TERMS AND CONDITIONS
Welcome to 3Bluetin (“3Bluetin”, “the Site”, “We”). These terms and conditions (“Terms”) govern your access to and use of this website, applications and various online tools and services (“Services”) that 3Bluetin makes available to all site visitors and registered users of 3Bluetin’s Services (“Users”, “You”). These Terms apply to all Users of the Site.
- Users’ Responsibilities:
Minors may not use 3Bluetin’s Services. You must be at least 18 years old to use 3Bluetin and create an account. By registering to use 3Bluetin, you represent that you meet these age requirements. 3Bluetin Users are solely responsible for determining the identity and suitability of others who you may contact by means of this Site. 3Bluetin Users are solely responsible for their interactions with other Users. This includes the responsibility to settle any disputes with any other Users. 3Bluetin will not be responsible for any damage or harm resulting from your interactions with other Users. 3Bluetin reserves the right, but has no obligation, to monitor interactions and disputes between Users and to take any other action in good faith to restrict access to or the availability of any material that we or another User may consider obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable.
From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made. If you do not agree to any of the terms and conditions set forth herein, you may not use this Service.
- 3Bluetin’s Responsibilities to Users:
3Bluetin is merely an application through which Users can communicate in a simple and easy manner through a physical proximity based communication system using their smartphones.
3Bluetin has no obligation to post any content from any User. In addition, we may, in our sole discretion, edit, remove, or delete any content that Users post or submit.
- 3Bluetin’s User Accounts:
We make this Service available for use by the general public, subject to these terms and conditions. When you use this Service for any purpose, you will be asked for your name, address, email address, phone number, Facebook or other social media credentials and other information to identify yourself and you will be given the option to create a 3Bluetin User account. In order to access and use the Service, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited.
When you create an account with 3Bluetin, you will need to choose a password to access the
3Bluetin Services. You are responsible for maintaining the confidentiality of your password.
Keep your password in a secure place and do not allow any unauthorized persons access to your password. If you become aware of any unauthorized use of your password or other security breach, notify 3Bluetin immediately.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (1) Terminate your access to our Services; (2) Deactivate or delete any of your accounts and all related information and files in such accounts; and (3) Bar your access to any such files or services.
Users will make payments by credit card to 3Bluetin through the App Store or through other online payment methods. These payment schedules are subject to change at any time at the sole discretion of 3Bluetin.
INFORMATION ON WEBSITE AND APPLICATIONS: Any information; ideas or opinions posted by Users of the 3Bluetin Service or website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website/applications, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or
content you agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- Infringe the rights of any person or entity;
- Harass, defame, intimidate or threaten another user;
- Interfere with another user’s rights to privacy;
- Register for more than one User account or register for an account on behalf of an individual other than yourself;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
- Use Scripts to collect information or otherwise interact with the Services or the
- Advertise or sell any goods or services; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
- PARTNER SERVICES: Our website and applications may provide links to third-party websites or services and may link you automatically to sponsors’ or third party’s websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
- PROPRIETARY RIGHTS
- Users’ Content: You own all your content provided by you in connection with your use of this Service (collectively, “Your Content”). You hereby grant to
3Bluetin a nonexclusive, royalty-free transferable, fully paid-up world-wide
license to use, copy, display, transmit, publish and distribute Your Content for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize 3Bluetin to include Your name and likeness in a press release, case studies or other announcements and on the 3Bluetin Site and Applications. 3Bluetin obtains no other right, title or interest in Your Content except as set forth herein.
- 3Bluetin’s Material: 3Bluetin and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by 3Bluetin pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures,
sound, graphics, logos, marks, symbols, video, visual, oral or other digital material
and any other content of any description, provided by 3Bluetin pursuant hereto.
- TRADEMARKS: The names “3Bluetin”, “[http://3bluetin.com]”, “Whoozini”, 3Bluetin or Whoozini logo and any other product and service names that we may present on the Site and applications from time to time may not be used in connection with any product or service that is not 3Bluetin’s, nor in any manner that is likely to cause confusion, nor in any way that may disparage or discredit 3Bluetin’s other trademarks, service marks or logos that appear on the Site, in Applications, or anywhere the 3Bluetin service is rendered. In particular (but not exclusively), those trademarks belonging to non-profits registered with
3Bluetin are the property of their respective owners and may be subject to additional
restrictions as to their use. They must not be used without the express permission of both
3Bluetin and the trademark owner.
- COPYRIGHT: All content on this Site and Applications is owned by 3Bluetin, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services’ content is permitted without the express prior permission of 3Bluetin, and,
where applicable, the copyright holder. Inquiries and permission requests may be sent to
- REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
- Use of this Service is at your sole risk. 3Bluetin provides the tools, the Site, the Applications, and the services on an “As Is”, “As Available” basis. 3Bluetin does not check any User’s background or record. If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission. Each party represents and warrants that it shall use 3Bluetin’s applications in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes.
- 3Bluetin does not warrant that:
- Our Services will meet your requirements;
- Our Services will be uninterrupted, timely, secure, or error-free;
iii. Any information that you may obtain through our services will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations; or
- Any errors in any data or software will be corrected.
- TO THE EXTENT PERMITTED BY LAW, 3BLUETIN EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
- Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Content, have collected Your Content in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS
FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
- Indemnity by 3Bluetin. 3Bluetin agrees to indemnify, defend and hold harmless You and (if applicable) Your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the 3Bluetin Materials (i) violate or infringe the Intellectual Property Rights of such third party or (ii) violates any applicable law, rule or regulation.
- Your Indemnity. You agree to indemnify, defend and hold harmless 3Bluetin and its officers, directors, vendors, partners, employees, agents, successors and
assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by 3Bluetin or
Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains
material that constitutes, libel, defamation or an invasion of privacy or (B) fraud
or misrepresentation by You in connection with Your status as a non-profit entity.
- (c) Procedures. A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.
- Remedies. This Section 11 states each party’s entire obligation to the other party and such other party’s sole remedy with respect to any claim of infringement.
- LIMITATIONS ON LIABILITY:
- 3Bluetin’s liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to
- The actual direct damages incurred by You, in an amount not to exceed the total revenue received by 3Bluetin resulting from your use of the Service provided hereunder during the most recently preceding 12-month period; or
- Your discontinuance of any further use of such items or the Services. b. 3Bluetin shall not be liable for:
- Damages caused by Your failure to perform Your responsibilities;
- Claims or demands of third parties (other than those third party claims covered by Section 10); or
iii. Any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if 3Bluetin has been advised of the possibility
of such damages.
- The foregoing limitations shall not apply to:
- The payment of settlements, costs, damages and legal fees referred to in
Section 11; or
- Your obligation to pay amounts owed as compensation for the services hereunder.
- Notwithstanding the foregoing, to the maximum extent permitted by law, 3Bluetin disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if 3Bluetin has been advised of the possibility
of such damages) arising out of:
- Your use of the 3Bluetin Site, Applications and Services, or your inability to do so, or any goods and services in any way associated with this Service and the services thereunder;
- Harm or damage to your property as a result of using our Services;
iii. Any harm to you caused in whole or part by a third party, including but not limited to another User of the Services;
- Your or anyone else’s conduct or acts in connection with the use of the Services, including without limitation from interactions with other users of our Services or persons introduced to you by our Services, whether online or off-line;
- Your reliance on any content provided on the Service or through the services provided thereunder; and/or
- Disclosure of, unauthorized access to, or alteration of Your Content. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.
- FORCE MAJEURE: Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from
further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
- TERM AND TERMINATION: Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by 3Bluetin or (ii) your ceasing to use the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14, 15 and 17 shall survive any termination or expiration of these terms and conditions.
- USER CONDUCT: You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and 3Bluetin’s tools and services.
- The information we collect from you as a site visitor: 3Bluetin collects information about the Internet Protocol (IP) addresses of all visitors to our site and application. An IP address is a number assigned to your computer automatically when you use the Internet. This information is only collected in aggregate (in
other words, we are not able to monitor your individual usage of the site) and helps us monitor site traffic patterns in order to improve our service.
from a web site’s computers and stored on your computer’s hard drive. Most browsers will automatically accept cookies. You can set your browser to reject
cookies but some parts of the web site may not function properly if the cookies are rejected.
- The information we collect from you when you make a payment: If you utilize
3Bluetin’s applications and make payment through this site, we collect your first and last name, credit or debit card details (including card type, card number and expiry date) and billing address. We will only use your payment details for the purpose of processing your billing via our payment partners.
- Email newsletters and notifications from 3Bluetin: We will send you email newsletters and notifications; however you can opt-out at any time as all
newsletters from 3Bluetin include the option to unsubscribe and notifications can be adjusted in the Service’s settings.
- Security precautions to protect your information: The transfer of online transaction data to and from the web site is protected by… [please designate financial security information here]
- Share-this-page Services or Social Media: When you provide a friend’s email address for 3Bluetin. We will use the friend’s email address only to invite the friend to the site. We guarantee that we will only use your friend’s address for this purpose, unless the friend registers as a user of the site.
- Legal Process: 3Bluetin may be forced by law to provide personally identifiable information to the appropriate authorities.
These terms and conditions will be governed by and construed in accordance with the laws of Missouri, without reference to its conflicts of laws rules. Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. Except to the limited extent set forth in Section 1(b) above, neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without
3Bluetin’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and everything herein.