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Inside BlueChowder BluePoints are our currency for purchasing off of the site, and they can be earned or rewarded for a variety of acts. The points do not expire unless an account has a BluePoint balance and has been left inactive for 18 months. In this case the account holder will be notified that their points will be donated to charity and their account closed if left inactive. The dormant account holder will have 30 days to respond and utilize their BluePoints or the funds will be donated to charity.
Following is the more extensive terms of use which is required by our lawyers: 1. Your Acceptance PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Xzoosia, Inc. (“Xzoosia,” “we,” “our,” “us”) provides the BlueChowder.com web site and all site-related services (collectively, the “Website”) subject to your compliance with the terms and conditions set forth in these Terms of Use. These Terms of Use govern the relationship between Xzoosia and you, the Website visitor or user (“you,” “your”) with respect to your use of the Website. It is important that you read carefully and understand these Terms of Use. BY USING AND/OR VISITING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF XZOOSIA'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.bluechowder.com/privacy_policy.php , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the Website. We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting the new or revised terms on the Website. Your continued use of the Website following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. 2. BlueChowder.com Website These Terms of Use apply to all users of the Website, including users who are also contributors of video content, information and other materials or services on the Website. The Website may contain links to third party websites that may or may not be owned or controlled by Xzoosia. Xzoosia is providing these links to you only as a convenience. Xzoosia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Xzoosia will not and cannot censor or edit the content of any third-party site and the fact that Xzoosia offers such links does not indicate any approval or endorsement of any material contained on any linked site. By using the Website, you expressly relieve Xzoosia from any and all liability arising from your use of any third-party website, including with respect to the privacy or other practices at such sites. Accordingly, we encourage you to be aware when you leave the Website, and to read the terms and conditions and privacy policy of each other website that you visit. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. 3. Website Access Xzoosia hereby grants you permission to use the Website, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or any part of the Website in any medium without Xzoosia’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. Xzoosia cannot guarantee that technical difficulties will not occur during the upload of the Content or that the Content will upload successfully. Some areas of the Website may require you to be or become a registered member of the Website. When and if you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.bluechowder.com and going to the “My Profile” section of your BlueRoom, then immediately notifying us of the problem by emailing us at customerservice@bluechowder.com . YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. 4. Copyright The content on the Website, including without limitation the text, software, graphics, photos, videos and the like (collectively, the "Content"), is owned by or licensed to Xzoosia, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Xzoosia reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. 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 may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose. The trademarks, service marks and logos contained on the Website or in the Content, are the intellectual property of Xzoosia, its owners/operators, affiliates, and/or licensors, and are protected by the Trademark Laws of the 6. User Submissions You, the content owner, maintain the copyright on all videos, content, suggestions, ideas, notes, concepts, information or other materials provided or uploaded to Xzoosia (“User Submissions”). Subject to the rights and licenses you grant to Xzoosia under these Terms of Use, you retain all rights to the ownership and use of your User Submissions. None of the User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions. By submitting a User Submission you certify that either (i) you are 18 or an emancipated minor and have the right to submit the User Submission and grant the licenses provided hereunder, or (ii) you have obtained your parent’s or legal guardian’s express consent to submit the User Submission and to grant the licenses provided hereunder. You shall 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: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Submissions and to grant the rights and licenses to Xzoosia under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights ("Intellectual Property") in and to any and all User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) 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 in the manner contemplated by the Website and these Terms of Use. In connection with User Submissions and your use of the Website, you further agree that you will not (collectively, the “Codes of Conduct”):
While using the Website, you agree to comply with all applicable laws, rules and regulations. Xzoosia does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Xzoosia expressly disclaims any and all liability in connection with User Submissions. The opinions expressed in any User Submission reflects solely the opinion(s) of the user submitting such User Submission and does not reflect the opinion(s) of Xzoosia. If notified by a user of a User Submission that allegedly does not conform to this Agreement, Xzoosia may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission. You understand that when using the Website you will be exposed to User Submissions from a variety of sources, and that Xzoosia 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, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Xzoosia with respect thereto, and agree to indemnify and hold Xzoosia, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. You acknowledge and agree that we have the right (but not the obligation) to monitor the Website and each User Submission; to alter or remove any User Submission at any time; to disclose any User Submission and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate the Website properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests. You irrevocably agree to grant, and actually grant Xzoosia and its designees a perpetual, worldwide, non-revocable, unlimited, transferable, assignable, sublicensable (through multiple tiers), royalty-free, non-exclusive right and license to reproduce, publish (on the Website, on any other website(s), in print, radio, television or elsewhere), store, distribute or display (publicly or otherwise), modify, edit, communicate, create derivative works, translate, adapt, digitally transmit and otherwise use, market and commercialize each User Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Xzoosia’s sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. You further acknowledge that Xzoosia is under no obligation to post, display or otherwise use any User Submission. You further acknowledge and agree that the Content may be shown on any web site, whether within or outside the Xzoosia service. You further acknowledge that Xzoosia has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Xzoosia receives directly or indirectly from the use or display of your User Submission or otherwise from the exercise of Xzoosia’s rights granted under these Terms of Use. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Xzoosia or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a User Submission, or any derivative works thereof, infringe any of your rights as creator of the User Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.” Our Forums are designed for users and members of the Website to share information regarding the products and services offered on the Website. Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Xzoosia. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members of the Xzoosia community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Xzoosia. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Website. We have no obligation to monitor the Website or the Forums, or any User Submissions or other materials that you or other third parties transmit or post on the Website or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Website and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. 7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND ANY CONTENT OR MATERIALS ON THE WEBSITE (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, XZOOSIA, ITS OWNERS/OPERATORS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. XZOOSIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT XZOOSIA SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE WEBSITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF XZOOSIA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. XZOOSIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND XZOOSIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 8. Limitation of Liability IN NO EVENT SHALL XZOOSIA, ITS OWNERS/OPERATORS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY REASON ARISING FROM OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XZOOSIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 9. Indemnity You agree to defend, indemnify and hold harmless Xzoosia, its owners/operators and affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any terms or conditions contained in these Terms of Use; (iii) your violation of any third party right, including without limitation any Intellectual Property or other rights; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website. 10. Claims of Copyright Infringement The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Xzoosia infringe your copyright (for example, a video posted by a user), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Xzoosia to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Xzoosia against you, the DMCA permits you to send Xzoosia a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to Xzoosia Customer Service, 11. Access By Minors Pursuant to 47 U.S.C. Section 230 et seq, as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site GetNetWise (http://www.getnetwise.org) and OnGuard Online (http://onguardonline.gov). 12. Ability to Accept Terms of Use You affirm that you are over the age of 13 and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not over the age of 13, then please do not use the Website. There are many websites that are for children under the age of 13, but the Website is not such a website. 13. Jurisdictional Issues The Website is solely directed to individuals residing in the United States. You agree that: (i) the Website shall be deemed solely based in We make no representation that any materials or content (including User Submissions) available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or any content (including User Submissions) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. 14. Rules for Sweepstakes, Contests and Games Any sweepstakes, contests or games that are accessible through the Website are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such sweepstakes, contests and games. 15. Making Purchases If you wish to purchase products or services described on the Website, you will be asked by Xzoosia or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Xzoosia in the manner described in our Privacy Policy, which can be found at http://www.bluechowder.com/privacy_policy.php . You agree that all information that you provide to Xzoosia or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Descriptions or images of, or references to, products or services on the Website do not imply Xzoosia’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Xzoosia’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Website may be obtained by calling our Member Services Department at 888-520-3666. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 16. General We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Website or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Use, your right to use the Website shall immediately cease, and you shall destroy all material and content obtained from the Website and all copies thereof, whether made under the terms of these Terms of Use or otherwise. These Terms of Use, together with the Privacy Policy at http://www.bluechowder.com/privacy_policy.php and any other legal notices published by XZOOSIA on the Website, shall constitute the entire agreement between you and Xzoosia concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Xzoosia 's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. |
