Last Updated: January 10, 2019
YOU MAY NOT USE THIS SITE OR THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.
What about my privacy?
What defined terms should I know when reading this Agreement?
The following terms shall have the meanings specified or referred to below. Defined terms may be used either with the first letter(s) capitalized or with the first letter(s) in lowercase.
“Site” means this website and includes all web, mobile, and versions hereof, and any other websites owned or operated by BluHorn that are linked or referenced within this Site, or used to access or use the Services.
“Services” means all software, applications, programs, services, information, data, personal information, and other content made available for Your use via the Site along with any input, information, data or content stored, processed or otherwise contained therein and any other services or features offered in connection with any of the foregoing, and includes the internet-based media software integrated suite of tools offered through the Site.
“Us,” “We,” or “Our” means BluHorn.
“You” or “Your” means any person, business or entity using the Site or Services.
How may I use the Services and the Site?
Your use of the Site or Services may require You to login or maintain a user account, which may be owned, controlled or issued by a third party with whom You have a relationship. Your relationship with any such third party is subject to a separate written agreement between You and such third party, and BluHorn is not a party to or bound by any such agreements.
You must provide true, accurate, and current information, and maintain and update this information and ensure that it remains true, accurate, and current. You consent to receive personalized emails, telephone calls and other communications from BluHorn.
You agree to, at all times, comply with all applicable laws, regulations, restrictions and rules in connection with accessing and using the Site and Services, including all laws, regulations, restrictions and rules involving private data and applicable export controls. In particular, You will not use this Site or the Services in any country in any manner prohibited by the United States Export Administration Act or any other export laws, regulations, restrictions and rules. You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan and North Korea) and that You are not otherwise prohibited from using the Site or the Services in any manner under any export laws, regulations, restrictions and rules.
You will not use the Site or Services for any illegal purpose or in violation of any law or regulation, or to transmit, receive, download, upload or solicit: (a) any of Your Data (as defined below) or other materials which may violate any copyright, trade secret, trademark, service mark or any other intellectual property rights or rights of privacy or publicity of any person or entity; (b) any of Your Data or other materials containing any destructive or interfering programs, applications, or instructions; or (c) any of Your Data or other materials which may subject You or BluHorn to civil or criminal liability.
You agree to abide by all copyright and other restrictions placed on any data, information or content available via the Services including any material or data compilations where BluHorn or others hold the copyright or other intellectual property or proprietary rights.
What do the Services cost?
What activities are prohibited?
How may BluHorn terminate my use of the Site or Services?
Will BluHorn provide updates to the Services?
BluHorn may maintain, correct and modify, and may upgrade and update the Services (collectively, “System Updates”); provided, however, that the nature, substance, content, timing, manner and release of System Updates, if any, shall be in the sole and absolute discretion of BluHorn. System Updates may reduce the features, services or functionality of the Site and Services. System Updates shall be included within and as part of the Services. System Updates may also reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Resources. System Updates may also include additional features, functionality or services that may be subject to additional fees and charges.
What happens if this Agreement is terminated?
Upon termination, cancellation or expiration of this Agreement for any reason whatsoever: (a) Your right to access and use the Services shall immediately, automatically, and without notice, be revoked; (b) You shall immediately cease all access to and use of the Services and all Confidential Information; (c) You shall return to BluHorn all Confidential Information; (d) BluHorn shall have the right to terminate and deny You access to and use of the Services immediately and without notice. The obligations set forth in this Agreement which, by their nature, are intended to survive, shall survive the termination, cancellation or expiration of this Agreement for any reason whatsoever. Such surviving obligations include, without limitation, obligations with respect to Confidential Information, protection of PII and data, and obligations of indemnity.
What rights do I have in my data?
You shall own or have all necessary rights to all information, data, text, images, audio, video, photographs, and any other content or materials that You upload to the Site or the Services (collectively, “Your Data”). The term “Your Data” does not include the Services, Third Party Resources (as defined below), the BluHorn Intellectual Property (as defined below), or any other BluHorn products or services, or any derivative works thereof. You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Data, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Data, or from Your use of the Site or Services. You hereby grant to BluHorn a non-exclusive, worldwide, royalty-free, perpetual, sublicensable license and right to host, use, process, reproduce, display and transmit Your Data to provide the Services and for any other purposes whatsoever, whether or not related to BluHorn’s performance of the Services or to this Agreement. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Data, and for obtaining all rights related to Your Data required by BluHorn to perform the Services. The term “Third Party Resources” means all software, hardware, network, applications, data, data feeds, information, application programming interfaces (APIs), text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of BluHorn that You may access or use through, within, or in conjunction with the Services.
Notwithstanding any provision of this Agreement to the contrary, You acknowledge and agree that: (a) BluHorn will have access to and will collect and retain data and information input and output however processed by the Site and Services, including all of Your Data and all transactions and processing of that data and information (the “Collected Data”); (b) the Collected Data will be used and disclosed by and to BluHorn and others for commercial and resale purposes that include, without limitation, selling and disclosing to third parties individual, specific and aggregated data, information and reports, unless otherwise restricted by applicable law; and (c) BluHorn will not, and nothing in this Agreement obligates BluHorn to, keep Collected Data, including Your Data, confidential or protected.
Does BluHorn monitor the Services?
How is information kept confidential?
Am I responsible for reviewing information?
Information published and disseminated by BluHorn or the Services is communicated without review, editing or change by BluHorn, as provided to the Site, Services or BluHorn by You or third parties. BluHorn has no obligation to verify the information provided and disclaims any responsibility for its accuracy and You use the same at Your own risk. You agree to defend, indemnify and hold harmless BluHorn and its employees, officers, agents, and directors from and against any liability arising from any inaccuracy or inadequacy of the information You provide.
What is BluHorn’s Intellectual Property?
Do I receive any warranties from BluHorn?
BLUHORN RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE OR SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE.
WHAT ARE THE LIMITS AND EXCLUSIONS ON LIABILITY AND DAMAGES?
What indemnities do I make to BluHorn?
How and where will disputes be resolved?
AM I WAIVING RIGHTS TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL?
How does BluHorn cooperate with Law Enforcement?
May I transfer this Agreement?
How do I contact or send notice to BluHorn?
BluHorn may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on the Site or in the Services, as determined by BluHorn in our sole discretion. BluHorn reserves the right to determine the form and means of providing notifications to You. BluHorn is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address You provide us. All notices, requests or demands to BluHorn shall be delivered in writing and shall be deemed given only if delivered personally or sent via overnight delivery to BluHorn’s mailing address set forth above. Any legal notice sent by You to BluHorn must also be emailed to [email protected]
What other terms and conditions apply to this Agreement?