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Terms and Privacy

Terms of Use:

Blue Cloud Video or bluecloudvideo.com ("Blue Cloud Video") is an online information and communications service provided for free by Blue Cloud Video. Subject to your compliance with the terms of use set forth below. Although portions of Blue Cloud Video may be viewed simply by visiting this site, in order to upload photos and videos and participate in other aspects of Blue Cloud Video, you need to sign on as a free member of Blue Cloud Video. Please read this document carefully before accessing or using Blue Cloud Video. By accessing or using Blue Cloud Video, you agree to be bound by the terms of use set forth below. If you are under eighteen (18) years of age, a parent or guardian must agree to be bound by these terms of use on your behalf. If you do not wish to be bound by these terms of use, you may not access or use Blue Cloud Video (dot) com. Blue Cloud Video may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of Blue Cloud Video shall be deemed your conclusive acceptance of the modified agreement.

1. Content. Blue Cloud Video reserves the right to monitor content on Blue Cloud Video and to refuse posting or remove content which in its sole discretion, it determines to be harmful, offensive, or otherwise in violation of these Terms of Use and/or terminate your Membership (or any part thereof), or use of the service in such circumstances without notice. In order to maintain an informative and valuable service that meets the needs of the users of Blue Cloud Video and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or are otherwise harmful, it is necessary to establish the following rules to protect against abuse:

i. You may not post or transmit any message anonymously or under false name. You represent that you are the owner or lawful user of any copyrighted picture, image or text that you post.

ii. If you post photos that contain images of third parties, you represent that you have the consent of all third parties depicted to post their images.

iii. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic. You understand and agree that all pictures, images and text that you post or transmit on the Blue Cloud Video site are subject to all applicable laws, including laws which prohibit child pornography and child abuse. Any perceived violations of the law will be reported to law enforcement authorities if in the sole judgment and discretion of Blue Cloud Video such images are in violation of the law.

iv. You may not post or transmit any message, data, image or program that would violate the property, privacy or publicity rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion.

v. You may not interfere with other users' use of Blue Cloud Video.

vi. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

vii. You may not use the facilities and capabilities of Blue Cloud Video to conduct or solicit the performance of any illegal activity or other activity that infringes the rights of others.

Although Blue Cloud Video does not intend to use any materials that you post for commercial purposes, Blue Cloud Video cannot guarantee that isolated uses of the materials will not occur. By submitting content, which shall include your user name, to any "public area" of Blue Cloud Video, including photo galleries, message boards, forums, contests and chat rooms, you grant Blue Cloud Video and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual property rights (the "Rights") that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of Blue Cloud Video to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Blue Cloud Video retains any and all Rights that may exist in such content. You also grant to Blue Cloud Video the right to use your user name in connection with the submitted materials and other information. You agree that you shall have no recourse against Blue Cloud Video for any alleged or actual infringement or misappropriation by Blue Cloud Video or any third party of any proprietary rights (including Rights, as defined above) in your submissions to us.

2. Use of Blue Cloud Video. You understand that Blue Cloud Video cannot and does not guarantee or warrant that files available for viewing through Blue Cloud Video will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to Blue Cloud Video for the reconstruction of any lost data. You assume total responsibility and risk for your use of Blue Cloud Video and the Internet. Blue Cloud Video is not responsible for the content of the Internet or World Wide Web pages that are contained outside of Blue Cloud Video, whether or not linked to the Blue Cloud Video site. Blue Cloud Video does not regularly review materials posted on the sites to which it is linked and therefore disclaims all responsibility for materials on such sites and specifically does not endorse any materials which may appear on such linked sites. By permitting advertising by third parties on Blue Cloud Video, Blue Cloud Video does not make any warranties or representations of any kind as to the accuracy of the content or the suitability of any such advertisement.

NO WARRANTIES, LIMITATION OF LIABILITY. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH REGARD TO Blue Cloud Video OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Blue Cloud Video OR ANY SITE LINKED TO Blue Cloud Video. Blue Cloud Video also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. In no event shall Blue Cloud Video or any other party, involved in creating, producing, maintaining, or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any cost or damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising directly or indirectly out of any transaction or merchandise related or provided through Blue Cloud Video or any site linked to Blue Cloud Video or in connection with the use or inability to use or performance of, or your browsing in, or your links to other sites from, this Site.

3. Indemnification. You agree to indemnify, defend and hold harmless Blue Cloud Video, their officers, directors, employees, agents, licensors, suppliers and any third party information providers to Blue Cloud Video from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or any activity related to your use of Blue Cloud Video (including negligent or wrongful conduct).

4. Termination. Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Content), 2(Use of Blue Cloud Video), 3 (Indemnification) and 6 (Miscellaneous) shall survive any termination of this Agreement. Blue Cloud Video may modify or discontinue Blue Cloud Video with or without notice to you and without liability to you or any third party.

5. User Name and Password. You are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Blue Cloud Video of any unauthorized use of your user name or password. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant to Blue Cloud Video. You further agree not to use an inappropriate user name of any kind.

6. Miscellaneous. This Agreement shall be governed and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be performed in Michigan. You agree that any legal action or proceeding between Blue Cloud Video and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Michigan. Any cause of action or claim you may have with respect to Blue Cloud Video must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Blue Cloud Video's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Blue Cloud Video may assign its rights and duties under this Agreement to any party at any time without notice to you.

7. Copyright Notice.

©2000-2006, Blue Cloud Video
Livonia, Michigan 48152

This copyright notice applies to all proprietary material available throughout this Internet site.

8. Termination

Blue Cloud Video has the right to terminate a transaction. All payments will be refunded if Blue Cloud Video cancels the contract after acceptance. If Customer cancels the contract after acceptance of these terms, 1/2 of the payment will be kept by Blue Cloud Video as a non-refundable deposit.

Privacy Policy

Blue Cloud Video wants you to know what information we learn about you when you visit our site, what we do with that information and how you can change the information we have.

There are 3 types of information that we can learn about you as you browse and use Blue Cloud Video. Each type of information can be used in a different way, and only you decide how much information to share with us.

1. Internet-related - generic statistical and demographic information

2. Registration - information that you provide when registering

3. Photos and videos - information that you upload to Blue Cloud Video

1. Internet Related Information
We use the Internet-related information we collect only in aggregate to provide us with statistical and demographic information about our audience. This information includes times of access, browser types, the Internet addresses of referring pages, and the pages most often visited.

When you visit Blue Cloud Video, we also recognize your "domain name" (e.g., "interport.net" or "aol.com"), but not your e-mail address. We will see your e-mail address only if you give it to us.

2. Registration Information

Blue Cloud Video uses the information it collects to improve its services and features. We also use this information for our own marketing purposes; we send occasional e-mail updates with information about special offers, new features, or products. If you do not want to receive e-mails from Blue Cloud Video, you may opt out when you register or otherwise provide personal information. You may also remove your name from our mailing list by notifying us at:

webmaster@bluecloudvideo.com

Blue Cloud Video
c/o Webmaster
19836 Maplewood
Livonia, Michigan 48152

3. Photo or Video Information

Blue Cloud Video is committed to providing you with a safe and private environment to upload and share your photos and videos. All of your photos are password protected and are visible only to you unless you explicitly share them. By emailing an invitation to share your photos, you give specific users the opportunity to join Blue Cloud Video and view prints you explicitly designate for sharing.

If you are a registered user of Blue Cloud Video, you may share some personal information with us by completing the member information. This information will be stored by Blue Cloud Video. THIS INFORMATION WILL NOT BE SHARED WITH ANYONE ELSE (except in the circumstances set out in Section 4).

We consider this information a part of the special and personal relationship we have with you. We might, with your permission, use this information to make you aware of special offers, but we will not share your personal information with any third party.

If however, you purchase a product from one of our partners, you become a customer of that company and any information you give to them will be covered by their Privacy Policy. Your Blue Cloud Video information will not be shared with them.

ATTENTION KIDS

If you are 16 or younger, be sure to ask your parents for permission before you send us any personal information such as your name, address or telephone number or enter any information in Blue Cloud Video.

ATTENTION PARENTS
You may wish to consider using software tools that prevent children from disclosing their personal information without your permission. Such software is available on-line or in your local software store.

4. EXCEPTIONS

The only exceptions to what we have stated above are that we may disclose or transfer your Information in the following limited circumstances:

a. To the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant.

b. Blue Cloud Video will transfer information to third parties only to facilitate services that have been requested by you. Only the information required to carry out the services will be transmitted to the third party. Once the data has been transferred, it will be subject to the policies of the third party.

c. Blue Cloud Video may assign, sell, license, or otherwise transfer to a third party, your name, address, e-mail address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the Blue Cloud Video service. Blue Cloud Video will not sell your personal information to any third party.