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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.
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