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Terms of Service

Effective Date: January 6, 2025

1. Acceptance of Terms

Welcome to Bubbles ("Service"), operated by Budmen Industries LLC ("Budmen," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Budmen Industries LLC. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Bubbles is a real-time audience engagement platform that allows event attendees to submit comments that appear as animated bubbles overlaid on presentations during live events. The Service includes:

  • Comment submission interface for audience members
  • Overlay display for presenting comments during events
  • Operator dashboard for content moderation and room management
  • Optional interactive content (games, media, links)

3. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate and current

If you are under 18, you must have permission from a parent or legal guardian to use the Service.

4. User Accounts and Rooms

4.1 Creating Rooms

Operators may create rooms for events. When you create a room:

  • You receive a unique room code and operator token
  • You are responsible for keeping the operator token secure
  • You are responsible for all activity in your room
  • You must moderate content in accordance with these Terms

4.2 Security

You are responsible for maintaining the confidentiality of your operator token. Any activity conducted using your operator token is your responsibility. Notify us immediately at hello@budmen.com if you believe your operator token has been compromised.

5. Acceptable Use Policy

5.1 Prohibited Content

You may not submit, post, or transmit content that:

  • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy
  • Contains hate speech, discrimination, or promotes violence against individuals or groups
  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
  • Contains viruses, malware, or other harmful code
  • Is spam, commercial solicitation, or advertising (unless authorized)
  • Impersonates any person or entity or falsely states or misrepresents your affiliation
  • Contains personal information of others without consent
  • Is sexually explicit or pornographic
  • Promotes illegal activities or violates any laws

5.2 Prohibited Activities

You may not:

  • Attempt to circumvent any content filtering, rate limiting, or security measures
  • Use automated systems (bots, scrapers) to access the Service
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any portion of the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove, obscure, or alter any legal notices or branding
  • Use the Service for any illegal or unauthorized purpose

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you submit ("User Content"). By submitting User Content, you grant Budmen:

  • A worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your User Content as necessary to provide the Service
  • The right to display your User Content publicly during events
  • The right to moderate, remove, or refuse to display your User Content

6.2 Public Content

User Content is public by design. When you submit a comment:

  • It may be displayed publicly during events to all attendees
  • It may be visible to room operators for moderation
  • You have no expectation of privacy for submitted content

6.3 Budmen's Content

The Service, including its design, features, graphics, text, and code, is owned by Budmen Industries LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7. Content Moderation

We reserve the right, but have no obligation, to:

  • Monitor, review, or moderate User Content
  • Remove, refuse to display, or modify User Content that violates these Terms
  • Suspend or terminate accounts or access for violations
  • Cooperate with law enforcement regarding illegal content

Room operators are responsible for moderating content in their rooms. Budmen is not liable for content displayed in operator-controlled rooms.

8. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy.

9. Disclaimers and Limitation of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURITY.

We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will meet your requirements

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUDMEN INDUSTRIES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, or other harmful code transmitted through the Service
  • Any errors or omissions in any content or for any loss or damage incurred from use of content
  • User Content or conduct of any third party using the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Budmen Industries LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

11. Termination

11.1 Termination by You

You may stop using the Service at any time. You may request deletion of your rooms and data by contacting us at hello@budmen.com.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including:

  • Violation of these Terms
  • Illegal activity or abuse
  • Prolonged inactivity
  • Discontinuation of the Service

11.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your rooms, User Content, and account data. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

12.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in New York, and you hereby consent to the personal jurisdiction and venue of such courts.

12.3 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@budmen.com. We will attempt to resolve disputes in good faith.

13. Changes to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Budmen Industries LLC regarding the Service and supersede all prior agreements.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Updating the "Effective Date" at the top of these Terms
  • Posting a notice on our website
  • Sending an email to your provided email address (if applicable)

Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Contact Information

If you have any questions about these Terms, please contact us:

Budmen Industries LLC

Email: hello@budmen.com

Website: bubbles.budmen.com

These Terms of Service were last updated on January 6, 2025. By using Bubbles, you acknowledge that you have read, understood, and agree to be bound by these Terms.