Contributor Account Agreement
Date Updated: February 25, 2020
By using the Site, User agrees to the Terms set forth herein. If User does not accept these Terms, User should not access the Site or use any of the services, products, or content provided on or through the Site. Accordingly, User agrees to the following:
BLU grants User a limited license to access and make personal use of the Site, subject to compliance with these Terms.
User agrees to use the Site only for lawful purposes and to comply with all local, state, and federal laws, statutes, rules, and regulations in User’s residence or domicile.
User agrees not to take any action that might compromise the security of the Site or render the Site inaccessible to others or otherwise cause damage to the Site or its contents.
User agrees not to use the Site in any manner that might interfere with the rights or privacy of others.
These Terms shall not constitute an appointment of any of the parties hereto as the legal representative or agent of any other party hereto nor shall any party hereto have any right or authority to assume, create or incur in any manner any obligation or other liability of any kind, express or implied, against, or in the name or on behalf of, the other party hereto.
BLU Contributor (“User”) Account
BLU delivers services to users through the BLU Contributor Account submission portal. The BLU Account Name is the unique identifier for User’s BLU Account and is used to identify User’s submissions. User is required to provide an email address and create a password to establish a BLU Contributor Account and to access or use certain information or services available through this Site.
Users requesting and utilizing a BLU Contributor Account shall abide the below agreements:
Users confirms that they are 18 years of age or older.
User agrees to be entirely responsible for maintaining the confidentiality of User’s username password and for any and all activities that occur under User’s BLU Contributor Account. BLU will not be liable for any loss that User may incur as a result of a Third Party accessing or using User’s password or account, either with or without User’s knowledge.
User agrees to immediately notify BLU at hello@firstname.lastname@example.org should User know, or have reasonable grounds to suspect, that the username and/or password have been compromised.
Users are allowed to have only one BLU Contributor Account. Before creating an BLU Contributor Account, User is responsible to determine if User already has an account.
All BLU Contributor Accounts may be monitored for changes to account profile information.
If User requests to close User’s BLU Contributor Account, BLU will mark your account as “Closed” but will retain User’s account information in the form of submissions only in the BLU database in order to maintain integrity of compiled data previously used by BLU.
User may not use the Site to:
attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed by BLU or anyone else; or
collect or attempt to collect any information from others, including, without limitation, personally identifying information; or
attempt to or actually disrupt, impair, interfere with, alter, or modify any data, information, software applications, or other materials posted and/or displayed on another website.
upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
harm legal minors;
intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
upload, post or transmit any software or files that contain software viruses or other harmful computer code;
upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
reproduce, copy, duplicate, or sell any portion of the Site.
use more than one BLU Contributor Account
use automated systems or software to extract data from this Site or for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written license agreement with BLU.
use automated systems or software to input data into this Site is prohibited unless prior written consent is provided by BLU.
User is prohibited from violating or attempting to violate the security of the Site, including, without limitation,
accessing data or information not intended for User;
accessing an account that User is not authorized to access;
probing, scanning, or testing the vulnerability of the Site, or breaching any security or authentication measures, regardless of User’s motives or intent; or
interfering with or disrupting the Site.
Violations of the security of the Site may result in civil or criminal liability. BLU retains the right to investigate occurrences that may involve such violations, and BLU may assist law enforcement authorities in the prosecution of such violations. BLU may also report such violations to regulatory authorities.
User acknowledges that BLU, or its licensors, own and hold all intellectual property and proprietary rights, title, and interest in the Site and that User’s use of the same does not transfer any rights in the same to User.
Disclaimer of Warranties.
THIS SITE AND ITS CONTENT IS PROVIDED TO USER ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLU (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BLU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, OR LIKELY RESULTS FROM USING ANY OF THE DATA, INFORMATION, SOFTWARE APPLICATIONS, OR OTHER MATERIALS PROVIDED BY OR THROUGH THIS SITE. USER EXPRESSLY AGREES THAT USER’S USE OF THIS SITE IS AT USER’S SOLE RISK.
Limitation of Liability.
IN NO EVENT SHALL BLU OR ANY OF ITS OFFICERS, DIRECTORS, AFFILIATE ENTITIES, AGENTS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT (IN EXCESS OF THAT STATED HEREINAFTER IN THIS PARAGRAPH), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE DATA, INFORMATION, SOFTWARE APPLICATIONS, ACCOUNTS, OR OTHER MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OR DURATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS.
User agrees that to the extent User has or believes that User has any claims against BLU relating to User’s use or BLU’s provision of the Site or Content, User will bring those claims in User’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both User and BLU agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
User agrees to indemnify and hold BLU, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content User submits, posts, transmits or makes available through the Site, User’s use of the Site, User’s connection to the Site, User’s violation of these Terms, or User’s violation of any rights of another.
Use Outside the United States.
If User is located outside the United States, User acknowledges that the personal information that User provides to us is being transferred to, stored, processed, and accessed in the United States. When User submits any personal information to us, User consents to this transfer and all related transfers (e.g., data hosting and storage providers, data analytics service providers) and User agrees not to make any transfer except as permitted by applicable local law in User’s location. BLU makes no representations that the Site, its Content, or any services provided on the Site are appropriate or available for use outside the United States.
If User is using the Site from outside the United States, User releases BLU from any and all related claims, demands, and damages (actual, consequential, direct, and indirect) arising out of or connected with any violation of applicable local law in User’s location.
BLU may revise or modify these Terms, the Site, or any Content at any time without notice. By using this Site, User is agreeing to be bound by the then-current version of these Terms.
Termination and Investigations.
BLU, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify User’s access to this Site including User’s Contributor Account, the Content, and/or any and all of the various online services available through this Site at any time and for any reason, including those set forth in these Terms. If BLU believes that User’s conduct or any information User provides via the Site or otherwise to BLU materially fails to conform to these Terms, we reserve the right to investigate and to involve, report to, and cooperate with law enforcement, governmental, or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this Site or any of the services provided herein, with or without notice. Any report made to law enforcement, governmental, or other authorities may be made without notice to User.
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by BLU of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Choice of Law and Choice of Forum.
Any claim, action, or proceeding arising out of these Terms or User’s use of this Site or Content shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to principles of conflict of laws. Any claim, action, or proceeding related to the Terms or User’s use of the Site will be resolved exclusively in the state or federal courts located in the State of Delaware, and User consents to the personal jurisdiction of those courts.
These Terms constitute a legal agreement between User and BLU and governs User’s use of the Site and completely replaces and supersedes any prior agreements between User and BLU, whether written or oral, in relation to the Site.
If any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason by a proper legal authority, then that provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms shall continue in effect.