THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BLUMOXY, LLC. YOU SHOULD CAREFULLY READ THIS AGREEMENT, WHICH ALSO INCLUDES AND INCORPORATES THE BLUMOXY PRIVACY POLICY (the "Privacy Policy"). IF YOU ACCEPT THE TERMS OF THIS AGREEMENT PLEASE CLICK "ACCEPT" AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE LOG OUT: YOU WILL NOT BE PERMITTED TO SET UP A BLUMOXY ACCOUNT OR USE THE BLUMOXY SERVICES OR MOXYBOOK APPLICATION.
BluMoxy, LLC ("Blumoxy," “we,” "us" or "our") enables its users ("User," "you" or "your") to use the BLUMOXY website and service, and any software associated with the foregoing, including the Moxybook application (the "Application") (collectively such services, websites and software may be referred to as the "Service") to copy and store content you’ve created on the Facebook, twitter and blogger platforms (and other web services we may make available in the future) (collectively, the "Sources").
All use of the Service and Application is governed by this Agreement (including any future revisions of this Agreement). Any uses not in accordance with this Agreement are expressly prohibited.
1. Eligibility.
In order to register for the Service, you must be an adult according to the laws of the jurisdiction (i.e. state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Service you must have a parent or guardian register for the Service on your behalf. By registering for the Service, you are making a representation to BluMoxy that you are an adult in the jurisdiction in which you reside and that you agree to this Agreement on behalf of yourself and, at your discretion, for one (1) minor child who is over the age of 13 for whom you are a parent or guardian and whom you have authorized to use the account you create to use the Service. In any event, the Service is not directed to persons under the age of 13, so if you are under the age of 13 you are not permitted to use the Service, even if a parent or guardian registers for the Service on your behalf.
2. Establishing an Account.
To establish an Account, you will be required to provide BluMoxy with certain personal information. Your failure to supply accurate information to BluMoxy when requested, or to update that information as it changes, may result in an interruption or cancellation of service. The protection of your personal data is important to us. Our Privacy Policy informs you which of your data we collect, process, store or transmit during your use of the Service and Application. You agree that we may handle your personal information as described in our Privacy Policy .
During the registration process, you will also be required to select a password that is unique to your Account. You may not share the Account or your password with anyone except as expressly permitted under this Agreement. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all uses of your password, whether or not authorized by you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure.In the event that you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your password, you must immediately notify BluMoxy by emailing support@blumoxy.com.
3. Ownership.
All rights and title in and to the Service and Application are owned by BluMoxy or its licensors and are protected by United States and international laws and treaties. All rights to the Moxybooks created for you are owned by you.
4. Your Limitations and Responsibilities.
4.1. You agree that all uses of the Services and Application, and all uses you make of your Moxybooks, will be personal and noncommercial.
4.2. You further agree that you will not:
(a) reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service or application, or remove any proprietary notices or labels;
(b) use any software or other device that intercepts, “mines”, or otherwise collects information from or through the Service;
(c) exploit the Service for any commercial purpose or rent, lease or license or otherwise provide access to the Service to any other party;
(d) violate any applicable law or regulation in connection with your use of the Service;
(e) use, display, mirror or frame the Service, any individual element within the Service, the BluMoxy name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
(f) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
(g) attempt to probe, scan, or test the vulnerability of any BluMoxy system or network or breach any security or authentication measures;
(h) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BluMoxy or any of our providers or any other third party (including another user) to protect the Service;
(i) attempt to access or search the Service or scrape or download user content or BluMoxy content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BluMoxy or other generally available third party web browsers;
(j) send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
(k) use any meta tags or other hidden text or metadata utilizing a BluMoxy or BluMoxy trademark, logo, URL, or product name without BluMoxy’s express written consent;
(l) use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by BluMoxy or in any manner not permitted by the Terms;
(m) use BluMoxy user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
(n) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
(o) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
(p) collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
(q) impersonate or misrepresent your affiliation with any person or entity;
(r) violate any applicable law or regulation;
(s) encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy; or
(t) disrupt or assist in the disruption of (i) any computer used to support the Service; or (ii) any other party’s use of the Service. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
4.3. You agree not to engage in any of the following prohibited activities:
4.4. Use, display, mirror or frame the Service, any individual element within the Service, the BluMoxy name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
4.5. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
4.6. Attempt to probe, scan, or test the vulnerability of any BluMoxy system or network or breach any security or authentication measures;
4.7. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BluMoxy or any of our providers or any other third party (including another user) to protect the Services or BluMoxy Content;
4.8. Attempt to access or search the Services, User Content or BluMoxy Content or scrape or download User Content or BluMoxy Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BluMoxy or other generally available third party web browsers;
4.9. Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
4.10. Except for use of a "No Pin" instruction, use any meta tags or other hidden text or metadata utilizing a BluMoxy or BluMoxy trademark, logo, URL, or product name without BluMoxy’s express written consent;
4.11. Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by BluMoxy or in any manner not permitted by the Terms;
4.12. Use BluMoxy user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
4.13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
4.14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
4.15. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
4.16. Impersonate or misrepresent your affiliation with any person or entity;
4.17. Violate any applicable law or regulation; or
4.18. Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
(a)
5. Use of Your Personal Information and Content.
5.1. So that BluMoxy is not violating any rights you might have in your personal information and content, you hereby grant to BluMoxy a non-exclusive, worldwide right to exercise any rights you have in this information and content, but solely to enable BluMoxy to provide the Service to you.
5.2. You understand and agree that BluMoxy may, but is not obligated to, review your content (whether by automated tools or human intervention) and that BluMoxy may in its sole discretion delete or remove any of your content without notice, for for any or for no reason, if BluMoxy determines that collecting, storing, or copying your content, or making it accessible to your friends by sending them a Moxybook may violate this Agreement or may cause BluMoxy to violate the law, third party rights or its contracts with the Sources or other persons.
5.3. You represent and warrant that you own or otherwise control all of the rights to your content that you post; that your content is accurate; that use of your content does not violate this Agreement and will not cause injury to any person or entity.
5.4. It may happen that certain third party content is interwoven or inextricably connected to your content, for example, if you request that we capture and reproduce a chat in which you participated. You acknowledge that we have no liability or responsibility to you should the third party object or take action. Therefore, you should obtain the consent of any third party whose content is likely to be captured along with your requested content before instructing us to capture that third party content.
5.5. You agree not to post content that:
(a) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
(b) may create a risk of any other loss or damage to any person or property;
(c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) violates, or encourages any conduct that violates laws or regulations;
(e) contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(g) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
(h) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(i) is fraudulent, false, misleading, or deceptive.
6. Links, References and Content Control.
6.1. The BluMoxy website may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. BluMoxy does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.
6.2. The BluMoxy website may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the BluMoxy site. Rather, you are responsible to evaluate the information, advice, and other content available through the site, and any products, services or firms referenced here.
6.3. We do not control the content provided by other users that may be made available through the Service. You may find other users’ content to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. Also, because user verification on the Internet is difficult, BluMoxy cannot always verify the actual user under an account. So you should be aware that there are also risks of dealing with people acting under false pretenses. By using the Service, you agree to accept such risks and that BluMoxy is not responsible for the acts or omissions of users of the Service.
7. BluMoxy’s Absolute Right to Suspend, Terminate and/or Delete Your Account. BLUMOXY MAY SUSPEND, TERMINATE, OR DELETE YOUR ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Agreement. In most cases, if you have an account balance at the time of termination, it will be refunded to you. For more information, read our Return Policy.
8. Warranty Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND BLUMOXY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND OF NON-INFRINGEMENT.
9. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND APPLICATION REMAINS WITH YOU AND YOU USE THE SERVICE AT YOUR OWN RISK; NEITHER BLUMOXY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR APPLICATION WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SERVICE OR APPLICATION OR THE USE THEREOF. IN NO EVENT WILL ANY OF THESE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FROM THE SERVICE OR APPLICATION, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR APPLICATION OR USER CONTENT OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUMOXY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. If, notwithstanding the foregoing exclusions, it is determined that BluMoxy is liable for damages, in no event will BluMoxy’s liability, whether in contract, tort, strict liability or otherwise, exceed (in the aggregate) US$100 or, if greater, the unused amount prepaid by you. You hereby agree to defend, indemnify and hold BluMoxy harmless from and against any claim, suit, proceeding, dispute, demand, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees and costs of defense of claims, suits or proceedings brought by third parties) incurred by BluMoxy arising out of or from your use of the Service, including any liability to any of the Sources that may arise if our use of your content (as authorized by you) puts you or us in violation of the Sources’ respective terms and conditions of use. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in all instances.
10. Carrier Charges. Your dealings with any wireless, telecommunications or other carrier (“Carrier“) in connection with the Service, including usage and data charges, are solely between you and the Carrier. You are solely responsible for, and BluMoxy will not have any liability to you for, any access or usage charges charged by a Carrier related to any device that you use to access or use the Service.
11. Changes to this Agreement and the Service. You should be aware that BluMoxy may revise this Agreement (including the Privacy Policy) at any time. However, BluMoxy will not make changes that result in material additional uses or disclosures of your personally identifiable information without allowing you to "Opt In" to such changes. BluMoxy may also make non-significant changes to this Agreement (including the Privacy Policy) that generally will not significantly affect BluMoxy’s use of your personally identifiable information. We encourage you to check this page and the Privacy Policy periodically for any changes. Your continued use of the Service following the posting of non-material changes to this Agreement or the Privacy Policy will mean you accept those changes. BluMoxy may change, modify, suspend, or discontinue any aspect of the Service at any time. BluMoxy may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
12. Dispute Resolution and Governing Law.
12.1. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute“), you and BluMoxy agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice. Your address for such notices is the email address you have provided to BluMoxy when setting up your Account. BluMoxy’s address for such notices is 3010 LBJ Freeway, Suite 1200, Dallas, TX 75234, Attention: Legal.
12.2. If you and BluMoxy are unable to resolve a Dispute through informal negotiations, either you or BluMoxy may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. If you are a resident of the United States, the arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures of JAMS (the "JAMS Rules"), which is available at the JAMS website www.jamsadr.com. If you reside outside the United States, the arbitration will be commenced and conducted under the WIPO Expedited Arbitration Rules, which are available at the WIPO website www.wipo.int. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules (and, where appropriate, limited by the JAMS Consumer Rules) or by the WIPO Expedited Arbitration Rules, as applicable. If such costs are determined by the arbitrator to be excessive, BluMoxy will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and BluMoxy may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
12.3. You and BluMoxy agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or BluMoxy’s intellectual property rights; and (b) any claim for injunctive relief.
12.4. You and BluMoxy agree that any arbitration will be limited to the Dispute between BluMoxy and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
12.5. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. If you reside outside the United States, any arbitration will be initiated in Dallas, Texas, USA. You and BluMoxy agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Massachusetts state and Federal courts located in Dallas, Texas, USA have exclusive jurisdiction and you and BluMoxy agree to submit to the personal jurisdiction of such courts.
12.6. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the USA and the State of Texas, without regard to choice of law principles.
12.7. You and BluMoxy agree that if any portion of this Section 12 is found illegal or unenforceable (except any portion of Section 12.3), that portion will be severed and the remainder of the section will be given full force and effect. If Section 12.3 is found to be illegal or unenforceable, neither you nor BluMoxy will elect to arbitrate any Dispute falling within that portion of Section 12.3 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Dallas, Texas, USA, and you and BluMoxy agree to submit to the personal jurisdiction of that court.
13. Miscellaneous. Subject to Section 12.7, if any provision of this Agreement is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement (including the Privacy Policy which is incorporated into and a part of this Agreement) is the complete and exclusive statement of the agreement between you and BluMoxy concerning its subject matter, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and BluMoxy. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and will not be read to have any legal effect. Whenever used in this Agreement, the word "including" will be deemed to mean "including, without limitation."
14. Claims of Copyright Infringement
We respect the intellectual property of others, and we expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our Copyright Agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
BluMoxy, LLC
3010 LBJ Freeway
Suite 1200
Dallas, TX 75234
Attention: Copyright Agent
By email: support@blumoxy.com
Please include "Copyright" in the subject line.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY REGISTRATION FOR AND/OR USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
