Welcome to the Big Blue Bubble Inc. Arcade ("BBB Arcade") internet website and collection of websites. Big Blue Bubble Inc. operates BBBArcade.com and other websites affiliated with Big Blue Bubble Inc. (each, a "Big Blue Bubble Site," and collectively, the "Big Blue Bubble Family of Websites").
This is an agreement ("Agreement") between you and Big Blue Bubble. This Agreement governs your use of any Web site or Web page operated by Big Blue Bubble.
BIG BLUE BUBBLE OFFERS THE BIG BLUE BUBBLE FAMILY OF WEBSITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BIG BLUE BUBBLE FAMILY OF WEBSITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS AN ASSUMPTION OF THE RISK REQUIREMENT, DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, 11, and 12); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
2. BIG BLUE BUBBLE MAY MODIFY THIS AGREEMENT
Big Blue Bubble reserves the right to change the terms, conditions, and notices under which it offers the Big Blue Bubble Family of Websites, including any charges associated with the use of the Big Blue Bubble Family of Websites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Big Blue Bubble Website. Your continued use of the Big Blue Bubble Family of Websites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Big Blue Bubble Website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Big Blue Bubble Website, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a Big Blue Bubble Website, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE BIG BLUE BUBBLE FAMILY OF WEBSITES
The Big Blue Bubble Family of Websites are only for your personal use, and Big Blue Bubble grants you the limited right to view and use the Big Blue Bubble Family of Websites only for the purposes of viewing or playing content such as games or films, placing product orders, or for accessing information, software ("Applications") and services. You may not use the Big Blue Bubble Family of Websites for commercial purposes. You may not use the Big Blue Bubble Family of Websites in any way that is unlawful, or harms Big Blue Bubble, its affiliates, and/or partners (each, a "Big Blue Bubble Party" and collectively, the "Big Blue Bubble Parties") or any customer of a Big Blue Bubble Party, as determined in Big Blue Bubble's sole discretion. Without limiting the generality of this section, you may not use the Big Blue Bubble Family of Websites in any manner that could damage, disable, overburden, or impair any Big Blue Bubble Website (or the network(s) connected to any Big Blue Bubble Website) or interfere with any other party's use and enjoyment of the Big Blue Bubble Family of Websites. Further, unless you have received specific written permission from Big Blue Bubble, you may not (1) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Big Blue Bubble Family of Websites or (2) alter or modify any content on the Big Blue Bubble Family of Websites. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Big Blue Bubble Family of Websites and/or Applications for any commercial purpose.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Big Blue Bubble related to the Big Blue Bubble Family of Websites (a "Submission"), you grant Big Blue Bubble permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Big Blue Bubble Family of Websites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Unless otherwise agreed by Big Blue Bubble in writing, Big Blue Bubble will not pay you for your Submission. Big Blue Bubble may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
Your use of any software associated with the Big Blue Bubble Family of Websites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Big Blue Bubble grants to you only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. Such software is protected by copyright and other intellectual property laws and treaties. Big Blue Bubble or its licensors own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. Big Blue Bubble reserves all rights to such software not expressly granted to you in this Agreement.
7. DIGITAL RIGHTS MANAGEMENT SYSTEMS
Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Big Blue Bubble shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by Big Blue Bubble which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. The DRMS for subscription services and Applications licensed from the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.
8. COPYRIGHT COMPLAINTS
Big Blue Bubble respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please see section 18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
9. NO WARRANTY
BIG BLUE BUBBLE PROVIDES THE BIG BLUE BUBBLE FAMILY OF WEBSITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIG BLUE BUBBLE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BIG BLUE BUBBLE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BIG BLUE BUBBLE FAMILY OF WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND (4) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
(a) IF YOU ARE DISSATISFIED WITH THE BIG BLUE BUBBLE FAMILY OF WEBSITES OR ASSOCIATED SOFTWARE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BIG BLUE BUBBLE PARTY WITH RESPECT TO THIS AGREEMENT OR THE BIG BLUE BUBBLE FAMILY OF WEBSITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS, AT BIG BLUE BUBBLE'S OPTION, (1) TO DISCONTINUE USE OF THE BIG BLUE BUBBLE FAMILY OF WEBSITES; (2) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU; OR (3) REFUND OF THE AMOUNT THAT YOU PAID TO BIG BLUE BUBBLE. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL ANY BIG BLUE BUBBLE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BIG BLUE BUBBLE FAMILY OF WEBSITES, EVEN IF SUCH BIG BLUE BUBBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
(c) THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
11. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AS WELL AS ANY RISK THAT THEY WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING USER FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT BIG BLUE BUBBLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
12. CHANGES TO THE BIG BLUE BUBBLE FAMILY OF WEBSITES; ADDITIONAL LIABILITY LIMITATION
THE BIG BLUE BUBBLE PARTIES MAY CHANGE THE BIG BLUE BUBBLE FAMILY OF WEBSITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Big Blue Bubble Family of Websites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Big Blue Bubble and persons other than Big Blue Bubble (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9, 10, 11, AND 12, YOU ACKNOWLEDGE AND AGREE THAT THE BIG BLUE BUBBLE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9, 10, 11, AND 12, YOU ACKNOWLEDGE AND AGREE THAT BIG BLUE BUBBLE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BIG BLUE BUBBLE FAMILY OF WEBSITES, (2) ANY INCOMPATIBILITY BETWEEN THE BIG BLUE BUBBLE FAMILY OF WEBSITES AND OTHER SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BIG BLUE BUBBLE FAMILY OF WEBSITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BIG BLUE BUBBLE FAMILY OF WEBSITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10, 11, AND 12 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
13. TERMINATION; ACCESS RESTRICTION
Big Blue Bubble may terminate this Agreement, or terminate or suspend your access to the Big Blue Bubble Family of Websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Big Blue Bubble Family of Websites will immediately cease.
14. DISPUTE RESOLUTION, CHOICE OF LAW, AND LOCATION FOR RESOLVING DISPUTES
CHOICE OF LAW: All Claims or Disputes arising out of or relating to this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles.
JURISDICTION AND VENUE: You hereby irrevocably consent to the exclusive jurisdiction and venue of the provincial or federal courts in London, Ontario, Canada in all Disputes arising out of or relating to the use of the Big Blue Bubble Family of Websites.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND BIG BLUE BUBBLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIG BLUE BUBBLE FAMILY OF WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Big Blue Bubble may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Big Blue Bubble Family of Websites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Big Blue Bubble with respect to the Big Blue Bubble Family of Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Big Blue Bubble with respect to the Big Blue Bubble Family of Websites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
17. LINKS; ADVERTISERS
The Big Blue Bubble Family of Websites contain links to third party sites that are not under the control of Big Blue Bubble and Big Blue Bubble is not responsible for any content on any linked site. If you access a third party site from the Big Blue Bubble Websites, then you do so at your own risk. Big Blue Bubble provides links only as a convenience and the inclusion of the link does not imply that Big Blue Bubble endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Big Blue Bubble Family of Websites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Big Blue Bubble shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Big Blue Bubble's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Big Blue Bubble that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Big Blue Bubble's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Big Blue Bubble Inc.
220 Dundas Street, Suite 900
London, Ontario, Canada
p: (519) 649-0071
f: (519) 649.0072