Terms And Conditions
Last Updated: August 25, 2015
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A BLUE SKYE SITE OR BLUE SKYE SERVICE.
Welcome to the Internet websites of Blue Skye Entertainment Limited (“Blue Skye”), a company registered in England and Wales under company number 09641652 with its registered office at c/o McCarthy Tetrault, 26th Floor, 125 Old Broad Street, London EC2N 1AR, United Kingdom.
If you do not agree with these Terms and Conditions, you may not use a Blue Skye Site or any of the Services on a Blue Skye Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of a Blue Skye Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.
2. SITE REGISTRATION AND SECURITY
Certain of the services and related features that may be made available on a Blue Skye Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Blue Skye Site and (b) all activities that occur under such password or account. Further, you agree to notify us as soon as possible as soon as you become aware of any unauthorized use of your password or account. Blue Skye shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
3. SITE CONTENT
a. Restrictions on Use of Materials
All material, information and content (collectively “Content“) available on a Blue Skye Site, including without limitation the manner in which such Content is presented, and the Blue Skye Services are owned by Blue Skye, its affiliates and/or licensors and all rights are reserved. The Content and the Blue Skye Services (and the intellectual property rights contained therein) are protected by U.K. and international copyright laws and treaty provisions. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the Content obtained through a Blue Skye Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Blue Skye.
Love Nature and all associated designs and logos are used under license. All other product, brand and company names and logos used or mentioned on a Blue Skye Site or any Blue Skye Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a Blue Skye Site or any Blue Skye Service without the express written consent of the owner of the trade-mark is strictly prohibited.
Please note that certain links on a Blue Skye Site may take you to other websites. Blue Skye provides these links only as a convenience and not as an endorsement by Blue Skye. These linked sites are not necessarily under the control of Blue Skye If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Blue Skye is not responsible for the content of any such linked sites or any other web page which is not part of a Blue Skye Site and under Blue Skye’s control. Unless otherwise expressly provided, Blue Skye makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Blue Skye will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Blue Skye Site.
You may link to the pages on our sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and our sites must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
4. SITE CONDUCT
a. Legal Compliance and Monitoring
b. Prohibited Conduct
You agree not to:
a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a Blue Skye Site or any Blue Skye Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a Blue Skye Site, any Blue Skye Service or the Internet;
b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
e) misuse or attach a Blue Skye Site, or attempt to gain unauthorised access to a Blue Skye Site, the server on which a Blue Skye Site is stored or any server, computer or database connected to a Blue Skye Site
c. Forum Conduct
By uploading materials to any chat board or forum available on a Blue Skye Site (collectively “Forums”) or otherwise submitting any materials to us through any other content generating or submitting service on a Blue Skye Site, you automatically grant (or warrant that the owner of such materials expressly grants) Blue Skye a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
Blue Skye is not responsible for the content or accuracy of any information on the Forums, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum, or do not comply with the these Terms and Conditions. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Blue Skye reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
d. Third Party Dealings
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Blue Skye Site or any Blue Skye Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Blue Skye assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. SUBMISSION OF IDEAS OF CONTENT
Blue Skye is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Blue Skye be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Blue Skye, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Blue Skye that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Blue Skye is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Blue Skye, without obtaining permission or license from you or any third party.
6. SUBSCRIPTION SERVICES
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor under the age of 18 to use a Blue Skye Site or any Blue Skye Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Blue Skye Site may contain material that is inappropriate for minors.
a. General Disclaimer
You expressly understand and agree that: (a) a Blue Skye Site and any Blue Skye Service are provided on an “as is” and “as available” basis and that Blue Skye makes no warranties, representations or conditions (together referred to as “warranties”) of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed to the maximum effect permitted by law, and (b) Blue Skye specifically makes no warranties that a Blue Skye Site or any Blue Skye Service, including without limitation any content, information, products or services obtained from or through the use of a Blue Skye Site or any Blue Skye Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.
b. Professional Information Disclaimer
The Blue Skye Sites may make available certain information provided by third parties related to various professional fields (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a Blue Skye Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Blue Skye, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Professional Information.
10. LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit any person’s liability for death or personal injury caused by its negligence, or any person’s liability for fraud.
SUBJECT TO THE FOREGOING IN THIS CLAUSE 11, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUE SKYE, INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BLUE SKYE HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE BLUE SKYE SERVICES OF A BLUE SKYE SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A BLUE SKYE SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Blue Skye has entered into this agreement, and has or may make a Blue Skye Site, Content and Blue Skye Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Blue Skye You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
You agree to defend, indemnify and hold harmless each of Blue Skye, its shareholders, affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Blue Skye Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Blue Skye Site, Blue Skye Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Blue Skye Site or through any Blue Skye Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that Blue Skye, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Blue Skye Site or any Blue Skye Service, and remove and discard any information or content related to a Blue Skye Site or any Blue Skye Service (and your use thereof), for any reason, including where Blue Skye believes that you have violated any of these Terms and Conditions. You further agree that Blue Skye shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Blue Skye Site or any Blue Skye Service or with any terms, conditions, rules, policies, guidelines, or practices of Blue Skye in operating a Blue Skye Site or any Blue Skye Service, your sole and exclusive remedy is to discontinue using a Blue Skye Site or any Blue Skye Service.
To contact Blue Skye in connection with these Terms and Conditions or the Blue Skye sites, write to us at:
Blue Skye Entertainment Limited
1 Fore Street
London EC2Y 5EJ
15. GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Blue Skye and you pertaining to your use of a Blue Skye Site, a Blue Skye Service and Content and supersedes any prior agreements between you and Blue Skye with respect to the subject matter hereof. Blue Skye’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.