This Website Terms of Use (hereinafter “TOU”) apply to each visitor of our website(s), or any other BLUU website displaying these TOU (collectively, the “Sites“) operated by BLUU, Inc. with its office at 255 route 17 South, Hackensack, New Jersey 07601, USA its parent, affiliates, or subsidiaries (“BLUU,” “we,” “us,” or “our”).
Your use of the Sites is subject to these TOU and all applicable laws, rules, and regulations. Please read these TOU carefully and contact us with any questions.
By accessing and/or using the Sites and the functionalities offered on it, you agree that you have read, understand, and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access or use the Sites. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these TOU. You can review the most current version of these TOU at any time on www.eBLUU.com. These TOU may be modified by us at any time.
- Right to access and use the Sites
BLUU grants you a limited right to access and use the Sites under the conditions as set out in the TOU. As between BLUU and you, title, ownership rights, and intellectual property rights in and to the Sites and any derivatives or modifications thereof, in whole or in part, remain with BLUU. You understand that BLUU may modify or discontinue the Sites or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Sites except in our sole discretion. You do not acquire any right, title, or interest in any content on the Sites by virtue of accessing the Sites or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Sites is granted to you by these TOU or otherwise. The trademarks, logos, service marks, and business names displayed on the Sites are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Sites and any unauthorized reproduction, retransmission or other use of any part of the Sites may infringe our or third parties’ copyrights, trademarks, privacy, publicity, or other rights. This includes, without limitation, the use of automated systems or software to extract data from the Sites for commercial purposes (also known as screen scraping), unless where you have a written agreement with us particularly to this extent.
- Privacy and use of cookies
Any information you provide during access to and use of the Sites is governed by BLUU’s Privacy Policy. By using the Sites, you agree to the collection, use, and sharing, if any, of your information as set forth in our Privacy Policy. Any dispute over privacy is subject to the TOU and the Privacy Policy.
In addition, we use cookies and other automated means of data collection on our Sites.
3. Advertising Disclaimer
The content provided on BLUU websites and marketing platforms are in no way intended as endorsements of the advertisers, services, or related advertiser claims, the business owners, affiliated entities, or the website editors. herein is for entertainment and informational purposes only. All contents and information provided AS IS. Advertisers shall be solely responsible for information about advertised products and services. BLUU shall not be liable for any misprints, errors, omiaaions or any other information provided by advertisers on these websites.
- Prohibitions
Unless otherwise expressly authorized in writing by BLUU, you may not take any action to interfere with the Sites or any other visitor’s use of the Sites. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from the Sites without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Sites.
Where appropriate, for example in our contact form, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you must not use information about any other person.
- Digital Millennium Copyright Act (“DMCA”) Notice.
It is our policy in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable laws to reserve the rights of third party’s copyright or other intellectual property rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, or otherwise modify the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Notices should be addressed to: DMCA Agent, 255 Route 17 South, Hackensack, New Jersey 07601; email: legal@eBLUU.com.
- Limitation on Liability Disclaimers.
ALL PROVISIONS SET OUT BELOW IN THIS SECTION 6 WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
THE SITES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITES AT YOUR OWN RISK. BLUU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BLUU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLUU DOES NOT WARRANT THAT THE SITES OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT BLUU) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.
BLUU EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITES. IN NO EVENT SHALL BLUU, ITS PARENT, ITS SUBSIDIARY OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITES, OR (VI) OTHERWISE RESULTING FROM THE USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE US DOLLARS (US $5.00).
- Indemnity
To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless BLUU, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Sites, including without limitation (i) all matters related to your access to and use of any BLUU online services, including, without limitation, your use of the Sites, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Sites caused damage to a third party, and/or (v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.
- Links to Other Sites
The Sites, including content therein, may contain links to third-party sites, websites, or applications. These links are provided as a convenience to you. Third party websites for which BLUU does not exercise control, BLUU is not responsible for the content of such third-party sites, websites, or applications or the conduct of the operators of such third-party sites, websites, or applications, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party sites, websites, or applications. BLUU encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party sites, websites, or applications, you do so at your own risk. Your use of all third-party sites, websites, or applications are subject to the applicable policies of those third parties.
- Termination
BLUU reserves the right, at any time and in its sole discretion, to discontinue the use of the Sites in whole or in part, and prevent any person or entity from access to the Sites. Upon termination for any reason, Limitation on Liability and Disclaimers, Indemnity and General provisions shall survive.
- General
The TOU and your use of the Sites shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, unless otherwise stated by mandatory laws. Any action shall be brought exclusively in the courts located in the County of Bergen; New Jersey and you hereby consent to such jurisdiction and venue to the extent permitted by applicable law. In no event shall any claim, action, or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose. If any provision of the TOU (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. The failure of BLUU to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of BLUU’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term. The TOU and the Privacy Policy constitute the entire agreement between you and BLUU with respect to the offering of our Sites to you.
Questions
Should you have any questions regarding these TOU you may contact us at info@eBLUU.com or via the address as indicated in the header of these TOU.