Terms of Service

IMPORTANT — PLEASE READ

Welcome to the Bubba the Love Sponge® Show BTLS.com Online Community. These Terms of Service, the BTLS.com Website Terms of Use and BTLS.com Website Privacy Policy, each as amended by BTLS.com from time to time, govern your use of the Bubba the Love Sponge® Show BTLS.com Online Community. These Terms of Service describe the proper kinds of conduct and prohibited uses of the Bubba the Love Sponge® Show BTLS.com Online Community. These terms are not exhaustive and the Bubba the Love Sponge® Show & BTLS.com reserves the right to modify them at any time, effective upon posting of the modified terms on the Online Community. By registering as a user or using the Online Community, you agree to abide by these terms as modified from time to time. Any violation of these terms may result in the suspension or termination of your right to access the Online Community.

Overview, Guidelines and Permissible Uses

The Bubba the Love Sponge® Show believes that the Online Community is a valuable place for Bubba the Love Sponge® Show listeners and fans to exchange information and learn from one another. Like any community, the Online Community is most valuable when everyone follows certain basic guidelines and rules of conduct. The Online Community Terms of Service sets forth these Rules and Guidelines so that you know what is expected of you and what you can expect from other participants when using the Online Community.

At the Bubba the Love Sponge® Show & BTLS.com, we want the Online Community to be appropriate, friendly, informative, safe and fun for all of our users. The Online Community is designed to provide a common area on the internet for all fans to gather and communicate with one another about the show. If everyone follows these Terms of Service, then the Online Community will remain a fun and informative community.

Use of the Bubba the Love Sponge® Show BTLS.com Online Community is limited to participants aged 16 and over.

The Bubba the Love Sponge® Show BTLS.com Online Community is an English language forum geared toward listeners and fans of the Bubba the Love Sponge® Show heard within the U.S. on terrestrial and satellite radio. Use of the Online Community is governed by U.S. law. Although Bubba the Love Sponge® Show listeners and fans from other countries are welcome to use it, Bubba the Love Sponge® Show BTLS.com Online Community Super Moderators / Moderators are not trained to assist these listeners.

Registration

You are not obligated to register in order to access the Online Community and read the message boards. However, registration (via provision of a valid email address, screen name and password) and login are required in order to post to the message boards and adjust user settings. The Bubba the Love Sponge® Show & BTLS.com will handle all information received from you in accordance with BTLS.com Website Privacy Policy.

When you register, you will also be asked to enter certain personal information. Please keep in mind when choosing a screen name and filling out your profile that whenever you post to a message board, your screen name and a link to your profile and online status will automatically appear with your post. (Note: Options to hide certain fields are available in the user profile.)

We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of the Online Community, you agree that all information provided in your profile is accurate, true, current and complete. The Bubba the Love Sponge® Show & BTLS.com may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Bubba the Love Sponge® Show BTLS.com Online Community Super Moderators / Moderators

The Bubba the Love Sponge® Show & BTLS.com provides Super Moderators / Moderators for the Online Community who may provide answers to questions relating to BTLS.com features. Only the BTLS.com Forum Super Moderators / Moderators are authorized representatives of the Bubba the Love Sponge® Show & BTLS.com on the Online Community. The Bubba the Love Sponge® Show employees are assigned as Super Moderators and are given the authority to delete, lock or edit any posts or threads that they deem offensive, malicious or violate any of the terms of service put forth within this.

Although the Online Community is super moderated by the Bubba the Love Sponge® Show employees and moderated by the Bubba the Love Sponge® fans, it is intended only as a way for visitors to meet other fans and talk about show-related material. You agree that postings and Private Messages do not constitute notice to the Bubba the Love Sponge® Show for any purpose, legal or otherwise. The Online Community is not a substitute for contacting the Bubba the Love Sponge® Show or anyone involved with it. If you need to contact the Bubba the Love Sponge® Show, please do so by sending an email to show@btls.com.

Posting Content / Sending Private Messages

Participation in the Online Community is governed by the Rules of Conduct which are set forth below. Messages sent as Private Messages are subject to all rules set forth in these Terms of Service. Note: Other users have the right to block Private Messages sent using the Ignore feature, or to turn off this feature altogether.

Links to Other Sites

The Bubba the Love Sponge® Show BTLS.com Online Community permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by Super Moderators / Moderators, links are subject to treatment like any other type of content posted to the Online Community. You may not include a link in the Online Community that directs users to any content or information that, if posted in the Online Community, would constitute a violation of these Terms of Service.

The linked sites are not moderated by the Bubba the Love Sponge® Show & BTLS.com and are not under the Bubba the Love Sponge® Show or BTLS.com’s control, and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving the Online Community using any link provided by a user, you should be aware that BTLS.com Website terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find the materials to be in violation of these Terms of Service, you may report the link as described below.

The Bubba the Love Sponge® Show & BTLS.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Online Community. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of the Online Community does not imply affiliation, endorsement, or adoption by the Bubba the Love Sponge® Show or BTLS.com of the linked site or any information contained therein.

Enforcement

BTLS.com generally does not pre-screen, verify or edit the content posted by users in the Online Community. However, the Bubba the Love Sponge® Show, BTLS.com and its agents reserve the right to investigate any violation of the BTLS.com Website Terms of Use and these Online Community Terms of Service and to take appropriate remedial action. The Bubba the Love Sponge® Show & BTLS.com has absolute discretion to enforce the BTLS.com Website Terms of Use and these Terms of Service, including, but not limited to warning users of violations, disabling or suspending Private Message privileges and/or Forum access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for this Forum, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of these Terms of Service, the entire thread, including the original post and all replies, may be deleted. Bubba the Love Sponge® Show BTLS.com Online Community Super Moderators / Moderators generally will not edit users’ posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it.

The Bubba the Love Sponge® Show & BTLS.com also may release information concerning your use of the Online Community (including posted content, registration information, and network records) when the Bubba the Love Sponge® Show or BTLS.com believes release is necessary or appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply the BTLS.com Website Terms of Use and these Terms of Service; to protect the Bubba the Love Sponge® Show or BTLS.com’s rights or property, or to protect Bubba the Love Sponge® Show or BTLS.com’s users from fraudulent, abusive, or unlawful use of the Online Community; or if Bubba the Love Sponge® Show or BTLS.com reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use the Online Community violates these Terms of Service, constitutes an unlawful trespass to BTLS.com’s equipment and systems, and may result in legal action. To report violations of these Terms of Service, please write to the Online Community Administrator at admin@btls.com.This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Please include the message board name, the post’s subject, the post author screen name, the link of the post in question and any other applicable information in your email.

Rules of Conduct

By participating in the Online Community, including the posting of content and sending of Private Messages, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or any other information) that:

  1. Is not consistent with the permissible uses outlined by these Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
  2. Infringes on any intellectual property of the Bubba the Love Sponge® Show & BTLS.com or any third party, including without limitation any patent, trademark, trade secret, copyright, or other proprietary rights. If you are a copyright owner or an agent thereof and believe that anything on the Online Community infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
    • Your electronic or physical signature;
    • A description of the work you claim has been infringed;
    • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Online Community;
    • Your address, telephone number and e-mail address;
    • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law;
    • A statement by you, 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.
  3. Notification pursuant to the DMCA should be submitted to: Copyright Agent, c/o Bubba the Love Sponge® Show, P.O. Box 21061, Tampa, FL 33622, Phone: 888-692-8222, email: admin@btls.com. For clarity, only DMCA notices should go to this email address. Any other feedback, comments, requests for technical support, and other communications should be directed to BTLS.com’s customer service. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
  4. Constitutes advertising or promotion, junk mail, spamming, chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by the Bubba the Love Sponge® Show & BTLS.com in its sole discretion;
  5. Contains software viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
  6. Provides any non-public information about the Bubba the Love Sponge® Show & BTLS.com or any other company or person without the proper authorization to do so. This includes providing the names and phone numbers of Bubba the Love Sponge® employees and Forum participants;
  7. Intentionally interferes with the operation of the Online Community or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
  8. Impersonates any person or entity, including a Bubba the Love Sponge® Show employee, or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
  9. Attacks or insults another Bubba the Love Sponge® BTLS.com Online Community user or Super Moderator / Moderator;

Additional Guidelines

These Additional Guidelines are intended to set the Online Community’s tone and visitor expectations, in order to improve the Online Community experience.
Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in the Online Community, you post at your own risk.

You use the Online Community at your own risk. In any online forum like Bubba the Love Sponge® Show BTLS.com Online Community, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Online Community Super Moderators / Moderators do not respond to every post. The Online Community is a place for users to communicate with other users. Forum Super Moderators / Moderators will review the message boards, and respond at their discretion. If you need to contact the Bubba the Love Sponge® Show, please do so by sending an email to show@btls.com.

Be respectful of other users. Some Forum users are new to computing and may not have extensive knowledge of computers and their use. Belittling or insulting remarks are not conducive to the creation of a strong online community.

Disclaimer of Warranties and Limitation of Liability

Most of the content posted to the Bubba the Love Sponge® Show BTLS.com Online Community and sent in Private Messages is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. The Bubba the Love Sponge® Show &am; BTLS.com does not control, and is not responsible for this third-party content. You agree to indemnify, defend and hold the Bubba the Love Sponge® Show, BTLS.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from all damages, losses, liabilities, expenses, costs, claims and causes of action, whether in contract, tort (including, but not limited to, negligence, or otherwise) or otherwise , including reasonable attorneys’ fees, (collectively “Losses”) arising out of or related to content you submit, post, transmit or make available through the Online Community or its Private Message feature, your use of the Online Community, your violation of these Terms of Service or the BTLS.com Website Terms of Use, or your violation of any rights of another. Although the Online Community is super moderated by Bubba the Love Sponge® Show employees who are trained and authorized representatives and who will do their best to answer your questions and assist you, they may not have time to fully research answers before posting them due to time pressures. Accordingly, the Online Community is not a substitute for contacting the Bubba the Love Sponge® Show or BTLS.com support or customer care. If you need to contact BTLS.com support or customer care, please do so by using the contact information provided above.

The Bubba the Love Sponge® Show & BTLS.com does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the Online Community, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on that content. The Bubba the Love Sponge® Show & BTLS.com will not be liable or responsible in any way for any content posted on or linked from the Online Community or in Private Messages, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the BTLS.com Website Terms of Use that apply to all of the Bubba the Love Sponge® Show websites. Under no circumstances, including but not limited to, negligence, shall the Bubba the Love Sponge® Show & BTLS.com be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, the site, the site materials, the software or the information provided by a the Bubba the Love Sponge® Show BTLS.com Super Moderator / Moderator. In no event shall the Bubba the Love Sponge® Show& BTLS.com’s total liability to you for all Losses exceed the amount paid by you, if any, for accessing the Online Community. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such cases, the Bubba the Love Sponge® Show & BTLS.com’s liability is limited to the greatest extent permitted by law.

The Online Community website is part of the Bubba the Love Sponge® Show website. These Online Community Terms of Service are not intended to replace the BTLS.com Website Terms of Use. Unless they conflict, the BTLS.com Website Terms of Use and these Online Community Terms of Service shall be read together. In the event that the BTLS.com Website Terms of Use conflict with these Online Community Terms of Service, these Online Community Terms of Service shall prevail. The BTLS.com Website Terms of Use are located at http://btls.com/terms-of-use.

Governing Law and Venue

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Hillsborough County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
BTLS.com Website Terms of Use: http://btls.com/terms-of-use