Blu Democracy Terms Of Use

Introduction

The BluDemocracy online store web site is a web-based service operated by Sustain Brands, LLC.

Age Requirements

In order to use the BluDemocracy online store, you must be at least 13 years of age. If you are under 13 years-old, you may not use the BluDemocracy online store Web Site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years-old, you may use the BluDemocracy online store Web site only under the supervision and with the consent of your parent or legal guardian.

Legal Agreement Between You And Sustain Brands, LLC.

These Terms of Use constitute a legal agreement between you, the user of the BluDemocracy Web Site. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the BluDemocracy Services. If you do not accept these Terms of Use in their entirety, you may not access or use the BluDemocracy Web Site.

Modification Of These Terms Of Use

BluDemocracy may wish to update or change the terms, conditions, and notices for the BluDemocracy Web Site from time to time to reflect changes in the BluDemocracy Web Site, changes in the laws affecting the BluDemocracy Web Site, or for other good reasons. You understand that BluDemocracy reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on this Web site. Continued access to or use of the BluDemocracy Web Site after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the BluDemocracy Web Site shall be subject to the Terms of Use, as modified from time to time.

Privacy And Personal Information

You are required to register to use the BluDemocracy online store Web site and BluDemocracy Services. To set up an account, you must provide information about yourself and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the BluDemocracy online store Web site and BluDemocracy Services. BluDemocracy agrees that they will only use and/or disclose your personal information in accordance with the terms of the BluDemocracy online store Web site Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the BluDemocracy online store Web site. The Privacy Policy shall supersede any conflicting language in these Terms of Use.

BluDemocracy E-mail List

By joining the BluDemocracy email list, you are requesting to receive special BluDemocracy offers via email. The following terms and conditions apply;

  • At any time, you may request that BluDemocracy no longer send email messages to you. If you would no longer like to receive email messages from BluDemocracy, please follow the opt-out link included in the email received from BluDemocracy.
  • To maximize the benefits of receiving emails from BluDemocracy, you may be asked to identify yourself when completing transactions at BluDemocracy stores and to provide certain identifying information to confirm your interest in the email list. You also may be asked to verify that the information BluDemocracy has for you is accurate. You hereby agree that BluDemocracy may ask for this information to attribute your purchases to you and to verify the accuracy of your information. If you so choose, you can elect not to provide this information at any time.
  • You acknowledge that providing information is not required to complete a purchase and that no purchase is necessary to join the BluDemocracy email list.
  • BluDemocracy does not buy, rent or sell email names or lists

You Are Responsible For Your Account

You are responsible for maintaining the confidentiality of your password, which is needed to access your account. Furthermore, you are responsible for all activities that occur in your account and you agree to notify BluDemocracy immediately of any unauthorized use of your account. BluDemocracy is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Personal And Non-Commercial Use Only

You may only use the BluDemocracy online store Web site for your own personal and non-commercial purposes. Each BluDemocracy online store account may only be used by a single user, and you may not allow or permit anyone else to use your BluDemocracy online store account to access the BluDemocracy Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the BluDemocracy online store except as expressly provided in these Terms of Use.

Third Party Sites

This Web site contains links to other Web sites controlled or operated by persons and companies other than BluDemocracy or Linked Sites. The Linked Sites are not under the control of BluDemocracy and BluDemocracy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BluDemocracy is not responsible for Web casting or any other form of transmission received from any Linked Site, nor is BluDemocracy responsible if the Linked Site is not working correctly. BluDemocracy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BluDemocracy of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the BluDemocracy online store or are identified on this Web site, including the delivery of and payment for goods and services.

Prohibited Uses

You agree that you will not: (1) use the BluDemocracy online store Web site for any purpose that is unlawful or contrary to these Terms of Use; (2) use the BluDemocracy online store Web site in any manner that could damage, disable, overburden, or impair the BluDemocracy online store Web site or interfere with any other party's use and enjoyment of them; (3) attempt to gain unauthorized access to any BluDemocracy account, computer systems or networks associated with the BluDemocracy online store Web site; or (4) obtain or attempt to obtain any materials or information through the BluDemocracy online store Web site by any means not intentionally made available or provided for.

Acceptable Use Policy

You agree to fully comply with the BluDemocracy online store Web site Acceptable Use Policy. The Acceptable Use Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Acceptable Use Policy. Please carefully review the Acceptable Use Policy. If you do not accept the Acceptable Use Policy in its entirety, you may not access or use the BluDemocracy online store Web site.

Purchasing Terms

You may make various purchases in the course of using the BluDemocracy online store Web site. You agree to fully comply with the BluDemocracy online store Web site Purchasing Terms. The Purchasing Terms are hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Purchasing Terms. Please carefully review the Purchasing Terms. If you do not accept the Purchasing Terms in their entirety, you may not access or use the BluDemocracy online store Web site.

Your Feedback And Suggestions Submitted To BluDemocracy

BluDemocracy wants your voluntary feedback and suggestions on the BluDemocracy online store web site so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that BluDemocracy needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to BluDemocracy, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting BluDemocracy permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to BluDemocracy's use of the materials contained within such feedback or suggestions. BluDemocracy is under no obligation to post or use any materials you may provide and may remove such materials at any time at BluDemocracy's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the BluDemocracy online store Web site, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the BluDemocracy online store Web Site Privacy Policy.

Your Photos And Other Materials Submitted To BluDemocracy

By submitting text, photos, artwork, sound recordings, software, data, or any other materials (Your Materials), you are giving us permission, in perpetuity, on a no-charge basis, to use the Your Materials in connection with the BluDemocracy online store Web Site, any advertisements and promotions, and for any other purpose for which BluDemocracy chooses to use the Your Materials. In particular, you understand and agree that by submitting any Your Materials to BluDemocracy or to the BluDemocracy online store Web site, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting BluDemocracy and their affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Your Materials. These grants include the right to exploit any proprietary rights in such Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to BluDemocracy's use of the Your Materials. BluDemocracy are under no obligation to post or use any Your Materials you may provide and may remove such Your Materials at any time at BluDemocracy's sole discretion. You certify and warrant that any Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the BluDemocracy online store Web site, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the BluDemocracy online store Web site Privacy Policy.

Content Available On The BluDemocracy Online Store Web Site

The BluDemocracy online store Web site and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the BluDemocracy online store Web site (all of these things are commonly referred to as Content) are owned exclusively by BluDemocracy or others that have licensed their material to BluDemocracy. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using the BluDemocracy online store Web site are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in this Terms of Use are reserved by BluDemocracy (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as Trademarks) that appear on the BluDemocracy online store Web site are owned by BluDemocracy or others that have licensed their use to BluDemocracy. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to BluDemocracy for which money damages would be inadequate and in such event BluDemocracy will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Policy On Emailing, Blogging, Chatting

The BluDemocracy online store Web site may include use of an email or blog hosting account or emailing, blogging, chatting, or message board activity (individually and collectively Email/Blog/Chat Services). Your use of the Email/Blog/Chat Services is subject to these Terms of Use.

You understand that BluDemocracy is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Email/Blog/Chat Services, and that your use of the Email/Blog/chat Services is at your own risk. Any and all Email/Blog/Chat Services are provided AS IS and AS AVAILABLE and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

BluDemocracy is in no way liable for any claims arising from your use of any Email/Blog/Chat Services. As a condition of your use, you agree to indemnify BluDemocracy for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog/Chat Services. BluDemocracy reserves the right, in their sole discretion and at any time: to modify or discontinue the Email/Blog/Chat Services; to limit, terminate or suspend your use of the Email/Blog/Chat Services; and to assess charges for the use of the Email/Blog/Chat Services in the future.

Warranty Disclaimer

BLUDEMOCRACY AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE BLUDEMOCRACY ONLINE STORE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. BLUDEMOCRACY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL BLUDEMOCRACY, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLUDEMOCRACY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BLUDEMOCRACY WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE BLUDEMOCRACY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BLUDEMOCRACY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLUDEMOCRACY OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLUDEMOCRACY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLUDEMOCRACY WEB SITE. In no event will BluDemocracy's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the BluDemocracy services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors, BluDemocracy.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BluDemocracy.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BluDemocracy.com shall immediately issue a credit to your credit card account in the amount of the charge.

Customer Service

BluDemocracy may provide information about how to use the BluDemocracy online store Web site. If you have any questions about the BluDemocracy online store Web Site or any problems that you would like to report, please submit your question to customer service online at info@BluDemocracy.com.

Technical Requirements

In order to use the BluDemocracy online store Web site, we recommend the hardware and software specified below. BluDemocracy is not responsible for any failure to operate the BluDemocracy online store Web site resulting from you not using the recommended hardware and software.

PC:

  • Pentium III 700 MHz or higher
  • Windows XP or higher
  • Minimum 100 MB available hard drive space
  • Minimum 256 MB of RAM

Mac:

  • G4 Processor or higher
  • Mac OSX 10.3 or higher
  • Minimum 100 MB available hard drive space
  • Minimum 256 MB of RAM

Termination And Restriction Of Access

BluDemocracy reserves the right, in their sole discretion, to terminate your access to the BluDemocracy online store Web site or any portion thereof at any time, without notice. BluDemocracy may also terminate or suspend your access to the BluDemocracy online store Web site for breach of this Terms of Use.

General

These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A. in all disputes arising out of or relating to the use of the BluDemocracy Web Site. BluDemocracy makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BluDemocracy as a result of these Terms of Use or use of the BluDemocracy online store Web site. BluDemocracy may assign these Terms of Use, in whole or in part, at any time. BluDemocracy's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of BluDemocracy's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the BluDemocracy Web Site or information provided to or gathered by BluDemocracy with respect to such use. You agree to indemnify and hold BluDemocracy, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys; fees, asserted by any third party due to or arising out of your use of or conduct on the BluDemocracy Web Site. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy, the Acceptable Use Policy, the Purchasing Terms, constitute the entire agreement between you and BluDemocracy with respect to the BluDemocracy Web Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BluDemocracy with respect to the BluDemocracy Web Site. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

All contents of this Web site are: Copyright (c) 2011 by Sustain Brands, LLC. All rights reserved.

The BluDemocracy trademarks and service marks are the property of Sustain Brands, LLC. The company, product, and brand names of companies, products and services mentioned herein or on this Web site may be the trademarks and service marks of their respective owners.

BluDemocracy may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter, including the Web pages that are part of BluDemocracy.. Except as expressly provided in these Terms of Use, the provision of BluDemocracy and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.