Service, including from Bubblehouse’s exercise of the license set forth in Section 7.3. If you Post any objectionable content on the Service, then Bubblehouse may – but has no obligation to – take any remedial action that Bubblehouse, in its sole discretion, deems necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your account, removing all of your User Content from the Service and/or reporting you to law enforcement or other authorities, either directly or indirectly.
7.6 Specific Rules for Musical Works, Sound Recordings, and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to Bubblehouse. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into this Agreement with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label, including any NFTs that embody such new recordings. If you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of such musical work to the Service. Finally, you are solely responsible for clearing the rights to any ambient or background music that is included or audible in any User Content you Post to the Service.
7.7 Through-To-The-Audience Rights. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites (defined below) will not have any separate liability to you or any other third party for User Content Posted, viewed, or otherwise used on such External Sites via the Service.
7.8 Waiver of Rights to User Content. Except as set forth in a written and signed agreement entered into between you and Bubblehouse in addition to these Terms, by Posting User Content to the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to the Service.
7.9 Disclaimer. WE ARE UNDER NO OBLIGATION TO USE, EDIT OR CONTROL USER CONTENT THAT YOU OR ANY OTHER USER POSTS ON THE SERVICE AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR USER CONTENT. WE DO NOT GUARANTEE THAT ANY USER CONTENT IS ACCURATE, TRUTHFUL OR APPROPRIATE FOR ITS STATED PURPOSE. BUBBLEHOUSE MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY USER CONTENT THAT IN OUR SOLE JUDGMENT VIOLATES THESE TERMS OR IS OTHERWISE OBJECTIONABLE, SUCH AS, WITHOUT LIMITATION, USER CONTENT THAT BUBBLEHOUSE DETERMINES IS OR COULD BE INTERPRETED TO BE ABUSIVE, BIGOTED, DANGEROUS, DEFAMATORY, FALSE, HARASSING, HARMFUL, INFRINGING, MISLEADING, OBSCENE, OFFENSIVE, PORNOGRAPHIC, RACIST, THREATENING, UNLAWFUL, VIOLENT, VULGAR, OR OTHERWISE INAPPROPRIATE. YOU AGREE TO WAIVE, AND DO WAIVE, ANY LEGAL OR EQUITABLE RIGHT OR REMEDY YOU HAVE OR MAY HAVE AGAINST BUBBLEHOUSE WITH RESPECT TO USER CONTENT. YOU AGREE THAT YOUR ADHERENCE TO OR PARTICIPATION IN ANY ACTION, ACTIVITY, COMMAND, GUIDANCE, OR INSTRUCTION IN CONNECTION WITH USER CONTENT IS DONE SO AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY AND PRUDENT ACTIONS BEFORE ENGAGING IN ANY ACTIVITY THAT HAS A RISK OF HARM, INJURY OR DAMAGE TO ANY PERSON, ANIMAL, OR PROPERTY. YOU FURTHER AGREE THAT YOU WILL HAVE NO RIGHT TO ENFORCE A CLAIM FOR A BREACH OF THESE TERMS AGAINST BUBBLEHOUSE FOR ANY OTHER USER’S USE OF YOUR USER CONTENT IN VIOLATION OF THESE TERMS, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, UNAUTHORIZED USES OF NFTs. IF ANOTHER USER VIOLATES ANY RIGHTS YOU HAVE IN YOUR USER CONTENT, YOU AGREE TO SEEK RELIEF FROM SUCH OTHER USER AND NOT BUBBLEHOUSE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.
7.10 FTC Endorsement Guidelines. Notwithstanding any other provision in these Terms, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (a) make only accurate statements that represent your genuine experience with any product, good or service and (b) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such guides may be amended from time-to-time by the FTC. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.
7.11 Monitoring Content. Bubblehouse does not control and does not have any obligation to monitor: (a) User Content, including, without limitation, Creator Content and NFTs; (b) any content made available by third parties; or (c) the use of the Service by its Users. You acknowledge and agree that Bubblehouse reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Bubblehouse chooses to monitor the content, Bubblehouse still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Bubblehouse reserves the right to remove any User Content from the Service in Bubblehouse’s sole discretion, without notice, and with no further obligation or liability to any User.
8. Ownership; Proprietary Rights; Marks.
8.1 Ownership; Proprietary Rights. The Service is owned and operated by Bubblehouse. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (collectively, “Materials”), including Creator Content, are protected by intellectual property and other laws. All Materials and Creator Content included in the Service are the property of Bubblehouse, Creators, or other third-party licensors of Bubblehouse or Creators. Except as expressly authorized by Bubblehouse, you may not make use of the Materials. Bubblehouse reserves all rights to its Materials not granted expressly in these Terms.
8.2 Marks. The Bubblehouse trademarks, service marks, and logos (collectively, the “Bubblehouse Trademarks”) used and displayed on the Service are Bubblehouse’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the Service may be trademarks or service marks owned by third parties (collectively with the Bubblehouse Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Bubblehouse or the applicable third party, Bubblehouse’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Bubblehouse’s prior express written consent. All goodwill generated from the use of any Bubblehouse Trademark will inure solely to Bubblehouse’s benefit. All goodwill generated from the use of any other Trademark will inure solely to the benefit of the owner of such Trademark.
9. Third-Party Terms
9.1 External Sites. The Service may contain links to, and/or the ability to export User Content to, or embed content in, other websites, apps or other online properties that are not owned or controlled by Bubblehouse (collectively, “External Sites”). The content of External Sites is not developed or provided by Bubblehouse. Bubblehouse is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on External Sites. You should contact the site administrator or webmaster for External Sites if you have any concerns regarding content located on those External Sites. You should take precautions when downloading files from all websites to protect your devices from viruses and other destructive programs. If you decide to access any External Sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any terms of service or similar terms imposed by any External Site in connection with your use of External Sites, including, without limitation, when you export User Content to External Sites.
9.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
10.1 commercialize Creator Content, including in connection with the marketing, advertising, or selling of any third-party product;
10.2 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
10.3 harass, threaten, demean, embarrass, or otherwise harm any other User of the Service;
10.4 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
10.5 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
10.6 make unauthorized recordings or screen captures of any content, including User Content, transmitted on or through the Service;
10.7 interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another User of the Service; (c) collecting personal information about another User or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
10.8 attempt to access or search the Service or content available on the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining, gathering, or extraction tools and the like) other than the software and/or search agents provided by Bubblehouse or other generally available third-party web browsers;
10.9 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission, or provide any false, inaccurate, or misleading information to Bubblehouse;
10.10 use the Service to Post any User Content relating to life-saving or life support systems, information or education, or any subject that could promote or lead to the loss of life or catastrophic property damage;
10.11 sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
10.12 attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
11. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
11.1 Respect of Third Party Rights. Bubblehouse respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on the Service.
11.2 Repeat Infringer Policy. Bubblehouse’s intellectual property policy is to: (a) remove or disable access to material that Bubblehouse believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on the Service; and (b) remove any User Content Posted to the Service by “repeat infringers.” Bubblehouse considers a “repeat infringer” to be any User that has repeatedly infringed or repeatedly been charged with infringing the rights of third parties by Posting User Content to the Service for which Bubblehouse has received takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. Bubblehouse has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Bubblehouse’s own determination.
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Bubblehouse with the User alleged to have infringed a right you own or control, and you hereby consent to Bubblehouse making such disclosure. Your communication must include substantially the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
b. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
c. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bubblehouse to locate the material;
d. Information reasonably sufficient to permit Bubblehouse to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
e. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
11.4 Designated Agent Contact Information. Bubblehouse’s designated agent for receipt of Notifications of Claimed Infringement (“Designated Agent”) can be contacted at:
Via Email: copyright@bubblehouse.com
Via U.S. Mail:
Prairie Group Inc. d/b/a Bubblehouse
Attn: Copyright Manager (Copyright Notification), Copyright Compliance Department
251 Little Falls Drive
City of Wilmington, county of New Castle, Delaware, 19808
11.5 Counter Notification. If you receive a notification from Bubblehouse that material you Posted on the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Bubblehouse with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Bubblehouse’s Designated Agent through one of the methods identified in Section 11.4 above and include substantially the following information:
a. your physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Bubblehouse may be found, and you will accept service of process from the person who provided notification in accordance with Section 11.4 above or an agent of such person.
You should consult a lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid Counter Notification under the Copyright Act.
11.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Bubblehouse in response to a Notification of Claimed Infringement, then Bubblehouse will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Bubblehouse will replace the removed User Content or cease disabling access to it in 10 business days, and Bubblehouse will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Bubblehouse’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Bubblehouse’s system or network.
11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Bubblehouse] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Bubblehouse reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
For clarity, and notwithstanding anything in this Section 11 to the contrary, Bubblehouse in its sole discretion may (but has no obligation to) disclose publicly any and all Notices of Claimed Infringement and Counter Notifications.
12. Modification of these Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
13.2 Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. In addition, Bubblehouse may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at contact@bubblehouse.com.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) all amounts that accrue or are due to you before termination of your use or access to the Service will continue to be payable to you and you must pay Bubblehouse any unpaid amounts that were due prior to termination; and (d) Sections 2, 3, 4, 5.4, 6.2, 6.3, 7, 8, 9, 10, 12, 13.3, 14, 15, 16, 17, 18, 19, 20, 21, and 22 will survive.
13.4 Modification of the Service. Bubblehouse reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Bubblehouse will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Bubblehouse, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Bubblehouse Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. ACKNOWLEDGMENT OF RISK. We do not intend to provide any financial, investment, legal or tax advice, or any other advice of any kind. Although the Service may provide data, information, or content provided by third parties or by us relating to Creator Content, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to purchase any Creator Content. The Creator Content, including NFTs, made available on the Service may involve a high degree of risk. Purchasing or selling Creator Content poses certain risks, including without limitation the risks that certain content relating to Creator Content may not be provided as anticipated, and that the Creator Content may fluctuate in value. You should not purchase Creator Content if you cannot afford to lose the entire amount of your investment. Before purchasing or selling Creator Content, you should (i) conduct your own investigation and analysis, (ii) carefully consider the purchase or sale of Creator Content and all related charges, expenses, uncertainties and risks, and (iii) consult with your own tax, financial and legal advisors. YOUR USE OF THE SERVICE AND ANY DECISIONS YOU MAKE TO PURCHASE OR SELL ANY CREATOR CONTENT ARE AT YOUR SOLE RISK.
16. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to the Creator Content and any transactions you conduct through the Marketplace, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
17. Disclaimers; No Warranties
17.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BUBBLEHOUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BUBBLEHOUSE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BUBBLEHOUSE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
17.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BUBBLEHOUSE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BUBBLEHOUSE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
17.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Bubblehouse does not disclaim any warranty or other right that Bubblehouse is prohibited from disclaiming under applicable law.
17.4 ANY PURCHASE OR SALE YOU MAKE, ACCEPT, OR FACILITATE VIA OR OUTSIDE OF THE SERVICE OF AN NFT WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF NFTs VIA OR OUTSIDE OF THE SERVICE. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY AND ALL LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, OF NFTs VIA OR OUTSIDE OF THE SERVICE, FOR ANY REASON WHATSOEVER. YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL TERMS GOVERNING THE PURCHASE AND USE OF AN NFT AND MAY BE SUBJECT TO LIABILITY FOR VIOLATING ANY THIRD-PARTY RIGHTS THROUGH UNAUTHORIZED USES OF NFTs.
18. Limitation of Liability
18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BUBBLEHOUSE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BUBBLEHOUSE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
18.2 EXCEPT AS PROVIDED IN SECTION 20.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BUBBLEHOUSE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO BUBBLEHOUSE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100.
18.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19.3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Dispute Resolution and Arbitration
19.1 Generally. In the interest of resolving disputes between you and Bubblehouse in the most expedient and cost-effective manner, and except as described in Section 20.2 and 20.3, you and Bubblehouse agree that every dispute arising in connection with these Terms or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BUBBLEHOUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions. Despite the provisions of Section 20.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
19.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt-out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending a letter to Prairie Group Inc. d/b/a Bubblehouse, Attention: Legal Department – Arbitration Opt-Out, 251 Little Falls Drive, city of Wilmington, county of New Castle, Delaware, 19808 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt-out of arbitration (“Opt-Out Notice”). Once Bubblehouse receives your Opt-Out Notice, this Section 20 will be void and any action arising out of these Terms will be resolved as set forth in Section 21.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
19.4 Arbitrator. Any arbitration between you and Bubblehouse will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bubblehouse. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
19.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Bubblehouse’s address for Notice of Arbitration is: Prairie Group Inc. d/b/a Bubblehouse, 251 Little Falls Drive, city of Wilmington, county of New Castle, Delaware, 19808. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Bubblehouse may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Bubblehouse must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Bubblehouse in settlement of the dispute prior to the award, Bubblehouse will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
19.6 Fees. If you commence arbitration in accordance with these Terms, Bubblehouse will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bubblehouse for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.7 No Class Actions. YOU AND BUBBLEHOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bubblehouse agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.8 Modifications to this Arbitration Provision. If Bubblehouse makes any future change to this arbitration provision, other than a change to Bubblehouse’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Bubblehouse’s address for Notice of Arbitration, in which case your account with Bubblehouse will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.9 Enforceability. If Section 20.7 or the entirety of this Section 20 is found to be unenforceable, or if Bubblehouse receives an Opt-Out Notice from you, then the entirety of this Section 20 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 21.2 will govern any action arising out of or related to these Terms.
20. Miscellaneous
20.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Bubblehouse regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Each Creator will have the right (and will be deemed to have accepted the right) to enforce these Terms against any Collector as a third-party beneficiary of these Terms.
20.2 Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Bubblehouse submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in New York, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
20.3 Privacy Policy. Please read the Bubblehouse Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Bubblehouse Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
20.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
20.5 Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20.6 Contact Information. The Service is offered by Prairie Group Inc. d/b/a Bubblehouse, located at 251 Little Falls Drive, city of Wilmington, county of New Castle, Delaware, 19808. You may contact us by sending correspondence to that address or by emailing us at contact@bubblehouse.com.
20.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
20.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
20.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
21. Notice Regarding Apple. This Section 22 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Bubblehouse only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.