This website is operated by Bubble Universe, LLC (“Bubble Universe”, also referred to as “we”, “us”, and “our”). Bubble Universe offers this website, including all information, tools and services available from this website (collectively, the “Platform”) to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Platform and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our Platform is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Platform.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Platform and our services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact on the Platform through which our services are provided, without express written permission by us.
We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk.
The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platform at any time, but we have no obligation to update any information on the Platform. You agree that it is your responsibility to monitor changes to the Platform.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Platform or our services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Platform or our services.
Certain products or services may be available exclusively online through the Platform. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Platform is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Platform will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Platform may include materials from third-parties. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal data through the Platform is governed by our Privacy Policy
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or on any related website, should be taken to indicate that all information on the Platform or on any related website has been modified or updated.
If your order was damaged in-transit, if you’ve received the wrong order, or if you want a refund within 30 days, please fill out the form here. Or reach out to our customer service team by emailing us at community@bubbleuniverse.com.
The content, information, software, designs, materials, functions and data included in and contained on the Platform (collectively, the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access the Platform. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on this Platform are protected by copyright and/or trademark law and are the property of Bubble Universe or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from Bubble Universe.
By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, and then by responding YES to a text message confirming your sign-up, you have consented to receive marketing messages from us. Standard message and data rates may apply. You may opt-out at any time by texting STOP in response to any of our messages. You may request help at any time by texting HELP in response to any of our messages or by emailing us at community@bubbleuniverse.com.
Age Restriction
The Platform is not intended for any children under the age of 16. Anyone under the age of 16 is prohibited from using the Platform. By using the Platform, you represent and warrant that you are at least 16 years old.
Electronic Communications
You consent to receive electronic communications from us and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.
Prohibited Content and Uses
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
You may require a password and account identification to allow you to access and use certain portions of the Platform. You may provide us with certain information during the registration process, which you agree to keep accurate and updated. Each set of login credentials is for a single user only. To that end, you are not allowed to share your credentials with any other person. Should we discover that multiple users are sharing your login credentials, we may suspend or terminate your access to the Platform.
Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform in a manner consistent with these Terms of Service. We have no obligation to investigate the authorization or source of any such access or use of the Platform. You are solely responsible for all access to and use of the Platform by anyone using your password or identification whether or not such access to and use of the Platform is actually authorized by you. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the Platform’s security.
ANY INFORMATION PROVIDED ON THE PLATFORM IS GENERAL INFORMATION AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE PLATFORM WITHOUT NOTICE. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (1) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE CONTENT ON THE PLATFORM, (2) AVAILABILITY OF THE PLATFORM AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION, (3) ANY VIRUSES OR OTHER HARMFUL COMPONENTS PRESENT ON THE PLATFORM, (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, OR (5) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU (AND NOT BUBBLE UNIVERSE) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF USING THE PLATFORM. ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE USE OF OUR SERVICES OR PRODUCTS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (1) YOUR ACCESS TO, OR USE OF, MISUSE OF, OR INABILITY TO USE THE PLATFORM OR ANY LINKED WEBSITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE OF THE PLATFORM. IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THESE TERMS (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE PLATFORM FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.
You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, shareholders, members, managers, partners and contractors (collectively, the “Indemnified Parties”) harmless from your breach of these Terms or your violation of any law or the rights of a third party. You agree that the Indemnified Parties will have no liability with respect to any such breach or unauthorized use by you, and you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and costs in connection therewith. You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of, relating to, or in connection with your use of any information, content or service accessed through the Platform.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Platform, or when you cease using our Platform. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Nothing contained in these Terms of Service or any policies or operating rules posted by us on the Platform or your use of the Platform shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute relating in any way to your visit to the Platform or to any services or products you purchase through the Platform must be submitted to confidential, binding arbitration in Los Angeles County, California. Arbitration under these Terms of Service shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bubble Universe agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Some jurisdictions may not allow waivers of class/representative/collective actions, so the above waiver shall apply to the fullest extent permissible under applicable law.
Notwithstanding the foregoing, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, ANY SERVICE PROVIDED BY THE PLATFORM, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Remedies
You acknowledge and agree that damages for any actual or threatened breach of these Terms of Service would be inadequate, and that we are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover. We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees and legal costs. None of our rights or remedies shall be exclusive of any other, whether at law or in equity.
You agree to comply with all applicable laws and regulations with respect to your use of the Platform. You also agree that information provided by you is truthful, complete and accurate to the best of your knowledge. You agree to abide by all Federal, State and local laws and regulations. If you are outside the United States you must comply with all applicable laws and regulations with respect to your online conduct, as well as the export of data to or from the United States or to or from your country or residence.
Questions about the Terms of Service should be sent to us at community@bubbleuniverse.com.