bluewaterSpace.com Terms
    December 10, 2007
    BluewaterPages.com may modify this Agreement from time to time and such modification shall be effective upon posting by BluewaterPages.com on the bluewaterSpace Website. You agree to be bound to any changes to this Agreement when you use the bluewaterSpace Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

    Please choose carefully the information you post on the bluewaterSpace Website and that you provide to other Users. Your bluewaterSpace profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other bluewaterSpace Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BluewaterPages.com assumes no responsibility or liability for this material. If you become aware of misuse of the bluewaterSpace Services by any person, please contact us at: HYPERLINK "mailto:bluespace@bluewaterpages.com" info@bluewaterspace.com, Subject: Reporting Abuse.

    BluewaterPages.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the bluewaterSpace Services at any time, for any or no reason, with or without prior notice, and without liability.

    PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

    Eligibility

    Use of and Membership in the bluewaterSpace Services is void where prohibited. By using the bluewaterSpace Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the bluewaterSpace Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. .

    Term

    This Agreement shall remain in full force and effect while you use the bluewaterSpace Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BluewaterPages.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

    Fees

    You acknowledge that BluewaterPages.com reserves the right to charge for the bluewaterSpace Services and to change its fees from time to time in its discretion. If BluewaterPages.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

    Password

    When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BluewaterPages.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

    Non-commercial Use by Members

    The bluewaterSpace Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BluewaterPages.com. Illegal and/or unauthorized use of the bluewaterSpace Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the bluewaterSpace Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the bluewaterSpace Services.

    In addition, you agree not to use the Service or the Site to:

    • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
    • use automated scripts to collect information from or otherwise interact with the Service or the Site;
    • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
    • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
    • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
    • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
    • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • intimidate or harass another;
    • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
    • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

    Without limiting any of the foregoing, you also agree to abide by our bluewaterSpace Code of Conduct that provides further information regarding the authorized conduct of users on bluewaterSpace.

    Proprietary Rights in Content on bluewaterSpace

    BluewaterPages.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the bluewaterSpace Services. After posting your Content to the bluewaterSpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the bluewaterSpace Services, you hereby grant to BluewaterPages.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the bluewaterSpace Services.

    Without this license, BluewaterPages.com would be unable to provide the bluewaterSpace Services. For example, without the right to modify Member Content, BluewaterPages.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BluewaterPages.com could not allow Users to listen to music posted by Members. The license you grant to BluewaterPages.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BluewaterPages.com), fully-paid and royalty-free (meaning that BluewaterPages.com is not required to pay you for the use on the bluewaterSpace Services of the Content that you post), sublicensable (so that BluewaterPages.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the bluewaterSpace Services), and worldwide (because the Internet and the bluewaterSpace Services are global in reach). This license will terminate at the time you remove your Content from the bluewaterSpace Services. The license does not grant BluewaterPages.com the right to sell your Content, nor does the license grant BluewaterPages.com the right to distribute your Content outside of the bluewaterSpace Services.

    You represent and warrant that: (i) you own the Content posted by you on or through the bluewaterSpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the bluewaterSpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the bluewaterSpace Services.

    The bluewaterSpace Services contain Content of BluewaterPages.com ("BluewaterPages.com Content"). BluewaterPages.com Content is protected by copyright, trademark, patent, trade secret and other laws, and BluewaterPages.com owns and retains all rights in the BluewaterPages.com Content and the bluewaterSpace Services. BluewaterPages.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BluewaterPages.com Content (excluding any software code) solely for your personal use in connection with viewing the bluewaterSpace Website and using the bluewaterSpace Services.

    The bluewaterSpace Services contain Content of Users and other BluewaterPages.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the bluewaterSpace Services.

    Content Posted

    BluewaterPages.com may delete any Content that in the sole judgment of BluewaterPages.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BluewaterPages.com assumes no responsibility for monitoring the bluewaterSpace Services for inappropriate Content or conduct. If at any time BluewaterPages.com chooses, in its sole discretion, to monitor the bluewaterSpace Services, BluewaterPages.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

    You are solely responsible for the Content that you post on or through any of the bluewaterSpace Services, and any material or information that you transmit to other Members and for your interactions with other Users. BluewaterPages.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BluewaterPages.com prior to posting and does not necessarily reflect the opinions or policies of BluewaterPages.com. BluewaterPages.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from other Members.

    Content/Activity Prohibited

    The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the bluewaterSpace Services. BluewaterPages.com reserves the right to investigate and take appropriate legal action against anyone who, in BluewaterPages.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the bluewaterSpace Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BluewaterPages.com:

    • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • exploits people in a sexual or violent manner;
    • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    • solicits personal information from anyone under 18;
    • provides any telephone numbers, street addresses, last names, URLs or email addresses;
    • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    • The following is a partial list of the kind of activity that is illegal or prohibited on the bluewaterSpace Website and through your use of the bluewaterSpace Services. BluewaterPages.com reserves the right to investigate and take appropriate legal action against anyone who, in BluewaterPages.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    • advertising to, or solicitation of, any Member to buy or sell any products or services through the bluewaterSpace Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the bluewaterSpace Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BluewaterPages.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BluewaterPages.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the bluewaterSpace Services, you acknowledge that you will have caused substantial harm to BluewaterPages.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BluewaterPages.com $50 for each such unsolicited email or other unsolicited communication you send through the bluewaterSpace Services;
    • covering or obscuring the banner advertisements on your personal profile page, or any BluewaterPages.com page via HTML/CSS or any other means;
    • any automated use of the system, such as using scripts to add friends or send comments or messages;
    • interfering with, disrupting, or creating an undue burden on the bluewaterSpace Services or the networks or services connected to the bluewaterSpace Services;
    • attempting to impersonate another Member or person;
    • for band profiles, copying the code for your bluewaterSpace Player and embedding it into other profiles or asking other Members to embed it into their profiles;
    • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    • selling or otherwise transferring your profile;
    • using any information obtained from the bluewaterSpace Services in order to harass, abuse, or harm another person;
    • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the bluewaterSpace Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top" friends, or sending private messages with a commercial purpose; or
    • using the bluewaterSpace Services in a manner inconsistent with any and all applicable laws and regulations.

    Copyright Policyy

    You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BluewaterPages.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BluewaterPages.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the bluewaterSpace Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the bluewaterSpace Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BluewaterPages.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Bluewater Marketing & Consulting LLC., P.O. Box 15725, Plantation, FL 33318; Facsimile: (800) 470-4258; Attn: Copyright Agent; and email: HYPERLINK "mailto:lawyer@bluewaterpages.com" lawyer@bluewaterpages.com.

    Member Disputes

    You are solely responsible for your interactions with other bluewaterSpace Members. BluewaterPages.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

    Privacy

    Use of the bluewaterSpace Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

    Disclaimers

    BluewaterPages.com is not responsible for any incorrect or inaccurate Content posted on the bluewaterSpace Website or in connection with the bluewaterSpace Services, whether caused by Users of the bluewaterSpace Services or by any of the equipment or programming associated with or utilized in the bluewaterSpace Services. Profiles created and posted by Members on the bluewaterSpace Website may contain links to other websites. BluewaterPages.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BluewaterPages.com. Inclusion of any linked website on the bluewaterSpace Services does not imply approval or endorsement of the linked website by BluewaterPages.com. When you access these third-party sites, you do so at your own risk. BluewaterPages.com takes no responsibility for third party advertisements which are posted on the bluewaterSpace Website or through the bluewaterSpace Services, nor does it take any responsibility for the goods or services provided by its advertisers. BluewaterPages.com is not responsible for the conduct, whether online or offline, of any User of the bluewaterSpace Services. BluewaterPages.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BluewaterPages.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the bluewaterSpace Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the bluewaterSpace Services. Under no circumstances shall BluewaterPages.com be responsible for any loss or damage, including personal injury or death, resulting from use of the bluewaterSpace Services, attendance at a bluewaterSpace event, from

    bluewaterSpace Platform Applications any Content posted on or through the bluewaterSpace Services, or from the conduct of any Users of the bluewaterSpace Services, whether online or offline. The bluewaterSpace Services are provided "AS-IS" and as available and BluewaterPages.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BluewaterPages.com cannot guarantee and does not promise any specific results from use of the bluewaterSpace Services.

    Limitation on Liability

    IN NO EVENT SHALL BLUEWATERPAGES.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BLUEWATERPAGES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLUEWATERPAGES.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BLUEWATERPAGES.COM FOR THE BLUEWATERSPACE SERVICES DURING THE TERM OF MEMBERSHIP.

    U.S. Export Controls

    Software available in connection with the bluewaterSpace Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the bluewaterSpace Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

    Disputes

    If there is any dispute about or involving the bluewaterSpace Services that cannot be resolved by engaging in good faith discussions with BluewaterPages.com, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida. Either BluewaterPages.com or you may demand that any dispute between BluewaterPages.com and you about or involving the bluewaterSpace Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Miami, Florida, USA, provided that the foregoing shall not prevent BluewaterPages.com from seeking injunctive relief in a court of competent jurisdiction..

    Indemnity

    You agree to indemnify and hold BluewaterPages.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the bluewaterSpace Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the bluewaterSpace Website or through the bluewaterSpace Services causes BluewaterPages.com to be liable to another.

    Other

    This Agreement is accepted upon your use of the bluewaterSpace Website or any of the bluewaterSpace Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BluewaterPages.com regarding the use of the bluewaterSpace Services. The failure of BluewaterPages.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BluewaterPages.com and bluewaterSpace.com are trademarks of Bluewater Marketing & Consulting LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
    Please contact us at:
    info@bluewaterspace.com,
    Subject: Terms of Use, with any questions regarding this Agreement.
    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

    Questions

    Please visit our Help page for more information.