BLOOSEE – TERMS OF SERVICE
Updated: September, 2012
By accessing BlooSee.com (“Website”), you are agreeing to be bound by these “Terms of Service,” all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these Terms of Service, you are not granted permission to use the Website and you must exit the Website immediately. The materials contained on the Website are protected by applicable copyright and trademark law. The owner of the Website and of all of its content and information (excluding the User Submissions (as defined below)) is BlooSee, Inc. (“BlooSee”).
License of Use
These Terms of Service apply to all users of the Website, including users who are also contributors of text information, geographic coordinates, multimedia materials, and other materials or services on the Website. The Website includes all aspects of BlooSee’s web offering, including but not limited to all products, software and services offered by BlooSee via the Website.
The Website may contain links to third party websites that are not owned or controlled by BlooSee. BlooSee has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BlooSee will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BlooSee from any and all liability arising from your use of any third-party website.
Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial), unless as authorized by BlooSee in writing;
Attempt to decompile or reverse engineer any software contained on the Website;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or “mirror” the materials on any other server.
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without BlooSee’s prior written consent.
You agree not to alter or modify any part of the Website or any of its related technologies.
(You agree not to use the Website for any commercial use, without the prior written consent of BlooSee.
Prohibited commercial uses include, but are not limited to, any of the following actions taken without BlooSee’s express approval:
sale of access to the Website or its related services on another website or devices;
use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the BlooSee website or any third-party website, targeted to the content of specific User Submissions or BlooSee content; and, any use of the Website or its related services that BlooSee finds, in its sole discretion, to use BlooSee’s resources or User Submissions with the effect of competing with or displacing the market for BlooSee, BlooSee content, or its User Submissions.
Prohibited commercial uses do not include:
using the RSS feed, links or other feeds from BlooSee on an ad-enabled blog or website, provided the primary purpose of using the feed is not to gain advertising revenue or compete with BlooSee; and,
any use that BlooSee expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the BlooSee servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BlooSee grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BlooSee reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
In your use of the website, you will otherwise comply with Terms of Service and all applicable local, national, and international laws and regulations.
BlooSee reserves the right to discontinue any aspect of the Website at any time.
Copyright and Trademarks
All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site (other than User Submissions), will remain at all times the property of BlooSee and/or licensors. The names, images and logos identifying BlooSee are proprietary marks of BlooSee.
Their use here does not imply that you may use them.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
The content on the BlooSee Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BlooSee, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BlooSee reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Website.
User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
You may access the Content, User Submissions and other content only as permitted under these Terms of Service. BlooSee reserves all rights not expressly granted in and to the Content and the Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that BlooSee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BlooSee with respect thereto, and agree to indemnify and hold BlooSee, its officers, directors, employees, consultants, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Your User Submissions and Conduct
As a BlooSee account holder you may submit multimedia content (images, sound and /or video, referred to as “User Multimedia”) and textual content such as names, comments and descriptions (“User Comments”) all of which may or may not be assigned geographic coordinates on a map (“User Locations”). The User Multimedia and User Comments, together with the User Locations, are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, BlooSee does not guarantee any confidentiality with respect to any User Submissions.
You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BlooSee to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights that might apply to your User Submissions. However, by submitting User Submissions to BlooSee, you hereby grant BlooSee a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and BlooSee’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Website. You understand and agree, however, that BlooSee may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BlooSee all of the license rights granted herein.
BlooSee does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BlooSee expressly disclaims any and all liability in connection with User Submissions. BlooSee does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BlooSee will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. BlooSee reserves the right to remove Content and User Submissions without prior notice.
Account Termination Policy
BlooSee will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer, or a single infraction is considered serious.
BlooSee reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length, or information that intends to create a navigational hazard or a hazard of any kind. BlooSee may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.