Terms of Use Agreement
Read The Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on May 7th, 2009 and may be periodically updated.
Welcome to Save Planet Blue (the website). The Website is operated and presented to users by BlueVision Entertainment, Inc. of Orlando, Florida, USA. All references herein to BlueVision Entertainment shall be deemed to be references to the Corporation.
IF YOU ARE A PARENT OF GURARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS GOVERNING YOUR CHILD'S USE OF SAVEPLANETBLUE.COM. USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND SUBSEQUENT AMENDMENTS.
This Terms of Use Agreement sets forth the standards of use of BlueVision Entertainment, Inc. Online Service for Registered Members. By using Saveplanetblue.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Saveplanetblue.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1. Description of Service
BlueVision Entertainment, Inc. provides Members with Online Interactive Games. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by BlueVision Entertainment, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BlueVision Entertainment makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BlueVision Entertainment shall have no liability for any interruptions in the use of this Website. BlueVision Entertainment disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties.
3. Limitation of Liability
BLUEVISION ENTERTAINMENT, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER.THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BLUEVISION ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
4. Indemnification
Members agree to indemnify and hold BlueVision Entertainment, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by any Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify BlueVision Entertainment of any unauthorized use of Member's account or any other breach of security known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of BlueVision Entertainment.
6. Modifications and Interruption to Service
BlueVision Entertainment reserves the right to modify or discontinue the Service with or without notice to the Member. BlueVision Entertainment shall not be liable to Member or any third party should BlueVision Entertainment exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BlueVision Entertainment does not guarantee continuous, uninterrupted or secure access to our website. Operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and BlueVision Entertainment is not responsible for such sites. BlueVision Entertainment encourages all Members to review the privacy policies and terms of use of third-party sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BlueVision Entertainment makes every effort to ensure that the information on this website is accurate, the Company can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
BlueVision Entertainment makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and all Members acknowledge that any reliance on representations and warranties provided by any Vendor shall be at Member's own risk.
9. Governing Jurisdiction of the Courts of Orange County, Florida
This website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Blue Vision Entertainment makes no representation that this website or other services are appropriate, legal or available for use in other locations.
10. Compliance with Laws
Members assume all knowledge of applicable law and are responsible for compliance with any such laws. Members may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Members further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of BlueVision Entertainment, Inc. and/or any third parties protected by intellectual property rights whose content is authorized to be on this sits. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of BlueVision Entertainment is strictly prohibited. Members agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy any web pages or content contained herein without prior written permission of BlueVision Entertainment, Inc.
BlueVision Entertainment™ and SavePlanetBlue.com™ are proprietary marks of BlueVision Entertainment, Inc. BlueVision Entertainment's trademarks may not be used in connection with any product or service that is not provided by or authorized by BlueVision Entertainment, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BlueVision Entertainment, SavePlanetBlue.com, Planet Blue, or Planet Blue Savers.
All other trademarks displayed on BlueVision Entertainment's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BlueVision Entertainment.
12. Notification of Claimed Copyright Infringement
Blue Vision Entertainment respects the intellectual property rights of others, and requires the same of anyone using this site, or the services or features made available on or through this site. If anyone believes that their proprietary work or content has been copied in any way that constitutes copyright infringement, please forward the following information to BlueVision Entertainment's designated DMCA Agent named herein, in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2):
- The alleged copyright owner's address, telephone number, and email address;
- A description of the copyrighted work that claimed to be infringed;
- A description of the location of the alleged infringing material;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement made under penalty of perjury that the information furnished in the notice is accurate and that the person providing the notice is the copyright owner or is authorized to act on the copyright owner's behalf.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BlueVision Entertainment designates the following individual as its DMCA Agent for receipt of notifications of claimed copyright infringement.
By Mail:
William Whitacre & Associates, P.A.
5401 South Kirkman Rd. Suite 310
Orlando, FL 32819
By Telephone: 1-800-258-7602
By Email: William L. Whitacre, Esquire, c/o VLauren@Saveplanetblue.com
13. Botnets
BlueVision Entertainment retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BlueVision Entertainment reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at the Company's discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Members agree that these Terms and this Terms of Use Agreement and any other agreements referenced herein may be assigned by BlueVision Entertainment, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. |