Terms & Conditions

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kiFin Media Productions LLC TERMS OF USE:

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE LIP BUB MOBILE APPLICATION (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

 

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.

 

Basic Terms

  • You must be at least 18 years old to use the Service.
  • You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  • You agree that you will not solicit, collect or use the login credentials of other KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) users.
  • You are responsible for keeping your password secret and secure.
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  • You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  • You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App)  .
  • You must not access KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App)  ‘s private API by means other than those permitted by KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) . Use of KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) ‘s API is subject to a separate set of terms.
  • You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) users.
  • You must not use domain names or web URLs in your username without prior written consent from KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) .
  • You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) page is rendered or displayed in a user’s browser or device.
  • You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  • You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App)  terms.
  • Violation of these Terms of Use may, in KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App)  ‘s sole discretion, result in termination of your KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App)  account. You understand and agree that KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) , we can stop providing all or part of the Service to you.

Applicability of these Terms and Conditions

  • These are the terms and conditions (“Terms and Conditions”) applicable to all KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) applications and websites (each referred to as an “Application”), and professional services (“Professional Services”) purchased or licensed under an “Order Form” executed (either in writing or online) with KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) that incorporate these terms and conditions by reference. These Terms and Conditions, together with each Order Form, are collectively referred to as the “Agreement”. These Terms and Conditions are equally applicable and enforceable as if fully stated with each Order Form in the same document. The Agreement provides the company, broker or agent (a “Customer”) with the right to use an Application and/or obtain Professional Services and is expressly conditioned and subject to Customer’s acceptance of these Terms and Conditions. Customer may execute multiple Order Forms with KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) , and each such Order Form shall also become part of the Agreement which incorporates these Terms and Conditions.
  • Application Users: KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) will provide one or more methodologies for Customer and other end users to obtain access to and become users of the Application(s) (“Users”). The Applications provide Users with the ability to search and retrieve real estate listing and other related data from their mobile devices in Customer’s market. All calls made by Users of the Applications will go directly to Customer with no referral fees. Customer’s brand may be featured in the Applications, which would also include display of the “powered by KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) ” tagline, all in accordance with KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) ’s branding standards that it makes available to Customer from time to time. Users may also be required to accept KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) ’s Terms of Use, Mobile Terms of Use and Privacy Policy located at the KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) website.
  • Fees and Term: The “Fees” for such use of the Application are set forth in the Order Form and are payable without set-off, deduction or counterclaim. The “Term” of this Agreement shall commence on the date of the completed Order Form and shall continue for one year and thereafter shall automatically renew for successive one-year periods, except for those individuals that purchase a single agent Branded App version of an Application and that select a month to month Term on the initial Order Form. Either party may terminate the Agreement by providing 30 days advance written notice to the other party. Customer agrees to pay all charges due through the end of the 30 day cancellation notice period. Set-up, implementation and other development fees in all instances are not refundable. Notwithstanding the foregoing notice period, KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) may terminate this Agreement and disable use of the Application if the Customer breaches any term of this Agreement and fails to cure such breach within 10 business days after notice from KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) .
  • Payment Terms: Customer shall make all payments due under this Agreement via credit card in advance of services being provided. Customer has provided KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) with complete and valid credit card information to enable prompt and full payment of 1.99 once per month as an automatic draft and shall promptly notify KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) should the credit card become invalid. Customer is responsible for any sales, use, value-added and other similar taxes. KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) may charge interest on all unpaid amounts due at a rate equal to 1.5% per month or the highest rate permitted by applicable law, whichever is lower.
  • Listings: If applicable in the Agreement, Customer and KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) will jointly apply for approval to receive data feeds from all Multiple Listing Services (MLS) where Customer is a member for purposes of providing the services. If at any time KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) is notified by an MLS that Customer is no longer a member of that MLS, KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) may terminate the services until such time as the Customer is once again authorized to receive data from the MLS.
  • Advertising and Marketing: KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) may, in its sole discretion, place advertisements in the Application and Customer shall not be entitled to any compensation or revenue sharing from any such advertising except and to the extent expressly set forth in an Order Form. Customer shall market the Application in Customer’s trade area to make consumers aware of the Application, that it is available for download on the Customer’s website and where appropriate in the Customer’s media advertising.
  • Use of Marks: KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) hereby grants to Customer a limited license to the trademarks owned by KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) (“KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) Marks”) solely to identify Customer as having a business relationship with KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) . Customer shall use its reasonable commercial efforts to comply in all material respects with the marketing guidelines KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) publishes from time-to-time. Customer hereby grants to KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) a limited license to use the trademarks owned by Customer (the “Customer Marks”) solely to provide the Application and to identify KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) as having a business relationship with Customer. Should either party notify the other in writing that their use of such party’s Marks does not conform to their trademark usage guidelines, such party shall immediately cease such nonconforming use and shall bring such use into conformance with said trademark usage guidelines and provide specimens of such conforming use within 20 days of receipt of notice of non-compliance. Each party understands and agrees that its use of the other party’s Marks as authorized hereunder does not create any right, title or interest in or to such Marks and that all such use and any goodwill associated with such Marks will inure solely to the benefit of the other party.
  • Ownership: As between KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) and Customer and any User, the Application and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) or its licensors. The performance of Professional Services shall not alter the provisions of the forgoing sentence, and no such Professional Services shall be performed on a “work-made-for-hire” or similar basis that would provide ownership to Customer.
  • Hosting & Maintenance: KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) hosts the data and software for the Application. KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) is not responsible for any outages or service interruptions that occur from time-to-time when using the Applications, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) , in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.
  • Mutual Representations: Each of KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) and Customer hereby represents and warrants to the other that (i) it has the requisite right, power, and authority to enter into this Agreement and to perform its obligations hereunder, (ii) it knows of no law or regulation that would prohibit it from entering into and performing this Agreement, or that would conflict with this Agreement, and (iii) this Agreement has been executed by its duly authorized representative.
  • Disclaimer of Warranties: THE APPLICATION IS PROVIDED TO CUSTOMER AND ALL OTHERS ON AN “AS IS,” “WITH ALL FAULTS” BASIS. NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE KIFIN MEDIA PRODUCTIONS LLC (THE LIPSTICK BUBBLE & LIP BUB MOBILE APP) SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT. ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ACCURACY, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, OR FITNESS OF RESULTING WORK PRODUCT, ARE HEREBY DISCLAIMED.
  • Limitation of Liability: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS OR LICENSES GRANTED HEREUNDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  • Confidentiality: All Information about the pricing and other economic terms of this Agreement (collectively, “Information”) provided by one party to the other pursuant to this Agreement shall be regarded as confidential and proprietary. Information shall not be (1) used for any purpose other than as contemplated in this Agreement or (2) disclosed in any manner to any third party, without the prior written consent of the party disclosing the Confidential Information.
  • Governing Law and Venue: This Agreement shall be governed by, and construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law principles. The state courts located in Los Angeles County, California and federal courts located in Los Angeles, California shall have exclusive jurisdiction to adjudicate any dispute arising out of our relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
  • Force Majeure: Except for payments due under this Agreement, neither party shall be responsible for any failure to perform its obligations hereunder to the extent such failure is due to causes beyond its reasonable control (each a “Force Majeure”), including, without limitation, acts of God, terrorism, war, riot, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, provided that such party gives prompt written notice thereof to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.
  • Severability, Enforcement: If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of this Agreement, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 9 and 10 are considered by the parties to be integral to this Agreement and shall not be modified or severed from this Agreement.
  • Notice: Except as otherwise expressly provided herein, any notice, request, consent, demand or other communication required or permitted to be given by this Agreement must be in writing and must be personally served, commercial courier service or prepaid registered or certified mail to the address of the party set forth in the Agreement, and with respect to KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) , specifically addressed to Legal Department.
  • Other Terms: This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other prior or contemporaneous communications between the parties. Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented except under the execution and delivery of a written agreement executed by the parties hereto. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. This Agreement may not be assigned by Customer without the prior written consent of KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) and any such purported assignment shall be null and void; provided, however, that Customer may assign this Agreement to an affiliate or in connection with a consolidation, merger, or sale of substantially all of its assets to which this Agreement relates, without the consent of KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each party is an independent contractor. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between KiFin Media Productions LLC (The Lipstick Bubble & Lip Bub Mobile App) and Customer. Neither party shall disclose any of the terms, conditions, or provisions of this Agreement without the prior written consent of the other party. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.