Terms and Conditions of Use
(Last modified on May 20th, 2008)

Bubble Testimonial is owned and operated by kShermanStudios LLC..

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

PARENTAL ADVICE
YOU MUST BE AT LEAST 13 YEARS OLD TO USE BUBBLE TESTIMONIAL. IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS OR GUARDIANS.

By using this site, our service, and incorporating any of our scripts and files into your site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site and/or service.

Scope of terms and conditions
These terms and conditions apply to your use of the sites and services owned or operated by Bubble Testimonial and kShermanStudios LLC., referred to here as kSS and collectively "we," "us," or "our", including bubbleguru.com and kShermanStudios.com, and any other site that we own and operate or may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only link.

User Submissions
In the course of your use of the Site, you may be asked to provide, or you may provide on your own inclination, information or materials to us (such information and/or materials referred to hereinafter as "User Submissions"). User Submissions include, for example, information you submit to us via your application to receive quotations ("Application Data"). User Submissions also include information and materials you submit to us via other on-line forms on the Site, by e-mail, or in any other manner via the Site. Our information collection and use policies with respect to the privacy of personal information (with the exception of testimonials, which may be used as set forth in the "Testimonials" section below) are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions. We cannot be responsible for maintaining any User Submissions that you provide to us, and we may delete or destroy any such User Submissions at any time. We reserve the right to refuse to post or to remove any User Submissions, in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

Testimonials
If you submit a testimonial to us or any of our clients testimonial sites, such testimonials will be deemed not to be confidential or secret, and may be used by us in any manner. By submitting or sending a testimonial to us, you: (i) represent and warrant that the testimonial is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

User Conduct
You warrant and agree that, while using the Sites, you shall not upload, post or transmit to or distribute or otherwise publish through the service any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Sites for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Sites; or (d) attempt to gain unauthorized access to other computer systems through the Sites. You agree that you will not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

You agree to defend, indemnify and hold the Sites Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of the Sites, your placement or transmission of any message, content, information, software or other materials through the Sites, or your breach or violation of the law or of these Terms and Conditions.

Restrictions on Use of Materials
The contents of our Sites are protected by copyright and trademark laws, and are the property of kSS. Unless we say otherwise, you may access the materials located within the Sites only for use within your site as defined in the terms of this document. This means you may use our materials only as they are designed to be used by us, and that our allowing you add our scripts, and use our material on and within your site, must follow our terms and must be for the sole purpose of running our files and service as defined by us. You may not change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. The bubble design, scripts, and interaction techniques are the sole property of kSS, unless as noted within our files to be owned by third entities. In this case, all copyright material is owned and protected by their respective entities as noted within material.

You may not modify, copy, publish, display, transmit, reverse engineer our work, files and techniques. You may not adapt or in any way exploit the content of this or any other of kSS Sites. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, display or commercially exploit any material from the Site.

Third Party Tradmarks
All trademarks, service marks, product names, and logos appearing on the Bubble Testimonial site are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo within any video you create or upload to the Bubble Testimonial servers without the owner's prior written consent.

General Prohibitions
As a condition to your use of the Bubble Testimonial Services, you agree not to:

  • Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
  • Access, tamper with, or use any non-public areas of Bubble Testimonial Services or Bubble Testimonial's computer systems or the technical delivery systems of Bubble Testimonial's providers;
  • Attempt to probe, scan, or test the vulnerability of the Bubble Testimonial Services or any related system or network or breach any security or authentication measures;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Bubble Testimonial Services; or
  • Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Bubble Testimonial servers.
  • Impersonate or misrepresent your affiliation with any person or entity.
Bubble Testimonial will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Bubble Testimonial may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Bubble Testimonial has no obligation to monitor your access to or use of the Bubble Testimonial Services, but has the right to do so for the purpose of operating the Bubble Testimonial Services, to ensure your in compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Ownership
The Bubble Testimonial Applications and Code, as well as the all copyright and intellectual property rights, are the exclusive property of Bubble Testimonial and kShermanStudios. By using our Bubble Testimonial service, Applications and Code, you acquire no title, right or interest in the Applications and Code other than the as defined herein.

Reverse Engineering
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source, underlying ideas, underlying user interface techniques, algorithms by any means whatsoever of our Applications and Code, directly or indirectly, or disclose any of the foregoing. Any information supplied by us or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of our Applications and Code.

Registration
We may, at our discretion, suspend or terminate the registration of any general user who violates any of these terms and conditions of use, any of the member guidelines, or for any other behavior that we in our discretion believe is inappropriate use of the Bubble Testimonial service.

Links
Bubble Testimonial may make available links to third-party websites. You acknowledge and agree that Bubble Testimonial is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Bubble Testimonial of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Email Account
From time to time we make special offers available to our members as well as have important information to discuss about their account. It is the responsibility of our members to provide us with an accurate and working email address that our member checks regularly. If Bubble Testimonial contacts a member via the email address they provided during signing up, and they do not respond within a timely manner, Bubble Testimonial reserves the right to take action on their account without further notice.

Bandwidth Usage
We may, at our discretion, suspend or terminate any account and remove video files of any member with or without notice, who's Bubble Testimonial video playback usage exceeds our internally defined bandwidth useage limits. Bandwidth limits are defined internally and are limited by specific message stream plays per month. Bubble Testimonial bandwidth limits are designed to adequately cover our members monthly message stream requirements, so as long as bandwidth usage stays within usage parameters. If for some reason a members account bandwidth usage starts to effect the performance of other accounts, we will make an effort in contacting you through the email address associated within your account to discuss options. If you do not contact us back within 48 hours, and a resolution is not met, it is at our sole discretion to suspend or terminate your account and/or remove your video files without additional notice.

Monthly Streams
Each time one of your Bubble Testimonial messages play, a video is transmitted from our Bubble Testimonial servers. Each instance of this action counts as 1 message stream load. Each Bubble Testimonial subscription plan is allocated a certain number of message streams per month. If a members message stream count goes over defined limits during the month, the accounts video streams will cease to load until the first of each month, in which case all message stream counts are reset to zero (0) for each Bubble Testimonial account, and message streams will then continue as normal. Accurate message stream counts are shown within your Management area.

Subscription Accounts
Bubble Testimonial reserves the right to change and/update our subscription rates at any time and may periodically make special offers available to new and existing members. Members who have previously signed-up for an account at a rate higher then currently advertised, cannot have their rate adjusted to the currently offered rate. They must cancel their existing account first and sign-up for a new account under the new rate to take advantage of the offer. Please note, that cancelling your account will remove Bubble Testimonial messages you have in your account. See "Subscription Cancellations" for additional details.

Trial Accounts
To activate a trial accounts, billing information must be provided to the Bubble Testimonial billing service. This billing information is only used should you deside to continue your account beyond your free trial period. Activation of a free trial period begins the moment billing information is provided. If your account is not canceled before your trial period ends, your provided billing information will be used to officially begin your subscription billing cycle.

Subscription Cancellations
If you are an existing subscribing member and choose to cancel your account, you must do so through the PayPal account you originally paid through. Please note that as soon as you cancel your account through the PayPal system, your Bubble Testimonial account will immediately be cancelled and all of your Bubble Testimonial mesages will be removed from our system. Based on your specific monthly renewal schedule assigned to you through PayPal, it is up to you to determine the proper time to cancel your Bubble Testimonial account to avoid any premature removal of your Bubble Testimonial messages.

Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES AND Bubble Testimonial SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES AND/OR ITS SERVICE.

Privacy Policy
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail).

By using any of the Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.

Jurisdictional Issues
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in California. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

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