This is a summary only. Please note that while our Terms and Conditions may change from time to time, you will always find the most recent version here.
Your videos are your own. Bubblecast claims no ownership rights to the content you submit to the site. You may modify or delete your own content at any time.
Your personal information is protected. Your privacy is extremely important to us and we strive to protect it. Please see our Privacy Policy for details.
You are responsible for the content that you upload to Bubblecast. By submitting content to our site, you affirm that you own or have acquired all rights to your submission and content. You must not submit content to our site that is offensive, abusive, libelous or in violation of the laws in your jurisdiction or these Terms and Conditions. Bubblecast reserves the right to reject or remove such content from the Website.
Bubblecast reserves the right to terminate your account if you do not comply with the terms and conditions.
Age: You must be at least 13 years of age to sign-up for Bubblecast. See the Age/Ability to Accept Terms and Conditions section of this document for more details.
To read the complete Bubblecast Terms and Conditions, please see below.
By visiting this website (collectively, including all Bubblecast Content (defined below under "Trademarks; Ownership") available through the Bubblecast domain name, the "Bubblecast Website," or "Website"; the terms "Bubblecast Website" and the "Website" also refer to those portions of the Website that are co-branded or co-labeled with a third party name or brand) and/or using or accessing the services (the "Service") provided by Bubblecast, Inc. ("Bubblecast", "we" or "us"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms and Conditions") AND THE TERMS AND CONDITIONS OF Bubblecast'S PRIVACY POLICY WHICH ARE PUBLISHED AT http://bubble-cast.com/terms-of-use.htm, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. These Terms and Conditions govern your use of the Website and the Service, including any software that Bubblecast makes available to users of the Service (the "Software"). These Terms and Conditions apply to all users of the Bubblecast Website, Service or Software, including users who are also contributors of video content, information, and other materials or services on the Website. If you do not agree to any of these terms, then please do not use the Bubblecast Website, Service or Software.
You hereby agree to the following with regard to your use of the Website, Service or Software: In order to access some features of the Website, you will have to create an account.
You retain your ownership rights to the User Content you upload to the Bubblecast Website. Bubblecast does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Bubblecast expressly disclaims any and all liability in connection with User Content.
You hereby grant to Bubblecast a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sub-licensees (including, without limitation, licensing your User Content to our Partners) to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. Bubblecast and its Partners reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge that any Bubblecast user may exercise the Bubblecast User Rights with respect to such User Content as set forth below. For more information on User Content, please review our Privacy Policy.
You are responsible for your own User Content on the Bubblecast Website and the consequences of posting or publishing it. By uploading User Content to the Bubblecast Website, you hereby represent and warrant that:
You grant the rights hereunder whether or not your User Content is used by Bubblecast, any other Bubblecast users or Bubblecast's Partners. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Website and the possibility of Bubblecast or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held "in confidence" by Bubblecast or its Partners. Bubblecast and its Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. User Content will not be returned, and Bubblecast and its Partners have no obligation to inform you of any decision to remove or not post such materials.
Bubblecast grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, and otherwise use User Content of other users of Bubblecast (or any portions or derivative works thereof) solely for use on and in connection with the Bubblecast Website and Service and the websites of any or all of its Partners in accordance with these Terms and Conditions and solely to the extent of the license granted by the user to Bubblecast under these Terms and Conditions
Bubblecast provides you with an "Embeddable Player" feature to enable you to incorporate certain User Content hosted by the Bubblecast Website which you may incorporate into your own personal, non-commercial or commercial websites for use in accessing the materials on the Website; You may post User Content on your web site or through other acceptable means in compliance with all laws, rules and regulations applicable to you and your business. Without limiting the foregoing, you also agree that:
You must include a prominent link back to the Bubblecast Website on all the pages containing the Embeddable Player. Bubblecast shall have no responsibility or liability for the User Content its users post to other websites, and the removal of such content is the sole responsibility of those other websites.
We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or other rights, or these Terms and Conditions. While Bubblecast prohibits offensive and unlawful conduct and content on its Website and Service, you understand and agree that neither Bubblecast nor its Partners is responsible or liable for the User Content posted on the Website. You may be exposed to such materials and agree to use the Bubblecast Service at your own risk.
You understand that User Content is made available to Bubblecast users on an AS-IS, AS-AVAILABLE basis. Neither Bubblecast nor its Partners guarantees that the availability of User Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. Bubblecast reserves the right to discontinue any aspect of the Bubblecast Website or Service at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
Bubblecast and its Partners respect the intellectual property of others, and we ask you and all of our users to do the same. Bubblecast may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Bubblecast’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Send this information to:
By email:
soft.bubble-cast.com
The content on the Bubblecast Website, Service and Software, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Bubblecast Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Bubblecast, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Bubblecast Content on the Website, Service and Software is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bubblecast reserves all rights not expressly granted in and to the Website, Service and Software and the Bubblecast Content. You agree to not engage in the use, copying, or distribution of any of the Bubblecast Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Bubblecast Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Bubblecast website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bubblecast website or the Content therein.
The Bubblecast Website may contain links to third party websites that are not owned or controlled by Bubblecast. Bubblecast has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Bubblecast will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Bubblecast from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Bubblecast Website and to read the terms and conditions and privacy policy of each other website that you visit.
Bubblecast reserves the right at any time to charge fees for access to new Bubblecast
content or services or to portions (or all) of the existing Website or Service.
In no event will you be charged for access to any Bubblecast content or service
unless we obtain your prior agreement to pay such charges. If you do not consent
to such charges, however, you may not have access to paid content or services.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Bubblecast WEBSITE, SERVICE AND SOFTWARE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Bubblecast, ITS PARTNERS
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICE AND SOFTWARE
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR SYSTEMS INTEGRATION. NEITHER Bubblecast
NOR ANY OF ITS PARTNERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICE, THE Bubblecast WEBSITE, THE SOFTWARE OR THE CONTENT
OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS
OR OMISSIONS IN ANY CONTENT 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 Bubblecast WEBSITE. NEITHER Bubblecast NOR ANY OF ITS PARTNERS
WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Bubblecast WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
Bubblecast AND ITS PARTNERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
IN NO EVENT SHALL Bubblecast, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Bubblecast WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER Bubblecast NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Bubblecast from its facilities in the United States of America. Bubblecast makes no representations that the Bubblecast Website is appropriate or available for use in other locations. Those who access or use the Bubblecast Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Without limiting the above, you hereby release, discharge and hold harmless
Bubblecast and its Partners and each of their respective employees, officers, directors
and suppliers (collectively, "Releasees") from any and all claims,
actions, damages, liabilities, losses, costs and expenses of any kind (including,
without limitation, attorneys' fees) arising out of, resulting from, or by reason
of, your User Content, including without limitation any exploitation of your
User Content, on any legal theory whatsoever (including, but not limited to,
copyright infringement, personal injury, rights of privacy and publicity, idea
misappropriation, false light, or defamation).
You agree to defend, indemnify and hold harmless Bubblecast and its Partners, and
each of their officers, directors, employees, and suppliers, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from or
in any way relating to: (i) your (or anyone using your account's) use of and
access to the Bubblecast Website, Service or Software; (ii) your (or anyone using
your account's) violation of any term of these Terms and Conditions; (iii) your
(or anyone using your account's) violation of any third party right, including
without limitation any intellectual property, copyright, property, personal
injury or privacy right; or (iv) any claim that (or anyone using your account's)
User Content caused damage to a third party. This defense and indemnification
obligation will survive these Terms and Conditions and your use of the Bubblecast
Service and Website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Bubblecast or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Bubblecast and its Partners shall be the minimum permitted under such applicable law.
You acknowledge that Bubblecast may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Bubblecast may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. Neither Bubblecast nor its Partners are under any obligation to preserve, provide access to or return to you any User Content. You agree that Bubblecast shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse Service to anyone or to terminate a user's account for any reason at any time.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Bubblecast Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Bubblecast Website—Talk to your parents about what sites are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bubblecast without restriction.
You agree that: (i) the Bubblecast Service and Website shall be deemed solely based in Russian Federation; and (ii) the Bubblecast Website shall be deemed a passive website that does not give rise to personal jurisdiction over Bubblecast, either specific or general, in jurisdictions other than Russian Federation. These Terms and Conditions shall be governed by the internal substantive laws of Russian Federation, without respect to its conflict of laws principles. Any claim or dispute between you and Bubblecast or any of its Partners, (and their respective officers, directors, employees and suppliers) shall be decided exclusively by a court of competent jurisdiction located in Russian Federation. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Bubblecast on the Website, shall constitute the entire agreement between you and Bubblecast concerning the Bubblecast Service and Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Bubblecast's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Bubblecast reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Bubblecast Website or Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND Bubblecast AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Bubblecast WEBSITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Russian Federation Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Russian Federation and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Bubblecast may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
September 25, 2009