By using any of the BubbleGroups LLC (“BubbleGroups”) websites
including but not limited to www.feed2me.com
and www.feedurl.net (“Site”),
you agree to these Terms and Conditions. Please read this agreement carefully to
understand your usage privileges and limitations. These Terms and Conditions cover
any data, messages, pictures, files, articles, stories, sounds, videos or other
electronic materials (“Content”) contained on the Site or submitted
by you for use on the Site. BubbleGroups reserves the right, at its discretion,
to change or modify all or any part of these Terms and Conditions at any time. Please
review these Terms and Conditions from time to time to ensure that you are aware
of any changes.
1. What Can I Do With the BubbleGroups Content?
All Site Content and the selection and arrangement thereof are the property
of BubbleGroups or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their respective copyright
owners. Any use of materials on this site other than as described in these Terms
and Conditions is strictly prohibited, including but not limited to the distribution
or modification of the materials, the use of the materials on another website, the
creation of derivative works, and the use of the materials for any public or commercial
purpose. You agree that you will not reverse engineer or otherwise investigate the
site's internal operations.
You agree to use the Site only for its intended, lawful purposes and in accordance
with all applicable law. You agree not to use this Site in any manner that interferes
with its normal operation or with any other user's use and enjoyment of the Site.
You further agree that you will not access this site by any means except through
the interface provided by BubbleGroups, LLC and that you will not access this Site
from any territory where its contents are illegal.
2. Who Can Be a BubbleGroups Member?
BubbleGroups membership is available to anyone 13 years of age or older
who truthfully and accurately registers all required information (including a legitimate
email address) and obtains a unique BubbleGroups Username and Password. Persons
under the age of 13 cannot become a member. You are responsible for maintaining
the confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under
your account or password.
3. Can I Have More Than One Membership?
Each member is allowed to have only one BubbleGroups membership and the
privileges associated with membership. BubbleGroups allows only one member per registered
legitimate email address. Membership is non-transferable.
4. What Happens if I Violate These Terms and Conditions?
BubbleGroups reserves the right to terminate any Membership at any time,
for any reason or for no reason, with or without notice. In addition, members who
violate these Terms and Conditions may have their membership terminated, services
cancelled, and their Content, or portions thereof, suspended, deleted or removed
without warning. BubbleGroups will not return any removed Content to a member. BubbleGroups
is not responsible for any loss resulting from termination of membership or removal
of member Content.
5. What Content or Materials Are Not Allowed on The Site?
While BubbleGroups makes all reasonable attempts to remove objectionable
Content, BubbleGroups is not responsible for policing the entire Site. Accordingly,
you represent, warrant, and covenant that you shall not upload, post, distribute
or transmit through BubbleGroups any information that (i) restricts or inhibits
any other user from using or enjoying this website, (ii) in BubbleGroups’s discretion
is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, or indecent, (iii) constitutes or encourages conduct that
would constitute a criminal offense, give rise to civil liability or violate the
law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v)
contains a computer virus or other harmful component, or (vi) constitutes or contains
false or misleading indications of origin or statements of fact.
BubbleGroups may examine any materials submitted to the Site at any time in its
sole discretion. You acknowledge that although BubbleGroups does not and cannot
examine all Content submitted or transmitted to the Site, BubbleGroups has the absolute
right (but not the obligation) to delete, move and edit Content for any reason or
no reason, at any time, with or without notice.
You understand that all Content, whether publicly posted or privately transmitted,
is the sole responsibility of the person from which such Content originated. This
means that you, and not BubbleGroups, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the Site. BubbleGroups
does not control the Content posted via the Site and does not guarantee the accuracy,
integrity or quality of these items. You understand that by using the Site, you
may be exposed to Content that are offensive, indecent or objectionable. Under no
circumstances will BubbleGroups be liable in any way for any content on the Site,
including, but not limited to, for any errors or omissions in any materials, or
for any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Site.
6. What are the Rules and Policies Concerning the Forums?
Considering the real-time nature of our message boards and chat rooms,
and the number of messages posted, it is impossible for us to review all of the
messages or confirm the validity of information posted. Although we monitor the
contents of our message boards and chat rooms, we are not responsible for any messages
posted. We do not vouch for or warrant the accuracy, completeness, timeliness or
usefulness of any message, and are not responsible for the contents of any message.
The messages express the views of the author of the message, not necessarily the
views of BubbleGroups.
Any user who feels that a posted message is objectionable is encouraged to contact
us immediately. We have the ability to remove objectionable messages and we will
make every effort to do so, within a reasonable time frame, if we determine that
removal is necessary. This is a manual process, however, so please realize that
we may not be able to remove or edit particular messages immediately. Under no circumstances
shall BubbleGroups be liable for any direct, indirect, incidental, special or consequential
damages that result from use of, or the inability to use a message board. You specifically
acknowledge and agree that BubbleGroups shall not be liable to you for any defamatory,
offensive or illegal conduct of any other user.
You agree, through your use of this service, that you will not use our message boards
or chat rooms to post any material which is knowingly false and/or defamatory, inaccurate,
abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening,
invasive of a person's privacy, advocates any illegal or dangerous activity, or
otherwise violates any law, or that contains any virus or other harmful component.
This means that you agree not to say bad things about someone else, send them unwanted
messages, or attack their race, heritage, etc. You agree not to post any material
that infringes upon or violates any party's copyright, trademark, trade secret or
other proprietary rights. With respect to copyright law, be advised that posting
any third party's copyrighted work on our boards may violate the owner's copyright.
You also may not include in any message that you post anywhere on BubbleGroups any
link to any site that violates any of the foregoing terms and conditions.
We reserve the right to delete any message for any or no reason whatsoever. You
remain solely responsible for the content of your messages, and you agree to indemnify
and hold harmless BubbleGroups and its agents with respect to any claim based upon
transmission of your message(s).
We also reserve the right to reveal your identity (or whatever information we know
about you) in the event of a complaint or legal action arising from any message
posted by you.
Please note that spam, chain letters, pyramid schemes, and other such solicitations
are inappropriate on our web site and posting of any of these or other repetitive
postings may constitute a violation of our rights for which we reserve the right
to take legal action.
We also reserve the right to terminate access to the site to those who engage in
any violations of these rules.
7. How Do the Copyright Laws Apply to Content I Submit to BubbleGroups?
As a condition of membership, you hereby grant BubbleGroups a perpetual,
universal, nonexclusive right to copy, display, modify, alter, transmit and distribute
any Content stored by you or otherwise provided by you to the BubbleGroups. You
represent and guarantee to BubbleGroups, as a condition of membership, that you
are the legal owner of the copyright to all Content you submit to BubbleGroups or
that you have permission from the copyright owner to submit the Content to BubbleGroups.
8. What if the Site or a Feature on the Site is not Working?
BubbleGroups does not warrant that the Site will function uninterrupted
or error-free, that any defects will be corrected, or that the server that makes
the site available is free of viruses or other harmful components. BubbleGroups
may change, suspend or discontinue all or any aspect of the Site at any time, including
the availability of any database, feature, or content, without prior notice or liability.
9. What if Content I Submit or Use on The Site is Lost or Corrupted?
BubbleGroups urges all members to maintain backup versions of their Content
to guard against losses of any kind. BubbleGroups is not responsible for any loss
of Content resulting from BubbleGroups suspension or deletion of Content, network
or system outages, file corruption or for any other reason. BubbleGroups is not
required to return any Content you submit to the Site.
10. Dealings With Advertisers.
Your correspondence or business dealings with, or participation in promotions
of the advertisers found on or through the Site, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that BubbleGroups shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Site.
11. Links
The Site may provide, or third parties may provide, links to other websites
or resources. Because BubbleGroups has no control over such sites and resources,
you acknowledge and agree that BubbleGroups is not responsible for the availability
of such external websites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that BubbleGroups
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or resource.
12. Trademarks
"BubbleGroups" and all related logos, page headers, custom graphics and
icons are service marks and/or trademarks of BubbleGroups, LLC or its licensors
or affiliates. All other trademarks, service marks, product names and company names
or logos that appear on this site are the property of their respective owners, and
their presence on this site does not represent an endorsement of the site.
13. You Agree To Indemnify BubbleGroups.
YOU AGREE TO INDEMNIFY AND HOLD BubbleGroups, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND
EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING
REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS,
YOUR USE OF THE BubbleGroups SITE AND SERVICES, AND YOUR VIOLATION OF THE RIGHTS
OF ANY THIRD PARTY, INCLUDING IN EACH CASE THE CONDUCT OF ANOTHER ACCESSING THE
BubbleGroups SITE OR SERVICES THROUGH YOUR MEMBERSHIP.
14. BubbleGroups Makes No Warranties.
THE CONTENT CONTAINED IN THIS WEB SITE IS PROVIDED BY BubbleGroups AS A
SERVICE TO ITS USERS. ALL CONTENT PROVIDED IN THIS WEB SITE IS FOR INFORMATIONAL
PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE FOR ANY PARTICULAR
INDIVIDUAL AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE
FROM A HEALTH CARE PROVIDER. ALL SPECIFIC QUESTIONS YOU HAVE ABOUT YOUR CHILD'S
MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN
PROFESSIONAL HEALTHCARE PROVIDER. YOU AGREE THAT IT IS NOT YOUR INTENT TO ESTABLISH
A PHYSICIAN-PATIENT RELATIONSHIP WITH BubbleGroups.
EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, BubbleGroups DOES NOT ENDORSE,
OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT,
INFORMATION, OR SERVICES ON THE WEB SITE, IN ANY WAY.
THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BubbleGroups, ITS ADVISORS, CONSULTANTS,
AND STAFF, AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE
SITE (COLLECTIVELY "BubbleGroups") ARE NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT
FROM YOUR USE OF THE SITE AND DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO
ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE, EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BubbleGroups DOES NOT WARRANT THAT CONTENT OR SERVICES CONTAINED IN THIS WEB SITE
WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK,
THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE
OF THIS WEB SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS
WEB SITE.
15. Limited Liability of BubbleGroups.
BubbleGroups AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,
SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws
of the State of Texas, without regard to its conflict of laws provisions. By using
the BubbleGroups Site, you agree to personal jurisdiction of the state and federal
courts of the State of Texas in Dallas County. Regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to these
Terms and Conditions or the use of this Site must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
17. This is The Entire Agreement Between You and BubbleGroups.
These Terms and Conditions are the entire agreement between you and BubbleGroups
and govern your use of the BubbleGroups Site and services. This agreement supersedes
any prior agreements between you and BubbleGroups. The failure of BubbleGroups to
enforce any right or provision of this agreement does not constitute a waiver of
the right or provision. If any portion of this agreement is deemed to be invalid,
the other portions of the agreement will remain in full force and effect.
January 1, 2008