TERMS OF SERVICE
Last Updated on November 18th, 2018
TERMS:
WELCOME TO BLUEFUSIONMEDIA.COM THIS WEBSITE IS OWNED AND OPERATED BY BLUE FUSION MEDIA, LLC. BY VISITING OUR WEBSITE AND ACCESSING THE INFORMATION, RESOURCES, SERVICES, PRODUCTS, AND TOOLS WE PROVIDE, YOU UNDERSTAND AND AGREE TO ACCEPT AND ADHERE TO THE FOLLOWING TERMS AND CONDITIONS AS STATED IN THIS POLICY (HEREAFTER REFERRED TO AS ‘USER AGREEMENT’).
THIS AGREEMENT IS IN EFFECT AS OF NOVEMBER 18TH, 2018
WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THIS SITE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
INTELLECTUAL PROPERTY
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND MATERIALS AVAILABLE ON THIS SITE ARE PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY BLUEFUSIONMEDIA.COM, YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT, OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT.
AS NOTED ABOVE, REPRODUCTION, COPYING, OR REDISTRIBUTION FOR COMMERCIAL PURPOSES OF ANY MATERIALS OR DESIGN ELEMENTS ON THIS SITE IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF BLUEFUSIONMEDIA.COM. FOR INFORMATION ON REQUESTING SUCH PERMISSION, PLEASE CONTACT US AT [email protected]
END USER LICENSE AGREEMENT
YOUR USE OF FUNNEL EXPERTS REQUIRES YOU TO ACCEPT THE TERMS OF THE BLUEFUSIONMEDIA.COM END USER LICENSE AGREEMENT.
CONTENT SUBMITTED TO BLUEFUSIONMEDIA.COM
YOU GRANT TO BLUEFUSIONMEDIA.COM A NON-EXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE, WITH THE RIGHT TO SUB-LICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY COMMENTS AND OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED PRODUCTS AND SERVICES) YOU SUBMIT TO ANY PUBLIC AREAS OF BLUEFUSIONMEDIA.COM SITE(S) (SUCH AS BULLETIN BOARDS, FORUMS AND NEWSGROUPS) OR BY E-MAIL TO BLUEFUSIONMEDIA.COM BY ALL MEANS AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. YOU ALSO GRANT TO BLUEFUSIONMEDIA.COM THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED COMMENTS AND OTHER INFORMATION AS WELL AS IN CONNECTION WITH ALL ADVERTISING, MARKETING AND PROMOTIONAL MATERIAL RELATED THERETO. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST BLUEFUSIONMEDIA.COM FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS TO BLUEFUSIONMEDIA.COM.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BLUEFUSIONMEDIA.COM AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
OBJECTIONABLE MATERIALS
CERTAIN CONTENT DEALING WITH PORNOGRAPHY, ILLEGAL ACTIVITIES OF ANY KIND, OCCULT, HATE, AND RACISM MAY NOT BE PROMOTED THROUGH BLUEFUSIONMEDIA.COM. BLUEFUSIONMEDIA.COM RESERVES THE RIGHTS TO MAKE THE FINAL DECISION AS TO WHAT IS APPROPRIATE. VIOLATORS MAY BE TERMINATED WITHOUT NOTICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BLUEFUSIONMEDIA.COM OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLUEFUSIONMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BLUEFUSIONMEDIA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
UPON A REQUEST BY BLUEFUSIONMEDIA.COM, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BLUEFUSIONMEDIA.COM AND ITS OTHER AFFILIATED COMPANIES HARMLESS, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR MISUSE OF THIS SITE.
RESPONSIBLE USE AND CONDUCT
BY VISITING OUR WEBSITE AND ACCESSING THE INFORMATION, RESOURCES, SERVICES, PRODUCTS, AND TOOLS WE PROVIDE FOR YOU, EITHER DIRECTLY OR INDIRECTLY (HEREAFTER REFERRED TO AS ‘RESOURCES’), YOU AGREE TO USE THESE RESOURCES ONLY FOR THE PURPOSES INTENDED AS PERMITTED BY (A) THE TERMS OF THIS USER AGREEMENT, AND (B) APPLICABLE LAWS, REGULATIONS AND GENERALLY ACCEPTED ONLINE PRACTICES OR GUIDELINES.
WHEREIN, YOU UNDERSTAND THAT:
A. IN ORDER TO ACCESS OUR RESOURCES, YOU MAY BE REQUIRED TO PROVIDE CERTAIN INFORMATION ABOUT YOURSELF (SUCH AS IDENTIFICATION, CONTACT DETAILS, ETC.) AS PART OF THE REGISTRATION PROCESS, OR AS PART OF YOUR ABILITY TO USE THE RESOURCES. YOU AGREE THAT ANY INFORMATION YOU PROVIDE WILL ALWAYS BE ACCURATE, CORRECT, AND UP TO DATE.
B. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY LOGIN INFORMATION ASSOCIATED WITH ANY ACCOUNT YOU USE TO ACCESS OUR RESOURCES. ACCORDINGLY, YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT/S.
C. ACCESSING (OR ATTEMPTING TO ACCESS) ANY OF OUR RESOURCES BY ANY MEANS OTHER THAN THROUGH THE MEANS WE PROVIDE, IS STRICTLY PROHIBITED. YOU SPECIFICALLY AGREE NOT TO ACCESS (OR ATTEMPT TO ACCESS) ANY OF OUR RESOURCES THROUGH ANY AUTOMATED, UNETHICAL OR UNCONVENTIONAL MEANS.
D. ENGAGING IN ANY ACTIVITY THAT DISRUPTS OR INTERFERES WITH OUR RESOURCES, INCLUDING THE SERVERS AND/OR NETWORKS TO WHICH OUR RESOURCES ARE LOCATED OR CONNECTED, IS STRICTLY PROHIBITED.
E. ATTEMPTING TO COPY, DUPLICATE, REPRODUCE, SELL, TRADE, OR RESELL OUR RESOURCES IS STRICTLY PROHIBITED.
F. YOU ARE SOLELY RESPONSIBLE ANY CONSEQUENCES, LOSSES, OR DAMAGES THAT WE MAY DIRECTLY OR INDIRECTLY INCUR OR SUFFER DUE TO ANY UNAUTHORIZED ACTIVITIES CONDUCTED BY YOU, AS EXPLAINED ABOVE, AND MAY INCUR CRIMINAL OR CIVIL LIABILITY.
G. WE MAY PROVIDE VARIOUS OPEN COMMUNICATION TOOLS ON OUR WEBSITE, SUCH AS BLOG COMMENTS, BLOG POSTS, PUBLIC CHAT, FORUMS, MESSAGE BOARDS, NEWSGROUPS, PRODUCT RATINGS AND REVIEWS, VARIOUS SERVICES, ETC. YOU UNDERSTAND THAT GENERALLY WE DO NOT PRE-SCREEN OR MONITOR THE CONTENT POSTED BY USERS OF THESE VARIOUS COMMUNICATION TOOLS, WHICH MEANS THAT IF YOU CHOOSE TO USE THESE TOOLS TO SUBMIT ANY TYPE OF CONTENT TO OUR WEBSITE, THEN IT IS YOUR PERSONAL RESPONSIBILITY TO USE THESE TOOLS IN A RESPONSIBLE AND ETHICAL MANNER. BY POSTING INFORMATION OR OTHERWISE USING ANY OPEN COMMUNICATION TOOLS AS MENTIONED, YOU AGREE THAT YOU WILL NOT UPLOAD, POST, SHARE, OR OTHERWISE DISTRIBUTE ANY CONTENT THAT:
I. IS ILLEGAL, THREATENING, DEFAMATORY, ABUSIVE, HARASSING, DEGRADING, INTIMIDATING, FRAUDULENT, DECEPTIVE, INVASIVE, RACIST, OR CONTAINS ANY TYPE OF SUGGESTIVE, INAPPROPRIATE, OR EXPLICIT LANGUAGE; II. INFRINGES ON ANY TRADEMARK, PATENT, TRADE SECRET, COPYRIGHT, OR OTHER PROPRIETARY RIGHT OF ANY PARTY; III. CONTAINS ANY TYPE OF UNAUTHORIZED OR UNSOLICITED ADVERTISING; IIII. IMPERSONATES ANY PERSON OR ENTITY, INCLUDING ANY EMPLOYEES OR REPRESENTATIVES.
WE HAVE THE RIGHT AT OUR SOLE DISCRETION TO REMOVE ANY CONTENT THAT, WE FEEL IN OUR JUDGMENT DOES NOT COMPLY WITH THIS USER AGREEMENT, ALONG WITH ANY CONTENT THAT WE FEEL IS OTHERWISE OFFENSIVE, HARMFUL, OBJECTIONABLE, INACCURATE, OR VIOLATES ANY 3RD PARTY COPYRIGHTS OR TRADEMARKS. WE ARE NOT RESPONSIBLE FOR ANY DELAY OR FAILURE IN REMOVING SUCH CONTENT. IF YOU POST CONTENT THAT WE CHOOSE TO REMOVE, YOU HEREBY CONSENT TO SUCH REMOVAL, AND CONSENT TO WAIVE ANY CLAIM AGAINST US.
H. WE DO NOT ASSUME ANY LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY OTHER 3RD PARTY USERS OF OUR WEBSITE. HOWEVER, ANY CONTENT POSTED BY YOU USING ANY OPEN COMMUNICATION TOOLS ON OUR WEBSITE, PROVIDED THAT IT DOESN’T VIOLATE OR INFRINGE ON ANY 3RD PARTY COPYRIGHTS OR TRADEMARKS, BECOMES THE PROPERTY OF BLUEFUSIONMEDIA.COM, AND AS SUCH, GIVES US A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE, EXCLUSIVE LICENSE TO REPRODUCE, MODIFY, ADAPT, TRANSLATE, PUBLISH, PUBLICLY DISPLAY AND/OR DISTRIBUTE AS WE SEE FIT. THIS ONLY REFERS AND APPLIES TO CONTENT POSTED VIA OPEN COMMUNICATION TOOLS AS DESCRIBED, AND DOES NOT REFER TO INFORMATION THAT IS PROVIDED AS PART OF THE REGISTRATION PROCESS, NECESSARY IN ORDER TO USE OUR RESOURCES.
I. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BLUEFUSIONMEDIA.COM AND ITS PARENT COMPANY AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS USER AGREEMENT OR THE FAILURE TO FULFILL ANY OBLIGATIONS RELATING TO YOUR ACCOUNT INCURRED BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT. WE RESERVE THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS USER AGREEMENT. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.
SALES
MEMBERS HAVE THE OPTION TO PAY MONTH-TO-MONTH WITH NO CONTRACT. MEMBERS ALSO HAVE THE OPTION TO PAY ANNUAL MEMBERSHIP. ALL SALES ARE FINAL.
SEVERABILITY AND INTEGRATION
UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND BLUEFUSIONMEDIA.COM REGARDING THIS SITE AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS BETWEEN YOU AND BLUEFUSIONMEDIA.COM WITH RESPECT TO THIS SITE. IF ANY PART OF THESE TERMS OF USE IS HELD INVALID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED IN A MANNER CONSISTENT WITH APPLICABLE LAW TO REFLECT, AS NEARLY AS POSSIBLE, THE ORIGINAL INTENTIONS OF THE PARTIES, AND THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
JURISDICTION
THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE. YOU HEREBY CONSENT TO JURISDICTION OF THE COURTS IN THE STATE OF TENNESSEE TO RESOLVE ANY DISPUTES ARISING UNDER THIS TERMS OF SERVICE.
IMPORTANT NOTICE:
IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE OUR TERMS OF SERVICE AS OUTLINED ABOVE, YOU CAN CONTACT US AT: [email protected]