Please read these Terms of Service (“Terms of Service”) carefully. These Terms of Service are a legally binding agreement between you and ChoozOn Corporation (“ChoozOn” or “we”), the owner and manager of Blue Kangaroo™ services and content, and www.bluekangaroo.com website.
The Service is intended solely for persons who are at least 13 years old. Any access to or use of the Service by anyone under the age of 13 years is expressly prohibited. By using the Service, you represent and warrant that you are 13 years old or older. If you are under 13 years of age, please do not use the Service.
ChoozOn hereby grants you permission to access and use the Service and the Content, subject to these Terms of Service, provided that:
Notwithstanding the above, any Content that is made available in connection with the Service pursuant to the terms and conditions of third party licensors of such Content shall be licensed solely pursuant to such terms and conditions, and the above terms and conditions shall not apply to the extent inconsistent with or contrary to such third party terms and conditions.
If and to the extent that you elect to submit any Content to the Service:
We welcome and encourage you to provide feedback, comments and suggestions to us regarding the Service (“Feedback”). You hereby agree that all Feedback provided to us will be the sole and exclusive property of ChoozOn and you hereby irrevocably sell, convey, transfer and assign to ChoozOn all of your right, title, and interest in and to all Feedback, including, without limitation, all patent rights, copyright rights, trade secret rights, moral rights, and other intellectual property or proprietary rights therein, anywhere in the world. At ChoozOn’s request and expense, you will execute documents and take such further acts as ChoozOn may reasonably request to assist ChoozOn in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.
The Service and/or the Content contains links to third party web sites. These links are provided to you as a convenience, and ChoozOn is not responsible for the content of any linked website. ChoozOn does not endorse or accept any responsibility or liability for the content or use of such linked websites. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ChoozOn of that third party or of any product or service provided by a third party.
THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHOOZON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, IN CONNECTION WITH THE SERVICE, THE CONTENT, AND YOUR USE THEREOF. CHOOZON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE OR THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TIME-BOMBS, WORMS, CANCELBOTS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR THE CONTENT BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. CHOOZON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHOOZON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify, and hold ChoozOn, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) any Content you submit to the Service, (ii) your access to or use of the Service, or the Content, or (iii) your violation of these Terms of Service.
IN NO EVENT SHALL CHOOZON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CHOOZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL CHOOZON'S AGGREGATE LIABILITY ARISING OUT IN ANY WAY RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
These Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns, provided that you may not assign or transfer these Terms of Service, by operation of law or otherwise, without ChoozOn's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. ChoozOn may freely assign these Terms of Service.
If you have any questions about these Terms of Service, please contact ChoozOn at support@BlueKangaroo.com.
© Copyright 2012 ChoozOn Corporation
Last Updated: August 24, 2012