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Terms of Use Agreement

PARTIES TO THIS AGREEMENT AND CONSIDERATION:
The parties to this Agreement (the "Terms of Use") are You, (the "User"), and EDEN MEDIA, LLC (hereinafter referred to as "Eden Media", or the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company or BOOBLEEARTH.COM (hereinafter referred to as "BoobleEarth.com", "BoobleEarth", the "Website", or "Site"); the term "You" and "Your" is used to refer to You, the User.

  1. You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the BoobleEarth Site, you are agreeing to its terms. By accessing the materials at this Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
  2. Subject to Your acceptance of the terms and conditions set forth in this Agreement, The Company agrees to grant you a limited personal non-transferable right to access the contents of the Website and affiliated sites operated by the Company.
  3. This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at or via hyperlink to the Websites. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
  4. Any action on Your part to Bookmark to a page on this Websites whereby the Warning Page, the Age Verification Page, and/or the Terms of Use page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years if age or of the age of majority under the laws of Your state, province or country.
  5. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.

1. User Verification & Eligibility:

  1. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITES ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITES DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITES OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN BOOBLEEARTH.COM.
  2. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE MAY INCLUDE EXPLICIT VISUAL AND/OR TEXTUAL DEPICTIONS OF NUDITY; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH MATERIALS FOR YOUR OWN PERSONAL VIEWING.
  3. YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE WEBSITES LINKED WITHIN, AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
  4. YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.

2. Fees/Cancellation & Termination:

  1. Site and related service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. We reserve the right to terminate your access to the Site for any reason or no reason.  You expressly acknowledge that any program providing credits and your participation in it can be terminated in the sole discretion by Eden Media, LLC at any time with no liability to you whatsoever and that you did not join or remain a member of the Site or any other services in reliance on any such program(s).  Even after this Agreement is terminated certain provisions will remain in effect.
  2. Payments are billed only once, at the time of registration. You have an option to select recurring billing, if you so choose. You may cancel your linking at any time by sending us a message using the contact page. However NO refunds will be made for early termination, nor any other reason. Unless and until this agreement is canceled in accordance with the terms hereof, Subscriber hereby authorizes Eden Media, LLC to charge subscriber's credit card to pay for the ongoing cost of membership. Membership is provided on a term-limited basis, and your credit card will be charged only once upon registration. We will provide you notice, by electronic mail, when your subscription nears its conclusion, so that you may extend your membership. If you have opted in for Recurring Billing, then your card will be charged according to the time schedule you selected (6 or 12 months) until such time as you cancel your linking by sending us a message using the contact page.
  3. Eden Media, LLC may terminate your membership upon sending notice to you at the email address you provide in your subscription application or such other email address as you may later provide to us or via any other method in its sole discretion. If Eden Media terminates your membership in the BoobleEarth.com service because you have breached this Agreement, in the sole discretion of Eden Media, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason any and all credits accumulated in any of the Site's programs shall be terminated with no liability to you.  You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:

    Eden Media, LLC
    c/o Customer Service-Cancellations
    375 N. Stephanie Street, Suite 1411
    Henderson, NV  89014-8909

3. Non-Commercial Use by Members/Viewers:

This BoobleEarth site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the BoobleEarth service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at BoobleEarth's sole discretion.

4. Your Consent to Receive Communication From Us

You hereby grant Eden Media the right, from time to time, at our discretion to send You commercial, advertising or informational emails at Your email address. You acknowledge that we may rely upon Your viewing of the Websites as Your permission to us to send You such emails. Furthermore, You grant us the right to continue to send You such emails until You specifically notify us that You wish us to stop sending You said emails.

5. Proprietary Rights of Content on BoobleEarth:

Eden Media, LLC owns and retains other proprietary rights in the BoobleEarth site and the BoobleEarth service. The site contains the copyrighted material, trademarks, and other proprietary information of Eden Media , and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

6. Content Posted on the Site/CDA:

  1. Eden Media, LLC claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Eden Media may delete any content, messages, pho./ or profiles (collectively, "content") that in the sole judgment of Eden Media violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Eden Media and/or its members or users of the site.
  2. You are solely responsible for the content that you publish or display (hereinafter, "post") on BoobleEarth, or transmit to other Eden Media members.
  3. By posting content to any public area of BoobleEarth, you automatically grant, and you represent and warrant that you have the right to grant, to Eden Media and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
  4. Eden Media will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, drugs, or other contraband; violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  5. You must use the BoobleEarth service in a manner consistent with any and all applicable laws and regulations.
  6. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the BoobleEarth. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Eden Media, LLC by our users or third parties.
  7. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through this site. You will not transmit any chain letters or junk email to other BoobleEarth members. Although Eden Media cannot monitor the conduct of its members off the BoobleEarth site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
  8. Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to other Eden Media operated and "powered by" websites, e.g. co-branded, privately labeled, etc.
  9. Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.  Your profile (and the contents thereof) may be used by Eden Media for promotional purposes.  You grant Eden Media the right to use your content, as they see fit, for promotion within and without the confines of this Site.
  10. If you feel you own these visual depictions and they were used without your permission, and would like them removed, please contact the webmaster: webmaster[at]boobleearth.com

7. Copyright Policy/DMCA Notice:

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on BoobleEarth in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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. If you feel you own any of the visual depictions found on the Site, and they were used without your permission, and would like them removed, please contact the webmaster: webmaster[at]boobleearth.com

Eden Media's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached as follows:

Eden Media, LLC
c/o Copyright Agent
375 N. Stephanie Street, Suite 1411
Henderson, NV  89014-8909

It is the intention of Eden Media to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

8. Member Disputes:

Eden Media does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review by the BoobleEarth webmaster, who can be contacted by email:

webmaster[at]boobleearth[dot]com

Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with groups or individuals you found through our site. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the BoobleEarth site, you release Eden Media, LLC, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Eden Media, LLC reserves the right, but has no obligation, to monitor disputes between you and other members.

9. Privacy:

Use of the BoobleEarth site and/or its service is governed by our Privacy Policy, which may change from time to time.  Please bookmark our Privacy Policy, and review it often.

10. Disclaimer of Warranties:

Eden Media, LLC, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the BoobleEarth site or in connection with the BoobleEarth service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the BoobleEarth service whether online or offline. Eden Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Eden Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the BoobleEarth site and/or in connection with the BoobleEarth service. Under no circumstances will Eden Media be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the BoobleEarth site or transmitted to BoobleEarth Members. Eden Media cannot guarantee and does not promise any specific results from use of the site and/or the BoobleEarth service.

EDEN MEDIA, LLC PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. EDEN MEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. EDEN MEDIA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES EDEN MEDIA MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDEN MEDIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

11. LIMITATIONS OF LIABILITY

IN NO EVENT WHATSOEVER SHALL EDEN MEDIA, LLC, ITS SUBSIDIARIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. EDEN MEDIA NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. EDEN MEDIA´S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. U.S. Export Controls:

Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Arbitration of Disputes:

Any and all disputes arising out of or related to these Terms of Use and/or your relationship with Eden Media and/or your use of this Site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Clark County, Nevada. The arbitration shall take place exclusively in Clark County, Nevada and shall be governed by Nevada law without regard to its conflict of law provisions.

14. Indemnity:

You agree to indemnify and hold Eden Media, LLC its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

15. Custodian of Records:

Without limiting any other matter contained herein, you represent and warrant that with respect to any Content you produce and transmit to the Site that contain depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, you represents and warrant that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by you in compliance with such law and will be provided to Zivity promptly upon request.

With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by BoobleEarth (other than depictions submitted by a user as described above), records required by 18 USC Section 2257 are kept by the custodian of records at BoobleEarth. The custodian can be reached by email at info@boobleearth.com or by postal mail to: EdenMedia, 375 N. Stephanie St. #1411, Attn: Custodian.

16. Notices/Other:

Except as explicitly stated otherwise, any notices shall be given by postal mail to:

Eden Media, LLC
c/o General Counsel
375 N. Stephanie Street, Suite 1411
Henderson, NV  89014-8909

You agree that this Agreement and all incorporated Agreements may be automatically assigned by Eden Media, LLC in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Eden Media shall include its subsidiaries, affiliates, officers, agents, and other partners and employees.  Eden Media's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Eden Media, LLC is located at:
375 N. Stephanie Street, Suite 1411
Henderson, NV  89014-8909