The following are the terms and conditions for use of bubbleupmedia.com and various other Web sites and web pages operated by BubbleUp, Ltd. ("BubbleUp") or its affiliates (collectively, the "BubbleUp Web Sites"). This User Agreement applies to the BubbleUp Web Sites and does not apply to the content of third parties.

The BubbleUp Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BubbleUp Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular BubbleUp Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that BubbleUp Web Site (the "Additional Terms").

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular BubbleUp Web Site, then these terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular BubbleUp Web Site or any product or service offered on any BubbleUp Web Site (each a "BubbleUp Site/Service", and collectively "BubbleUp Sites/Services") requires you to open an account, you must complete the registration process by providing BubbleUp with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BubbleUp immediately of any unauthorized use of your account or any other breach of security. BubbleUp will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BubbleUp or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Due to the nature of an online fan club, where benefits include access to exclusive photos, video, audio and text content that becomes available at the time of purchase, membership dues are non-refundable. Please be sure you are interested in a full year of membership before placing your order.

MODIFICATION OF THESE TERMS OF USE

BubbleUp reserves the right to change the terms, conditions, and notices under which the BubbleUp Sites/Services are offered, including but not limited to the charges associated with the use of the BubbleUp Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the BubbleUp Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the BubbleUp Sites/Services are for your personal and non-commercial use. The content available though the BubbleUp Sites/Services is the property of BubbleUp or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the BubbleUp Sites/Services. You acknowledge that BubbleUp retains exclusive ownership of the BubbleUp Sites/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the BubbleUp Sites/Services or their contents, and BubbleUp reserves all rights not expressly granted hereunder. Without the advance express written permission of BubbleUp, you may not "meta-search" the BubbleUp Sites/Services, send, or cause to be sent, any automated queries of any sort to the BubbleUp Sites/Services, or use the BubbleUp Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any BubbleUp Sites/Services to determine how a web site "ranks" on any BubbleUp Sites/Services.

LINKS TO THIRD PARTY SITES

The BubbleUp Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of BubbleUp, and BubbleUp is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BubbleUp is not responsible for webcasting or any other form of transmission received from any Linked Site nor is BubbleUp responsible if the Linked Site is not working appropriately. BubbleUp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BubbleUp of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the BubbleUp Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BubbleUp shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BubbleUp Sites/Services, you will not use the BubbleUp Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BubbleUp Sites/Services in any manner that could damage, disable, overburden, or impair any BubbleUp Site/Service(s) (or the network(s) connected to any BubbleUp Site/Service(s)) or interfere with any other party’s use and enjoyment of any BubbleUp Site/Service(s). You may not attempt to gain unauthorized access to any BubbleUp Site/Service, other accounts, computer systems or networks connected to any BubbleUp Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BubbleUp Sites/Services.

USE OF SERVICES

The BubbleUp Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the BubbleUp Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Use of meta tag searches on the BubbleUp Web Sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a BubbleUp Site/Service(s) or other user or usage information or any portion thereof.

BubbleUp has no obligation to monitor the Communication Services. However, BubbleUp reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BubbleUp reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

BubbleUp reserves the right at all times to disclose any information as BubbleUp deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BubbleUp’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. BubbleUp does not control or endorse the content, messages or information found in any Communication Service and, therefore, BubbleUp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BubbleUp spokespersons, and their views do not necessarily reflect those of BubbleUp.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BubbleUp OR POSTED AT ANY BubbleUp WEB SITE

BubbleUp does not claim ownership of the materials you provide to BubbleUp (including feedback and suggestions) or post, upload, input or submit to any BubbleUp Site/Service or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting BubbleUp, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all BubbleUp Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a BubbleUp Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. BubbleUp is under no obligation to post or use any Submission you may provide and BubbleUp may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BubbleUp SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BubbleUp SITES/SERVICES AND TO THE INFORMATION THEREIN. BubbleUp AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BubbleUp SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BubbleUp SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BubbleUp AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BubbleUp SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BubbleUp AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT BubbleUp SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A BubbleUp SITE/SERVICE. YOU SPECIFICALLY AGREE THAT BubbleUp IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BubbleUp IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A BubbleUp SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL BubbleUp AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BubbleUp SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BubbleUp SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BubbleUp SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BubbleUp SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BubbleUp OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BubbleUp SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BubbleUp SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that BubbleUp may establish limits concerning use of any BubbleUp Service offered on an BubbleUp Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any BubbleUp Service, the maximum number of e-mail messages that may be sent from or received by an account on any BubbleUp Service, the maximum size of an e-mail message that may be sent from or received by an account on any BubbleUp Service, the maximum disk space that will be allotted on BubbleUp’s servers on your behalf, and the maximum number of times and duration you may access any BubbleUp Service in a given period of time.

You agree that BubbleUp has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any BubbleUp Service. You acknowledge that BubbleUp reserves the right to log off accounts that are inactive for an extended period of time.

BubbleUp MAKES NO WARRANTY THAT ANY BubbleUp SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

BubbleUp reserves the right, in its sole discretion, to terminate your access to any or all BubbleUp Sites/Services and the related services or any portion thereof at any time, without notice.

BubbleUp may also terminate or suspend your access to BubbleUp Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by BubbleUp. Upon termination of the BubbleUp Site/Service, your right to use the BubbleUp Site/Service immediately ceases.

BubbleUp shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

BubbleUp will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay BubbleUp liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay BubbleUp’s actual damages, to the extent such actual damages can be reasonably calculated.

SUBSCRIPTION-BASED CONTENT

Some contents and/or services on the BubbleUp Sites/Services may be offered to you conditioned on your purchase of a subscription or a membership (collectively, a "Subscription"). If you elect to purchase Subscription-based content/services and transmit to BubbleUp a Subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all Subscription fees you incur plus all applicable taxes. Your Subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your Subscription without refund and in additional charges based on unauthorized use.

GENERAL

This agreement is governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Indiana, U.S.A. in all disputes arising out of or relating to the use of the BubbleUp Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BubbleUp as a result of this agreement or use of the BubbleUp Sites/Services. You agree to indemnify and hold BubbleUp, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the BubbleUp Sites/Services. BubbleUp reserves the right to disclose any personal information about you or your use of the BubbleUp Sites/Services, including its contents, without your prior permission if BubbleUp has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of BubbleUp or its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. BubbleUp’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BubbleUp’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BubbleUp Sites/Services or information provided to or gathered by BubbleUp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BubbleUp with respect to the BubbleUp Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BubbleUp with respect to the BubbleUp Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.