These Terms apply only to the use of certain websites which are owned and/or operated by or on behalf of Blue Software, LLC and/or its affiliates (“Blue Software”) (each, a “Site,” and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein.
Your use of this Site may be further governed by any agreement entered into between Blue Software and the client (“Client”) named therein (“Client Agreement”) governing Client’s accounts with Blue Software. In the event of any inconsistency between the terms of the Client Agreement and these Terms, the terms of the Client Agreement shall control. You also represent and warrant to Blue Software that you are authorized to bind Client to these Terms.
When we refer to “Blue Software,” “we,” “us,” or “our,” we mean Blue Software, LLC or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Blue Software values your interest in our products or Services (defined below) and appreciates your visit to our Sites. This Site provides general information about Blue Software and its products and Services. Use of this Site is limited to legitimate purposes. Blue Software may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. Blue Software shall notify you of any of these changes to features to the extent Blue Software is required by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features. You agree and understand that effective use of the Site may require your browser to use software plug-ins and modules in order to correctly display content and utilize features on the Site.
You acknowledge and agree that any information, comments, documents, images or general content you enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to Blue Software, you grant to Blue Software an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that Blue Software is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Blue Software. You hereby agree that any comments, feedback or recommendations of you for the improvement or modification of this Site or the products or Services advertised herein shall be the sole property of Blue Software.
The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT BLUE SOFTWARE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
This Site and any of the Services provided by Blue Software in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms, which govern your use of the Site. “Services” under these Terms include business services offered to you directly by Blue Software.
Blue Software makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.
Any access or attempted access of other areas of Blue Software’s computer systems, third-party systems and Services that Blue Software utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. Blue Software reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
Certain portions of this Site are intended to be used only by individuals authorized by Client in compliance with its Client Agreement with Blue Software. Such individuals must use the username and password assigned to them and not those of any other person. If you are not authorized by Client for this purpose, or if you are using someone else’s login information, you are deemed an unauthorized user and you should not use this Site. If nonetheless you continue, then by using this Site you undertake and agree that: (1) you will be personally liable for any and all expenses, costs or damages incurred by us in investigating or addressing your unauthorized use of this Site (such obligations shall be in addition to whatever other rights and remedies may be available to us for unauthorized use); and (2) you will be personally bound to the terms of the Client Agreement for the entire debts and other commitments of Client, waiving any actual notice or knowledge of the terms of the Client Agreement, all without any duties or obligations to you on the part of Blue Software.
Blue Software has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any products or Services provided by Blue Software through this Site, or your right to access or use any portion of this Site, in Blue Software’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies.
You warrant to Blue Software that you will not attempt to gain unauthorized access to any Services offered by Blue Software or computer systems or networks connected to any Blue Software server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Blue Software. When using the Site you agree not to pretend to be someone else or spoof their identity.
Use of the Site
As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Blue Software, which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Site without the prior written consent of Blue Software, which may be withheld, conditioned or delayed in its sole and absolute discretion.
Copyrights/Trademarks/Restrictions on Use
In order to access certain restricted portions of this Site, you may be required to register on this Site by completing a Registration Form (“Registration Form”). Blue Software may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, you will select a user name based on your e-mail (“User Name”), and a password (“Password”) to access the User Name. Your User Name and Password are your credentials to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. Blue Software may also reject any User Name that Blue Software determines in its discretion is unacceptable for use on this Site. Although Users are not required to register, if User does not register, User may be required to accept these Terms each time User wishes to access this Site or a Service.
You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Names and Passwords and will (i) promptly notify Blue Software of any actual or suspected unauthorized use of this Site, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure.
Intellectual Property and Restrictions on Use of Information and Content
All information and content provided on this Site, including all trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, are the property of Blue Software, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. (federal and state) and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Blue Software. You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Blue Software. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site, provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any Services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Blue Software, is strictly prohibited.
Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Blue Software or any third party. Any use of the information, content or Marks provided on any Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
Blue Software makes no representation that materials on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
User Contributions to the Site
There may be opportunities for you to contribute information, data or materials to the Site. These may include, among others, uploading information, participating in chats, using our bulletin boards, etc. Please be aware that by submitting Content to this Site by electronic mail, postings on this Site or otherwise, including any reviews, ratings, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Content”), you grant Blue Software, LLC, and its parents, subsidiaries and corporate affiliates (collectively, the “Blue Software Companies”) and the affiliated, co-branded and/or linked website partners through or for whom we provide services (collectively, the “Blue Software Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. Blue Software is not liable or responsible for any Content provided by its users or other third parties to the Site, including Suppliers. The contributions of third parties do not necessarily represent the view or opinions of Blue Software. Blue Software cannot preview Content before it appears. You acknowledge that the Blue Software Companies may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Blue Software Companies the right to pursue at law any person or entity that violates your or the Blue Software Companies’ rights in the Content by a breach of these Terms. You acknowledge and agree that items comprising Content are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Content by us, the Blue Software Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these Terms, please do not provide us with any Content.
You are fully responsible for your Content (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or Services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that Blue Software, LLC may exercise its rights (e.g., use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same service, only your most recent submission is eligible for use. You agree that you will indemnify Blue Software against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.
Blue Software, LLC’s policies with respect to claims by third parties that the content of the Site, including any Content, infringes the copyrights owned by said third party can be found in the DMCA section below.
Links and Search Results
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Blue Software has no control over those sites or the content within them. Blue Software cannot guarantee, represent or warrant that the content contained in those sites is accurate, legal and/or inoffensive. Blue Software does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Blue Software for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from the Site, please notify us at firstname.lastname@example.org and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
RSS (really simple syndication) service is a means by which Blue Software provides feeds of story headlines in XML format (“RSS Content”) to visitors to the Site who use RSS aggregators. These Terms govern your use of the RSS Content. RSS Content is provided by Blue Software at no charge for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS Content as provided by Blue Software and you may not edit or modify the text, content or links supplied by Blue Software. The RSS Content may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on Blue Software Sites. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable web page.
Blue Software retains all ownership and other rights in the RSS Content, and any and all Blue Software logos and trademarks used in connection with the RSS Content. You must provide attribution to the appropriate Blue Software website in connection with your use of the RSS Content. If you provide this attribution using a graphic, you must use the appropriate Blue Software website’s logo that we have incorporated into the RSS Content. Blue Software reserves the right to discontinue providing any or all of the RSS Content at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS Content for any reason including, without limitation, your violation of any provision of these Terms. Blue Software assumes no liability for any of your activities in connection with the RSS Content or for your use of the RSS Content.
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Blue Software. You must obtain our express prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Blue Software products or Services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in Blue Software’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized Content if we believe that the Content you provided has violated or is inconsistent with these Terms or violated the rights of Blue Software, another user, or the law or constitutes a breach of the Client Agreement. You agree that monetary damages may not provide a sufficient remedy to Blue Software for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Blue Software may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Blue Software is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.
Blue Software is not responsible for the products, services, actions or failures to act of any third party referenced on any Site except as may be set forth in the Client Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at email@example.com. We may investigate the claim and take appropriate action, in our sole discretion.
Adoption of Additional Terms
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
You agree to defend, indemnify, save and hold harmless Blue Software, Blue Software Companies, Blue Software Affiliates, and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or Services you may have obtained on any of our Sites.
EXCEPT AS SPECIFICALLY SET FORTH IN THE CLIENT AGREEMENT, YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.
EXCEPT AS SPECIFICALLY SET FORTH IN THE CLIENT AGREEMENT, IN NO EVENT WILL BLUE SOFTWARE, LLC OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF BLUE SOFTWARE, LLC OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. EXCEPT AS SPECIFICALLY SET FORTH IN THE CLIENT AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST BLUE SOFTWARE IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES.
Without limiting the above disclaimers, Blue Software, Blue Software Companies, Blue Software Affiliates, licensees and its and their respective directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
This Site may use hyperlinks as a convenience to you so that certain reference material, Blue Software-related subjects and other pertinent material is easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Blue Software. Hyperlinks and references to other sites, including any Blue Software-affiliated entity, do not constitute sponsorship, endorsement or approval by Blue Software of the information, content, policies or practices of such linked or referenced sites. Blue Software, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.
The limitation of liability reflects the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Blue Software, the Blue Software Companies, and/or their respective suppliers.
If, notwithstanding the limitations of liability above, Blue Software or any of the Blue Software Companies are found liable for any loss or damage which arises out of or in any way connected with any products or Services or operation of this Site, then the liability of Blue Software and the Blue Software Companies will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Blue Software, LLC in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
Blue Software has no obligation to update any information or content on any Site. Accordingly, Blue Software, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done at your own risk.
No Recommendations or Advice Provided
Although information and Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Blue Software. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release Blue Software from any claim and to not hold Blue Software liable for any possible claim for damages arising from any decision you may make based on information or content available on the Site.
Copyright and Trademark Notices
All contents of this Site are © 2014 Blue Software, LLC. All rights reserved. Blue Software and BLUE names and logos are either registered trademarks or trademarks of Blue Software, LLC in the United States and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Blue Software is not responsible for content on websites operated by parties other than Blue Software.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org. We address only messages concerning brand infringement at this e-mail address.
Digital Millennium Copyright Act (DMCA)
Blue Software respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, Blue Software has adopted a policy of terminating, in appropriate circumstances and at Blue Software’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Blue Software may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Blue Software will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Blue Software will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Blue Software the following information (to be effective, the Notification must include ALL of the following):
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit Blue Software to contact you;
5. a 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;
6. 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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to Blue Software’s designated agent:
Blue Software, LLC
8430 W. Bryn Mawr
Chicago, IL 60631 USA
Attn: Legal Department
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Blue Software THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
One or more patents owned by the Blue Software Companies may apply to this Site and to the features and Services accessible via the Site. Portions of this Site operate under license of one or more patents. Other patents pending.
Blue Software controls its Site (excluding linked sites) from its offices in Illinois, United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
By using this Site, you agree that Blue Software, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.