Effective March 08, 2013
Among other things, the Agreement oversees all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, "Content") available on or through Bluefin Media, whether posted, uploaded, transmitted, sent or otherwise made accessible by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such content uploaded manually or bookmarked by you and/or other users.
2. Monitoring and Complaints Against Other Users
Bluefin Media strive to deliver an exceptional online experience for our users, so we may monitor activity on our websites, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere, to foster obedience with the Agreement. You hereby agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) Bluefin Media, or any subsidiary of, will be monitored for accuracy or unacceptable use, (2) apparent declarations of fact will be authenticated, or (3) we will take any specific action in the event of a challenge or disagreement concerning compliance or non-compliance with the Agreement. We normally do not pre-screen content before it is posted, uploaded, transmitted, sent or otherwise made available on or through Bluefin Media by users, so you may be exposed to content that is opinionated, offensive, and/or inappropriate, including content that violates the Agreement.
b. What to Do if You Have a Complaint Against Another User
- Keep in mind that by using the publicly available portions of Bluefin Media you may be exposed to content that is opinionated, offensive, and/or inappropriate, including content that violates the Agreement, but not all of such content is actionable. We ask that you not use Bluefin Media, or lodge grievances against other users, to enable a personal disagreement. If you have a genuine complaint about another user, please do the following:
- Harassment: If you have probable cause to believe that another person is using Bluefin Media in a way that is damaging to you (e.g., to impersonate or imitate you, to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies.
- Copyright Complaints: If you have reason to believe that your content has been copied and/or is available on Bluefin Media or its subsidiary websites in a way that constitutes a copyright violation, or that Bluefin Media contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may alert us as described below in the section titled Copyright Complaints.
- CyberCrime: If you have reason to believe you may be the target of online misconduct, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
a. The Information We Collect
Through Bluefin Media websites and other media; engage in various activities like entering contests or sweepstakes, playing games, taking quizzes, voting in polls or otherwise expressing an opinion; subscribe to one of our services, such as newsletters; or partake in one of our online forums or groups. Your personal and identifiable information may be required to participate in these events as well as to obtain products and services that you may have requested. The types of personal and identifiable information that may be collected at these pages and elsewhere include but are not limited to: name, address, gender, e-mail address, telephone number, fax number and credit or debit card information.
We may also gather information about your personal or professional interests and use of or opinions about various products, programs and services.
At some Bluefin Media sites and through certain promotions, you can submit information about other people. For example, you might submit a person's name, mailing and/or e-mail address to send a gift or electronic greeting card. The types of personal and identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address and telephone number.
We may also collect certain non-personal and identifiable information when you visit our web pages or use our applications, such as the type of browser and operating system you are using, your IP address, your device identifiers, your Internet or wireless service provider, and location-based information.
b. How We Use the Information
We may use the information you provide about yourself or others to achieve requests for our publications, products or services, to respond to inquiries about offerings and to offer other products, programs or services that may be of interest.
Any material or content that you willingly reveal for posting to Bluefin Media (for instance, in user content you post on message boards or in chat areas) becomes accessible to the public. You should be aware that even if you remove user content, copies may continue to be viewable in hidden and archived pages or if other users have copied or stored your user content.
By providing Bluefin Media with your email address, you give us permission to use your email address to send you Bluefin Media-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as newsletters, changes to features of Bluefin Media or special offers. If you do not want to receive such email messages, you may choose to not be notified by sending an email message to email@example.com with the words “No email – Bluefin Media” in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
We may disclose personally identifiable information that we receive from you and from third party sources to third parties whose practices are not covered by this privacy statement (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you.
We sometimes use this information to connect with you, such as to notify you when you have won one of our contests or sweepstakes, when we make changes to subscriber agreements, to accomplish a request by you for an online newsletter, or to contact you about your account.
If you decide to submit content (e.g., a "letter to our editors" or an online review), we may publish your name, screen name and other information you have provided to us. You hereby consent to this. The information we gather in connection with our online forums and communities is used to deliver an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
We sometimes use the non-personally identifiable information that we collect to enhance the design and content of our websites, and to enable us to customize your Internet experience. We also may use this information to examine site usage, as well as to offer you products, programs, or services.
We will reveal information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
c. Privacy Options
If you prefer not to receive traditional mail or other off-line promotions from this or any other Bluefin Media property, or if you want to opt-out of any sharing of your personally identifiable offline information with third parties not owned by Bluefin Media, please firstname.lastname@example.org. If you prefer not to receive e-mail marketing from this or any other Bluefin Media property, or if you want to opt-out of any sharing of your email address with third parties not owned by Bluefin Media, please send a request to email@example.com.
Bluefin Media sites will not use or transfer personally identifiable information provided to us in ways unconnected to the ones mentioned above without also providing you with a chance to not be a part of these separate uses.
d. In California
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties' direct marketing purposes offline please firstname.lastname@example.org, or for email please email@example.com. To find out more about your opt-out rights, please contact us as described in the "How to Contact Us" section below.
e. Collection of Information by Third-Party Sites and Sponsors
Some of our sites contain links to other sites whose information practices may be different than ours. Bluefin Media also permits you to join with other sites and services in order to share content and information. You should refer to the other sites' and services' privacy notices, as we have no control over information that is submitted to, or collected by, these third parties or their use of your information. Bluefin Media sites occasionally may offer contests, sweepstakes, promotions, editorial features, or other activities or offerings that are sponsored or co-sponsored by or presented with identified third parties. By virtue of your participation in such events or offerings, your IP address and the personally identifiable information that you willingly submit may be provided to both the Bluefin Media site and the third parties. Bluefin Media has no control over the third parties' use of this information. Bluefin Media sites may use trustworthy third parties to present or serve advertisements, including online behavioral advertisements, that you may see on the web pages and to conduct research about the advertisements. This privacy notice does not insure any use of information that such third parties may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the third-parties to collect that information (e.g., cookies, web beacons and clear gifs).
To improve your experience on our services, we may place "cookies" on your computer or device. Cookies are small text files that we place in your computer or device to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to offer this information to us by, for example, registering with one of our services. Once you choose to provide us with personal information, this information may be linked to the data stored in the cookie. A cookie assigns a unique numerical identifier to your Web browser or device, and may enable us to recognize you as the same user who has used our services, and relate your use of the services to other information about you, such as your usage information and private information.
Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. However, you may find that some parts of the site will not run properly if you have refused cookies or similar tracking technologies and you should be aware that disabling cookies or similar tracking technologies might prevent you from accessing some of our content. However, your viewing of editorial content may be hampered. If you wish to block cookies, go to http://www.allaboutcookies.org/ to find out how, or check your browser’s instructions.
Local Shared Objects: Local shared objects, such as Flash cookies, also may be stored on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing Flash cookies, for example, see http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flas... .
HTML 5: HTML5, the language some Web sites are coded in, may be used to store information on your computer or device about your service usage activities. This information may be recovered by us to help us manage our services, such as by giving us information about how our services are being used by our visitors, how they can be improved, and to customize them for our users.
Cache Cookies: Cache cookies, such as eTags, may be used to recognize your computer or device as the same computer or device that visited a service or services in the past.
These tracking technologies may be deployed by us and/or by our service providers or partners on our behalf. These technologies enable us to assign a unique number to you, and relate your service usage information to other information about you, including your personal information. We may match information collected from you through different means or at different times, including both personal information and Service usage information, and use such information along with offline and online information obtained from other sources (including third parties) such as demographic information and updated contact information (where that information has been legally disclosed to us) for the purposes of learning more about you so we can provide you with pertinent content.
g. Our Commitment to Security
We have put in place suitable managerial, technical, and physical safeguards to help avert unauthorized access, maintain data security and properly use the information we collect. No system can be totally secure, however, and we do not guarantee that unauthorized disclosures and access will not occur.
h. Accessing, Correcting, and Deleting Your Personal Information
We will take rational steps to precisely record the personal information that you provide to us and any succeeding updates. We encourage you to evaluate, update, and correct the personal information that we maintain about you, and you may request that we delete personal information about you that is wrong, incomplete, or irrelevant for sincere purposes, or are being processed in a way which invades any valid legal requirements, by contacting us as set out in the "How to Contact Us" section below. At our election, instead of deleting such information, we may hold it with your comment or correction noted in our records. By contacting us, you may also object to our further use of your personal information if you have convincing legitimate grounds (this may involve closing your account). We may ask you to confirm your identity and to offer other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to review, update, correct, and delete your personal information may be limited, subject to the law or your authority: (i) if your requests are abusive or unreasonably excessive, (ii) where the rights or safety of another person or persons would be encroached upon, or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would bias negotiations between us or an investigation of possible illegal activity. Your right to review, update, correct and remove your information is subject to our records holding policies and applicable law, including any legal retention requirements.
i. Retention of Personal Information
We will recall your personal information while you have an account with us and thereafter for as long as we require it for purposes not forbidden by applicable laws. Thereafter, we will either remove your personal information or de-identify it so that it is anonymous and not credited to yourself. Your rights to request that we remove your personal information are set forth in the "Accessing, Correcting, and Deleting Your Personal Information" section above.
j. Special Note for Parents
Currently all the sites that Bluefin Media owns and operates are meant to be viewed by a general audience and are not planned for use by children. Some content may not be suitable for children.
l. How to Contact Us
If you have any questions or concerns about the Bluefin Media Privacy Notice or its implementation please contact us via email by clicking here or by writing to:
Bluefin Media Attention: Privacy 2262 Levis Commons Blvd. Perrysburg, OH 43551
4. Registration and Account/Profile Creation
a. Registration Information:
- We reserve the right at any time, with or without notice, to eliminate or require a change to or recover any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for portions of Bluefin Media, Bluefin Media as a whole, or certain products and/or services.
- You will be exclusively accountable for upholding the privacy of your Registration Information. You may not allow or permit anyone else to access and/or use your Registration Information, or access, visit and/or use Bluefin Media by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use Bluefin Media by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any effort to do so will be null and void and shall be considered a material breach of the Agreement.
- You are exclusively accountable for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You recognize and agree that we may, and you specifically authorize us to, process all transactions, including without restraint purchases and/or registration for additional merchandise, products and/or services, including without restraint content, that are initiated by use of your Registration Information.
5. Fees and Payments:
a. We and our licensors, vendors, and/or service providers may charge you fees for merchandise, products and/or services, including without limitation content, offered for sale, rental or auction on or through Bluefin Media, and/or for access to portions of Bluefin Media or Bluefin Media as a whole. You agree to pay all fees and charges, including applicable taxes and surcharges, experienced through your activity on or through Bluefin Media and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are experienced (such fees, charges, taxes, and surcharges shall collectively be referred to as "Fees"). Unless otherwise specified on Bluefin Media, all fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or service providers reserve the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon publication of such revised pricing on Bluefin Media.
b. If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to hold such information and to charge all fees to such payment method.
c. We may charge fees in advance and on a daily, monthly, yearly, lump sum, or other basis. Fees for certain merchandise, products and/or services, including without limitation content, may be invoiced on your mobile carrier's bill. We may, in our sole discretion, charge fees to your designated payment method individually, or elect to aggregate fees for some or all of your purchases. All fees are due promptly and are non-refundable. You must notify us about any billing problems or inconsistency within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or inconsistency.
d. If fees cannot be charged to the payment method you elect, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand instant payment of all outstanding fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect fees owed to us, and you will be responsible for all costs and expenses experienced in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use Bluefin Media or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
e. In addition, you are accountable for locating and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use Bluefin Media. If you are accessing Bluefin Media through a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.
6. Sensitive Information Disclaimer
a. While you may freely deliberate subjects of interest to you, and Bluefin Media may include general content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on Bluefin Media for individual guidance on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole accountability for evaluating the merits and/or risks associated with use of content obtained on or through this service before making any decisions based on such content.
b. THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE.
7. Rules of Usage
a. Use of the Service by You:
- Bluefin Media is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are specifically forbidden from registering for Bluefin Media or submitting their personally identifiable information to us, and from using portions of Bluefin Media for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, contests/sweepstakes, and elsewhere.
- You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use Bluefin Media does not distract or interfere with our operation of Bluefin Media, or impede or interfere with others' access, visitation and/or use of Bluefin Media. We reserve the right, in addition to our other remedies, with or without notice, to immediately detach from Bluefin Media any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, Bluefin Media or any content.
- If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and promise that such device is registered in your name and owned by you, or that you have authorization of the device owner(s).
- Unless otherwise specified, Bluefin Media is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, Bluefin Media by you and by those you authorize or allow using or providing access to, Bluefin Media, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which Bluefin Media resides or is accessible.
- You acknowledge that we have not reviewed and do not necessarily authorize the content of sites, applications, destinations or services linked to or accessible from this service and are not accountable for the content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk. • You must obey with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using Bluefin Media, and will immediately notify us if you learn of or suspect a security breach or any unlawful activity in connection with Bluefin Media.
- You must obey with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any content on or through Bluefin Media that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.
- You represent and permit that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of Bluefin Media, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
- Certain content may be made available to you on or through Bluefin Media for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such content is subject to the same terms, conditions, limitations and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such content only to the extent expressly authorized for the particular content, and you may not use such content in a manner that surpasses such authorization.
b. Prohibitions on Use of the Service:
Absent explicit prior written consent in certain situations, you may not, nor may you allow, permit, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
- access and/or use anyone else's Registration Information, or access, visit and/or use Bluefin Media by use of anyone else's account/profile and/or Registration Information;
- make any commercial, advertising, promotional, or marketing use of Bluefin Media and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through Bluefin Media, except as permitted by the Copyright Act or other law or as expressly allowed in writing by the Agreement, us or Bluefin Media;
- impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using Bluefin Media; • authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use Bluefin Media by use of your account/profile and/or Registration Information;
- falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with Bluefin Media, us, or our licensors, vendors and/or service providers;
- post, upload, transmit, send or otherwise make available on or through Bluefin Media any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation touting or recommending any stocks or particular security, portfolio of securities, transaction or investment strategy;
- repeatedly post, upload, transmit, send or otherwise make available on or through Bluefin Media the same content multiple times in a day, week, or month;
- post, upload, transmit, send, or otherwise make available on or through Bluefin Media any unsolicited bulk communication;
- use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use Bluefin Media, including without limitation to post, upload, transmit, send, or other make available content on or through Bluefin Media;
- copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
- engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through Bluefin Media any content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through Bluefin Media;
- use any language that is, or post, upload, transmit, send or otherwise make available on or through Bluefin Media any content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
- use any language, or post, upload, transmit, send or otherwise make available on or through Bluefin Media any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy;
- stalk others on or through Bluefin Media, or using information obtained on or through Bluefin Media, or otherwise contact other users in the physical world without their permission using information obtained on or through Bluefin Media;
- use any language that is, or post, upload, transmit, send or otherwise make available on or through Bluefin Media any content that is, or depicts anyone involved in any act deemed by us to be, pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
- engage in “cyber-sex” (i.e., “virtual sex”) or "sexting" or solicit another to partake in “cyber-sex” or "sexting" on or through Bluefin Media;
- use any language, or post, upload, transmit, send or otherwise make available on or through Bluefin Media any content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
- post, upload, transmit, send or otherwise make available on or through Bluefin Media any content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
- provide professional advice or post, upload, transmit, send or otherwise make available on or through Bluefin Media any content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
- discuss the mechanics of sweepstakes, contests, auctions, flash sales or similar promotions available on or through Bluefin Media, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through Bluefin Media any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotions;
- post, upload, transmit, send, or otherwise make available on or through Bluefin Media any content that illustrates, depicts anyone engaged in, or is intended to enable, authorize, encourage, assist, suggest, inform, promote or give instructions for weapon and/or explosive manufacture or use;
- post, upload, transmit, send or otherwise make available on or through Bluefin Media any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users, and/or any third party;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on Bluefin Media, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any content obtained on or through Bluefin Media, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or Bluefin Media;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of Bluefin Media, in whole or in part, including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce Bluefin Media, in whole or in part, to a human perceivable form;
- access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, Bluefin Media including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of Bluefin Media, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using Bluefin Media or otherwise; or
- post, upload, transmit, send or otherwise make available on or through Bluefin Media any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF BLUEFIN MEDIA, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
c. Comments on Bluefin Media are Not Necessarily Endorsed by Us:
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through Bluefin Media, including without limitation in our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests/sweepstakes, or elsewhere. Any content posted, uploaded, transmitted, sent or otherwise made available on or through Bluefin Media, including advice and opinions, are the views and responsibility of those who post the content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any content posted, uploaded, transmitted, sent or otherwise made available on Bluefin Media, including content that violates the Agreement.
d. Use of Content Supplied by You:
- Except as expressly provided otherwise in the Agreement, you or the owner of any content you post, upload, transmit, send or otherwise make available on or through Bluefin Media retains ownership of all rights, title, and interests in such content. However, by posting, uploading, transmitting, sending or otherwise making available content, registering for Bluefin Media, entering a sweepstakes or contest, or engaging in any other form of communication with us (on or through Bluefin Media or otherwise) you irrevocably grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such content and communications, in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send or otherwise make available in any manner as we see fit without any compensation or attribution to you. In any event, you should make copies of or otherwise back-up any and all content, personal data or communications you post, upload, transmit, send or otherwise make available on or through Bluefin Media that you may wish to retain.
- Please be aware that content you disclose in publicly accessible portions of Bluefin Media may be available to other users, so you should be mindful of personally identifiable information and sensitive content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON BLUEFIN MEDIA.
e. Editing, Additions and Deletions:
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or content available on or through, or downloadable from, Bluefin Media, including without limitation any content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to Bluefin Media may not be consistent across all platforms, computers, or devices. If you do not refresh Bluefin Media after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or content, for which we and our Insurances disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.
f. Copyright Complaints:
- We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use Bluefin Media of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
- If you have reason to believe that your content has been copied and/or is accessible on Bluefin Media in a way that constitutes copyright infringement, or that Bluefin Media contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at Bluefin Media are covered by a single notification, a representative list of such works at Bluefin Media;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
Copyright Agent: Dr. Steven Mandell 2262 Levis Commons Blvd. Phone: (419) 873-6600 Perrysburg, OH 43551
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
Disclaimer of Warranty and Limitation of Liability: CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH BLUEFIN MEDIA MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
YOU ACKNOWLEDGE THAT YOU ARE USING BLUEFIN MEDIA AT YOUR OWN RISK. BLUEFIN MEDIA IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR BLUEFIN MEDIA.
WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO BLUEFIN MEDIA AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH BLUEFIN MEDIA, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE BLUEFIN MEDIA, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM BLUEFIN MEDIA, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, BLUEFIN MEDIA OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH BLUEFIN MEDIA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
Termination or Suspension of Bluefin Media, Your Use of Bluefin Media, and/or the Agreement:
- We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict Bluefin Media, your account/profile, your ability to access, visit and/or use Bluefin Media or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use Bluefin Media or any portion thereof, and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
- Even if Bluefin Media, your ability to access, visit and/or use Bluefin Media or any portion thereof, and/or the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any content, and therefore copies of all information with regard to your account/profile and/or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through Bluefin Media, may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through Bluefin Media. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
i. Communications to You:
- The communications between you and us usually use electronic means, whether you access, visit or use Bluefin Media, send us messages, or whether we post notices on Bluefin Media or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically and your agreement to do so apply to all of your interactions and transactions with us.
- You understand and agree that joining Bluefin Media may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of Bluefin Media.
j. Mobile Participants:
- You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use Bluefin Media via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with Bluefin Media (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of Bluefin Media, or Bluefin Media as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING BLUEFIN MEDIA. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.
We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parent, subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use Bluefin Media on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of Bluefin Media, or to furnish any maintenance or support services with respect to Bluefin Media; (v) in the event of any failure of Bluefin Media to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for Bluefin Media, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to Bluefin Media); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to Bluefin Media or your possession, access, visitation and/or use of Bluefin Media, including without limitation (a) product liability claims; (b) any claim that Bluefin Media fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that Bluefin Media or your possession, access, visitation and/or use of Bluefin Media, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.
k. Disputes and Jurisdiction:
- Bluefin Media is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use Bluefin Media do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that Bluefin Media, or any merchandise, products, services, and/or content available on or through Bluefin Media are appropriate, available, or legal in any particular geographic location.
- You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
- You agree that, regardless of where you access, visit and/or use Bluefin Media, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States and New York State, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Manhattan, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of New York and any other laws, the conflict will be resolved in favor of the laws of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.
- If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
- We reserve the right to post, from time to time, additional rules that apply to certain portions of Bluefin Media, or Bluefin Media as a whole. Such additional rules will be posted in the relevant portions of Bluefin Media, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of Bluefin Media constitute your agreement to comply with these additional rules.
- Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
- We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.