Terms of Use Agreement for Blue Margin, Inc. Website
https://www.bluemargin.com
YOU AGREE AND ACKNOWLEDGE THAT BY USING BLUEMARGIN.COM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT. Please read this Terms of Use Agreement (this “Agreement”) before using bluemargin.com.
The bluemargin.com website (“bluemargin.com” or “Website”) is owned by Blue Margin, Inc. ("Blue Margin"). You acknowledge that the Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material, content and services (collectively "Content"), which is generally provided by Blue Margin or by licensors of Blue Margin. Notwithstanding the fact that Blue Margin permits access to the Content, you acknowledge and agree that the Content, its use and/or the use of this website is protected by patents, copyrights, trademarks, and other proprietary and intellectual property rights, that these rights are valid and protected in all media now existing or later developed, and that your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the bluemargin.com website and/or the Content or any portion thereof for any commercial purpose is a violation of patent, copyright, trademark, and other proprietary and intellectual property rights owned by Blue Margin and third parties. Without limiting any of the foregoing, you understand and agree that if you copy any Content or portion thereof for any purpose not expressly permitted in this Agreement, whether such copying or use is for your commercial gain, you are violating the rights of Blue Margin and/or its licensors, and may be subject to criminal and/or civil prosecution.
In addition to Blue Margin's and its licensors' rights in individual elements of the Content, Blue Margin owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. The Website may permit you to download and/or print certain Content and you may do so, and you may make a limited, reasonable number of copies of such downloaded and/or printed Content solely for your internal business purposes and no other purpose whatsoever, provided that all such copies are a complete and accurate copy of the downloaded and/or printed Content and further provided that all such copies include any proprietary notices of Blue Margin; all such copies (whether printed or electronic) are considered Content here under, and subject to the terms of this Agreement. Except for the limited right to download, print and/or copy as described in the preceding sentence, and notwithstanding anything else herein to the contrary, you understand that you may not otherwise copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or printed materials, or in any other way exploit bluemargin.com and/or any of the Content (in whole or in party), including by way of scraping or harvesting or by replicating or copying the Website’s underlying style, optimization, or code, and/or to incorporate it in other works in any form, media, or technology now known or later developed (collectively, “Use”), even if you attribute such Content or Use to Blue Margin or its licensors.
You agree that you shall not upload to the Website any data, files, content or other information (“Submitted Data”), or otherwise transmit on or through this website, any Submitted Data that are subject to any rights of any third parties, or in which any holder of such rights has not given express authorization for distribution by you. By providing Submitted Data to Blue Margin, you automatically grant, or warrant that the owner of such Submitted Data has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right, and license to Use the Submitted Data.
Any personal information, such as your name, email address or other contact information provided to Blue Margin shall be handled in accordance with, and subject to, the Blue Margin Privacy Policy, published separately on the bluemargin.com website.
We use commercially reasonable efforts to ensure that the colors, design and details of the products and services displayed on bluemargin.com are accurate. However, we cannot and do not guarantee that the colors, design, and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design, and details.
Blue Margin reserves the right at any time and without notice to change the products and or services that are described on the Website.
You agree to use bluemargin.com only for lawful purposes. You are expressly prohibited from transmitting through bluemargin.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). You agree and acknowledge that Blue Margin is not responsible or liable to you or any other party for any Prohibited Conduct by any user of bluemargin.com at any time.
Notwithstanding anything in this Agreement to the contrary, Blue Margin is in no way obligated to monitor any user's use of or to monitor, retain, review and/or edit Submitted Data or any information provided by any user and transmitted through bluemargin.com. However, Blue Margin does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information (including any Submitted Data) as Blue Margin determines necessary, in its sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend Blue Margin’s rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of bluemargin.com; and (v) protect the interests of Blue Margin’s users or the public.
You are expressly prohibited from using a false e-mail address or other identifying information and from communicating to others that you are affiliated with bluemargin.com in any way.
Bluemargin.com uses "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in with a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
You acknowledge that some of our business partners may use cookies on our site (for example, advertisers), and agree that we have no access to or control over these cookies.
This Website may contain links to other websites solely for your convenience. Blue Margin does not endorse nor make any warranties or representations about any website you may access through a link from bluemargin.com. You agree and acknowledge that you (and not Blue Margin) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites. Please note that such other websites may have terms of use and/or privacy policies different from Blue Margin’s and any use of such other websites and/or any information you provide to or through such other websites will be subject to the terms of use and privacy policies of those other websites and not Blue Margin’s. Blue Margin shall have no responsibility or liability for acts or omissions of any party (including you) with respect to such other websites.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL BLUE MARGIN, OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM OR THROUGH THIS WEBSITE, THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR OTHER MATERIALS OR THE WEBSITE, EVEN IF BLUE MARGIN OR A BLUE MARGIN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, DAMAGE TO COMPUTER OR MOBILE DEVICE SYSTEMS, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES. IN NO EVENT SHALL BLUE MARGIN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), ANY OTHER LEGAL THEORY, OR OTHERWISE EXCEED $100.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Section 7 applies only to damages, losses and causes of action that arise through your use of, or inability to use, this Website, any Content or other materials on this Website and/or any products or services purchased through this Website, if applicable. Without limiting the foregoing, in the event you and Blue Margin enter into a written agreement for products or services, the provisions of such written agreement (and not this Agreement, including this Section 7) shall govern your acquisition and use of such products or services, and the limitations of liability thereof.
THE CONTENT AND ANY OTHER MATERIALS ON THIS WEBSITE, AND THE WEBSITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUE MARGIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUE MARGIN DOES NOT WARRANT THAT THIS WEBSITE OR YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR ANY CONTENT OR OTHER MATERIALS CONTAINED IN THIS WEBSITE, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE MARGIN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLUE MARGIN) ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY CONTENT AND/OR OTHER MATERIALS CONTAINED IN THIS WEBSITE.
If you contact Blue Margin with information including, without limitation, feedback (e.g., questions, comments, suggestions, or the like) regarding this Website, the Content or any item on this Website (collectively, "Information"), the Information shall be deemed to be non-confidential and Blue Margin shall have no obligation of any kind with respect to the Information. In addition, you agree and acknowledge that Blue Margin shall be free to Use and distribute the Information to others without limitation, and to authorize others to do the same. Further, Blue Margin shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and other items incorporating the Information. Blue Margin shall not be liable or owe any compensation for the Use or disclosure of the Information.
Unless otherwise specified, the Content and/or other materials on the Website are presented solely for promoting products and services available in the United States, its territories, possessions, and protectorates. Blue Margin makes no representation that Content and/or other materials on this Website, or the products and services promoted on this Website, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Website is further subject to United States export controls. No software from this Website 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 United States 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.
This Agreement is governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Colorado. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified, except as provided in Section 12.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Content and/or other materials obtained from this Website, and all copies thereof. This Agreement may terminate immediately without notice from Blue Margin if in Blue Margin's sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Content and/or other materials obtained from this Website, and all copies thereof. Termination will not affect any rights, obligations or liabilities that arose prior to such termination.
Blue Margin may change, add, or delete Content, products, materials, services, programs and the like that are described in this Website at any time without notice. Blue Margin reserves the right to update, modify, revise, or otherwise change this Agreement at any time with or without prior notice. Your use of bluemargin.com at any time after such update, modification, revision, or change constitutes your acceptance of such update, modification, revision, or change. You are encouraged to review this Agreement periodically.
Your privacy is important to us. It is important that you review our Privacy Policy as it governs our collection, use, and storage of information about you when you visit this Website and it is part of these Terms and your agreement with Blue Margin when using bluemargin.com.
This document was last updated on:
02/02/2021
