Copyright Information
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by BluDANGLE™. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of BluDANGLE™ or any third party, except as expressly granted herein.
All of our products are made in America by real Americans
Terms of Use
Welcome
Welcome to BluDANGLE™. By using our site, you agree to abide by the terms of the Terms of Use and the BluDANGLE™ Privacy Policy. These are legally binding agreements between you and us; please read them carefully. When using BluDANGLE™.com, you also are subject to other posted guidelines or rules applicable to certain services available on our site. All such guidelines and rules are part of this Terms of Use and you agree to them by using BluDANGLE™.
Because the Web is an evolving medium, we may need to change the terms of this Terms of Use from time to time, in which case we will post the revised Terms of Use on this site. By continuing to use the BluDANGLE™.com Web site after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time. From time to time, we may establish general practices, limits, or restrictions concerning the use of our site and the posting of information, comments and other materials by registered members of our community.
Registration and Posting. To post information or comments on the BluDANGLE™ Web site, or to obtain access to certain BluDANGLE™ services, you must become a registered user of the site. We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 18 to register to use the Service. In our registration process, you will be required to provide your e-mail address, zip code, gender, and year of birth. You also will be asked to select a password. You agree that the information you supply during the BluDANGLE™ registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any member account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.
Termination Actions. We reserve the right to reject or terminate the use of any member name that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your BluDANGLE™. com password and account, and are responsible for all activities that occur under your password and account. If you discover or suspect any unauthorized use of your password or account, or any other breach of security, you agree to immediately notify Webmaster. We may terminate any member account that is inactive for an extended period of time. We reserve the right to terminate the member account of, and to restrict or deny access to our Web site or any service provided via our Web site to, anyone who violates this Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
Rights to screen content. We have the right (but not the obligation), in our sole discretion, to screen content submitted by our members and to edit, move, delete, and/or refuse to accept any content that in our judgment violates this Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Information Provided by BluDANGLE™
The content on the BluDANGLE™ 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 BluDANGLE™, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. BluDANGLE™(tm) is a trademark of Capitol Broadcasting Company, Inc. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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. BluDANGLE™ reserves all rights not expressly granted in and to the Website and the Content. 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. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the BluDANGLE™ Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BluDANGLE™ Website or the Content therein. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source code contained in the BluDANGLE™ service.
User Submissions
The BluDANGLE™ Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, BluDANGLE™ does not guarantee any confidentiality with respect to any submissions. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by a BluDANGLE™ member, or for BluDANGLE™’s failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via or link to from the BluDANGLE™ site and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our site; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize BluDANGLE™ to use the User Submissions in the manner contemplated by this site and these Terms of Service; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this site and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BluDANGLE™, you hereby grant BluDANGLE™ a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BluDANGLE™ Website and BluDANGLE™’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the BluDANGLE™ Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BluDANGLE™ Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the BluDANGLE™ Website.
In connection with User Submissions, you further agree that you will not: (i) 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 BluDANGLE™ all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BluDANGLE™ or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
BluDANGLE™ does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BluDANGLE™ expressly disclaims any and all liability in connection with User Submissions. BluDANGLE™ does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BluDANGLE™ will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. BluDANGLE™ reserves the right to remove Content and User Submissions without prior notice. BluDANGLE™ will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. BluDANGLE™ also 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 and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BluDANGLE™ may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Prohibited Content
By using our site, you agree that you will not post or otherwise make available any content or material that:
* is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy BluDANGLE™;
* harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* harms minors in any way;
* impersonates any person or entity, including, but not limited to, a BluDANGLE™ employee or another BluDANGLE™.com member, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
* includes personal or identifying information about another person without that person’s explicit consent;
* is false, deceptive, misleading, deceitful or misinformative;
* is non-local or otherwise irrelevant;
* infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
* you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
* contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the BluDANGLE™ Web site or any computer software or hardware or telecommunications equipment;
* interferes with or disrupts the BluDANGLE™.com service or servers or networks connected to BluDANGLE™.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the BluDANGLE™.com;
* intentionally or unintentionally violates any applicable local, state, national or international law;
* provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Prohibited Behavior Includes:
You further agree that you will not:
* contact anyone who has asked not to be contacted;
* engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community.
* collect personal data about, or the e-mail addresses of, other BluDANGLE™.com members for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
* repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
* take or cause to be taken any action that disrupts the normal flow of postings and dialogue on BluDANGLE™ (such as submitting an excessive number of messages – i.e., a flooding attack), or that otherwise negatively affects other members’ ability to use the BluDANGLE™ site and/or services;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from BluDANGLE™.com. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use.
External Links
BluDANGLE™ may contain links to other Web sites that are not owned or operated by BluDANGLE™ and are separate and independent from our site. Visiting such other Web sites from BluDANGLE™.com is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Web site does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.
Copyright Infringement Notification Procedure
If you are an owner of intellectual property or an agent of such owner who believes your intellectual property has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us.
Classified Ads; Limitation on Liability
BluDANGLE™ offers private individuals the opportunity to place classified ads on the BluDANGLE™. Placement of classified ads is governed by this Terms of Use, including the following specific terms:
You represent and warrant that no classified ad you post on BluDANGLE™ (nor any enhancement you post to an existing listing) (a) will violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), (b) will be libelous, nor (c) will it infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. You will indemnify and hold BluDANGLE™, its affiliated entities and its employees harmless against any and all expenses and losses of any kind (including reasonable attorneys’ fees) incurred by them in connection with (x) any breach or alleged breach of this warranty, and/or (y) any classified ad you post or any enhancement you post to an existing listing.
THE AGGREGATE LIABILITY OF BluDANGLE™ ARISING OUT OF ANY CLASSIFIED AD YOU POST OR ATTEMPT TO POST ON BluDANGLE™.COM, ANY YELLOW PAGES LISTING YOU POST, AND ANY ENHANCEMENT YOU POST TO AN EXISTING LISTING WILL BE LIMITED TO THE AMOUNT YOU PAID TO BluDANGLE™, IF ANY, WITH RESPECT TO THE AD(S) AND/OR LISTINGS OUT OF WHICH THE CLAIM ARISES OR THE DISPLAY OF THE RELEVANT AD OR LISTING AT A LATER TIME, AT BluDANGLE™’S DISCRETION. OTHERWISE, BluDANGLE™ WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY OR ARISING OUT OF BluDANGLE™’S FAILURE TO DISPLAY ANY CLASSIFEID AD OR ANY YELLOW PAGES LISTING, OR THE MANNER IN WHICH ANY SUCH AD OR LISTING IS DISPLAYED.
Your Responsibilities
You agree to use our Web site in accordance with this Terms of Use, including our Privacy Policy.
If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment. If you see something on the site that you believe violates this Community Agreement, interferes with the ability of others to enjoy the site, or is otherwise objectionable, click the "Report Misconduct" link on that page or please notify our Customer Service Manager.
Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between members of this site, or between a member and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other members, you release BluDANGLE™, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the BluDANGLE™ servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, BluDANGLE™ grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BluDANGLE™ 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Disclaimer of Warranty; Limitation of Liability; Indemnification
We work hard to make this Web site. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Web site.
NO WARRANTIES: YOU AGREE THAT USE OF THE BLUDANGLE™. WEB SITE ("BluDANGLE™ SITE" OR "SITE") AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY BluDANGLE™ ON AN "AS IS" AND "AS AVAILABLE" BASIS. BluDANGLE™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUDANGLE™. DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE BLUDANGLE™. SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL BluDANGLE™ OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF BluDANGLE™ AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO BluDANGLE™ FOR THE USE OF THIS WEB SITE.
INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BluDANGLE™, ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE BluDANGLE™.COM SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous
The BluDANGLE™ service may be transmitted to you over various networks, and any content that you contribute may be modified to comply with this Terms of Use or to conform and adapt to our technical requirements and those of connecting networks or devices.
You are solely responsible for obtaining access to BluDANGLE™, and you must provide and be responsible for all equipment needed to access BluDANGLE™.
Our failure to exercise or enforce any of our rights or to enforce any provision of this Terms of Use will not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Terms of Use will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Terms of Use or use of the BluDANGLE™ site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law and Forum
Any dispute of any sort that might arise between you and BluDANGLE™.com will be governed by the laws of the United States and of North Carolina, without regard to its principles of conflict of laws. You and BluDANGLE™ submit to the exclusive jurisdiction of the state and federal courts in the Eastern District of North Carolina.
Feedback
We welcome your questions or comments about this Terms of Use or our Web site, and also welcome any suggestions you may have for improvement of our site
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. BluDANGLE™ makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. BluDANGLE™ SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL BluDANGLE™ BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
— OR Depending on State —
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by BluDANGLE™.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. BluDANGLE™ is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not BluDANGLE™.
The inclusion of material on this server does not imply any endorsement by BluDANGLE™, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although BluDANGLE™ tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return Policy
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). BluDANGLE™ reserves the right to change its payment procedures at any time without prior notice to you.
Miscellaneous
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. BluDANGLE™ and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of BluDANGLE™ shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and BluDANGLE™ with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and BluDANGLE™ with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by BluDANGLE™. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
|