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Privacy Policy 1. How We Use
Collected Information Cookies. Registration. Voluntary
Contact. In addition to using your
information as described above, we also may occasionally send you email
announcing special promotions, changes in our services, and other information
we believe will be of interest to you. You may opt in or out of receiving these
mailings by using the join/unsubscribe feature located in the Fan Club
'Preferences' portions of our website at http://www.trenttomlinson.com 2. Linked Websites 3. Security 4. A Special Note
About Children
5. Contacting Us §
Terms
& Conditions: 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. 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:
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 |
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