Terms & Conditions

(Contains legal information, including the terms and conditions applicable to this service. PLEASE READ THIS CAREFULLY!)

Bubbleup, Llc (“Bubbleup”) Provides Access To The Blive Service (“Blive” Or The “Service”) And Any Related Services Provided Thereto, Subject To Your Compliance With The Following Terms And Conditions. These Terms And Conditions Constitute An Agreement Between You And Bubbleup ("Agreement" Or The “Terms And Conditions”) That Governs The Relationship Between You And Bubbleup With Respect To Your Use Of The Service. Thus, It Is Important That You Read Carefully And Understand These Terms And Conditions.

USE AND MODIFICATIONS

Through access and use of the BLive Service, you are explicitly agreeing to be bound by and abide by these Terms and Conditions. The Services provided are limited to the use of individuals for consumer purposes. You must be over the age of 13 years in order to utilize the Service, and any minor using the Service must have the consent of a parent or legal guardian. We grant you limited, non-exclusive, revocable permission to make use of the Service. We may make modifications to the Service offered to you, or choose to suspend or discontinue the Service at any time, without notice to you. If you object to any modifications of the Service, your sole remedy shall be to cease use of the Service. You explicitly waive any and all rights to any damages related to loss of use or forfeiture of Coins (as described herein) related to the modification, suspension, or discontinuance of the Service. BubbleUp reserves the right to restrict, deny, or otherwise block or terminate access to the Service to any individual or party, for any or no reason.

In your use of the Service you may utilize certain platforms, such as chat and review features that permit you to submit content, information, ideas, feedback, data, message and other materials (“User Material”). You certify that you own and are solely responsible for all of your submitted User Material, that the User Material will comply with these Terms and Conditions, and that said User Material is non-confidential and non-proprietary. By submitting your User Material, you agree to waive all “moral rights” that you may have in said User Material, and grant to BubbleUp an irrevocable, perpetual, transferable, non-exclusive, royalty-free worldwide license to use, distribute, reproduce, modify, adapt, publish, or display your User Material in any way.

PROHIBITED ACTIONS

You may only use the Services for permitted purposes as set forth in these Terms and Conditions. You agree that you will not: (i) take any actions with respect to your use of the Service (including chat features) that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit, copy, or record any content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit, copy, or record any content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service; (vi) interfere with or disrupt the Service or servers or networks linked to the Service, or disobey any requirements, procedures, policies, or regulations of networks linked to the Service; (vii) violate any applicable local, state, national, or international law; (viii) transmit any content, or take any other actions with respect to your use of the Service, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Service for commercial purposes without our prior written consent; or (x) solicit other guests of the Service to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.

If you breach any of the Terms and Conditions, your license and/or right to use or access the Services will be discontinued, any account created will be blocked and/or terminated, and you will forfeit any fees paid or Coins purchased in connection with your account and the Service provided. You will not be entitled to any reimbursement.

PERSONAL INFORMATION

Personally identifiable information relating to you collected through use of the Service will be collected, used, maintained and disclosed in accordance with BubbleUp’s privacy policy. Any account you create must include correct personal information, which shall include at a minimum a working email address, your correct first and last name, and verification of age. For more information on our Privacy Policy, please review that policy here. By using the Service, you consent and agree to the terms of the Privacy Policy.

TRADEMARK AND COPYRIGHT INFORMATION

All material provided in association with BLive, including, but not limited to, videos, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software are owned, controlled by, or licensed to BubbleUp or the individual artist and fan site and are protected by copyright, trademark, and other intellectual property rights. Material provided through this Service is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of BubbleUp in each instance. You may not record, download, or otherwise copy or reproduce the videos/streams accessed through the Service.

USE AND PURCHASE OF COINS/ACCESS TO SERVICE

BLive is offered by BubbleUp by and through the fan club and website of the artist whose site you are currently visiting viewing these Terms and Conditions. The Service allows the referenced artist to live stream concerts and other specific streaming events for a fee. Users may access the Service by paying the referenced fee. The fee paid to access the Service is non-refundable, regardless of the performance of the website and Service, or any issues experienced by the user associated with use of the Service.

Users may purchase Coins through the website. These Coins may be used by the user in connection with the Service only. Coins may be used to access streaming content being offered, or to provide tips to the artist during any streaming event. Currently, Coin denominations are as follows:
  • $5- 50 coins
  • $10 - 120 coins
  • $50 - 1000 coins
All payments for access to the Service and purchase of Coins will be collected by BubbleUp using autorize.net, and payments are processed subject to that company’s terms and conditions.

Coins purchased are not transferable, are not refundable in any circumstance (except where specifically authorized by BubbleUp), and remain valid for use up until the lesser of (i) five (5) years; or (ii) for the duration of the artist’s use of the BLive Service. Any breach of these Terms and Services will result in the forfeiture of all Coins purchased, without the possibility of a refund.

NO WARRANTY

THE SERVICE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND ARE PROVIDED "AS IS", "AS-AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BUBBLEUP, AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY REFERRED TO AS "BUBBLEUP" FOR THE PURPOSES OF SECTION VI) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR FREE, THAT THE WEBSITE AND OUR SERVERS ARE SECURE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE SERVICE. USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE AND ITS FEATURES.

LIMITATION OF LIABILITY

BUBBLEUP, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE. BUBBLEUP SHALL NOT BE LIABLE TO YOU FOR ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF THE SERVICE, WHETHER AUTHORIZED OR UNAUTHORIZED.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BubbleUp and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions. BubbleUp reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

LITIGATION ISSUES AND JURISDICTION

These terms and conditions are entered into in the State of Texas and shall be governed by, and construed in accordance with, the laws of the State of Texas and the laws of the United States of America applicable therein. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Texas. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

MISCELLANEOUS

In the event that any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

BubbleUp may modify these Terms and Conditions from time to time. You agree to be bound to the modifications and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

If you have any questions about these Terms and Conditions, please contact us at info@bubbleup.net.

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