Terms of Service for Blue Kangaroo, ChoozOn Corporation

Welcome to Blue Kangaroo!

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.

BY USING, ACCESSING OR VISITING THE CHOOZON WEBSITE AND/OR THE BLUE KANGAROO WEBSITE, CURRENTLY LOCATED AT WWW.BLUEKANGAROO.COM, OR ANY PRODUCTS, SOFTWARE, DATA, CONTENT OR SERVICES PROVIDED ON, FROM, OR THROUGH CHOOZON AND/OR THE BLUE KANGAROO WEBSITE (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO ABIDE BY, AND INDICATE YOUR ACCEPTANCE TO, THESE TERMS OF SERVICE, AS WELL AS OUR PRIVACY POLICY, AVAILABLE ON OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, THEN DO NOT USE THE SERVICE.

ChoozOn may, in its sole discretion, from time to time, modify or revise these Terms of Service or the Privacy Policy without notice, and you agree to be bound by such modifications or revisions. It is your responsibility to review these Terms of Service and the Privacy Policy for any changes. The most current version of these Terms of Service and the Privacy Policy can be viewed at our website. Your use of the Service following any amendment of these Terms of Service and/or the Privacy Policy will signify your assent to and acceptance of the revised terms.

Eligibility to Use the Service

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.

Ownership

  1. The Service and any text, images, graphics, sounds, music, videos, audiovisual presentations, data, and other materials which are available on or through the Service (the "Content") may be protected by intellectual property and other laws of the United States and foreign countries. Except as expressly provided, ChoozOn and its licensors reserve all right, title and interest in and to the Service and the Content, including all associated intellectual property rights.
  2. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Content.
  3. We reserve the right, in our sole discretion, to modify, discontinue or terminate any part of the Service or the Content at any time without prior notice. You agree that we shall not be liable to you or any third party for any such modification, discontinuance or termination. In addition, we reserve the right to terminate your access to any part of the Service or the Content for any reason at any time.

Your Use of the Service and the Content

ChoozOn hereby grants you permission to access and use the Service and the Content, subject to these Terms of Service, provided that:

  1. You may access them for your information and personal use only, and solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
  2. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or the Content without ChoozOn's prior written authorization, unless to the extent ChoozOn makes available user interface features for sharing and/or the means for embedding any part of the Service or the Content.
  3. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or the Content, unless to the extent ChoozOn makes available user interface features for sharing and/or the means for embedding any part of the Service or the Content.
  4. Unless expressly permitted, if you use user interface features provided by ChoozOn for sharing any part of the Service or the Content, or if you embed any part of the Service or the Content, you may not alter, modify or block any portion or functionality of any part of the Service or the Content shared and/or the embedded part, including, without limitation, any advertising materials and any links back to the BlueKangaroo.com website.
  5. You agree not to access, or attempt to access, the Service or the Content through any automated means, including without limitation, robots, crawlers, spiders or offline readers.
  6. You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize a third party to do so.
  7. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof.
  8. You agree not to access, tamper with, or use non-public areas of the Service, ChoozOn's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of ChoozOn's providers.
  9. You agree not to use or access the Service or the Content for any commercial purpose, including, without limitation, the sale of advertising, sponsorships or promotions.

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.

Content You Submit to Us

If and to the extent that you elect to submit any Content to the Service:

  1. You agree that you are solely responsible for, and assume all liability and consequences regarding, the Content you submit.
  2. You hereby grant ChoozOn a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, copy, reproduce, alter, modify, create derivative works of, distribute, publish, display, perform, transmit, stream, broadcast or otherwise exploit the Content in connection with the Service and ChoozOn's (and its successors' and affiliates') business.
  3. You represent and warrant that you either are the sole and exclusive owner of all Content that you submit to the Service, or you have all rights, licenses, consents and releases that are necessary to grant to ChoozOn the rights in such Content as contemplated under these Terms of Service.
  4. You represent and warrant that neither the Content you submit to the Service nor your accessing, posting, submission or transmittal of such Content or ChoozOn's exploitation of such Content (or any portion thereof) pursuant to the rights granted to ChoozOn under these Terms of Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, or result in the violation of any applicable law or regulation.
  5. You agree not to submit Content that: (i) is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by ChoozOn in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code.

Feedback

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.

Links to Third Party Websites

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.

Warranty Disclaimer

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.

Indemnity

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.

Limitation of Liability

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.

Assignment

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.

General

These Terms of Service shall be governed by the laws of the State of New York without regard to its principles of conflicts of law. Each party expressly consents to the jurisdiction of the state and federal courts located in the State of New York to resolve any dispute arising from these Terms of Service and waives any defense of inconvenient or improper forum. These Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner. Notices delivered under these Terms of Service must be given in writing (such as, via email) and will be effective when received. These Terms of Service and our Privacy Policy hereby, supersede all previous communications, understandings and agreements (whether oral or written). The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ChoozOn's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Contact Us

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