Blue Cottage Consulting, Inc. Digital Media User Agreement
This Digital Media User Agreement is between You and Blue Cottage Consulting, Inc. Anyone who visits or participates in any of the interactive features of the website, “bluecottageconsulting.com,” agrees to be bound by the following terms and conditions:
This Agreement governs your use of the Blue Cottage Consulting, Inc. information Services (referred to as “the Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this Agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this “Agreement.”
Blue Cottage Consulting, Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Blue Cottage Consulting, Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
The Service is not directed to children under the age of 13. Blue Cottage Consulting, Inc. complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever Blue Cottage Consulting, Inc. collects data within the Service, such as during the registration process.
When you accept the terms and conditions of this Agreement – you represent that you are at least 18 years of age (or have reached the age of legal majority wherever you live).
2. Ownership of Content and Restrictions on Use
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Blue Cottage Consulting, Inc. or third parties. All Content on the Service is copyrighted as a collective work of Blue Cottage Consulting, Inc. pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.
You agree that you will use the Content only for your personal, noncompetitive, noncommercial purposes.
You may download or copy the Content for your own personal, noncompetitive, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Blue Cottage Consulting, Inc. or the owners of such Content or their authorized persons, if other than Blue Cottage Consulting, Inc. You may download from the Service any Content in the public domain for your own personal use or for noncompetitive, noncommercial redistribution.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
3. Content You Own and License to Use
You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. By posting or submitting any material (including, without limitation, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.
You agree to grant to Blue Cottage Consulting, Inc., and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, without compensation to you. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, Service mark or patent laws under any relevant jurisdiction.
You represent and warrant that you are authorized to grant all rights set forth in this section.
4. Third Party Content
The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Blue Cottage Consulting, Inc. is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Blue Cottage Consulting, Inc. does not represent or endorse the accuracy or reliability of any Content posted by users on any Interactive Area. You agree that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users represents the views of the user posting the statement, and does not represent the views of Blue Cottage Consulting, Inc..
Blue Cottage Consulting, Inc. has no obligation to monitor Content, and does not and cannot review all of the Content, posted by users on the Service. However, Blue Cottage Consulting, Inc. reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. Blue Cottage Consulting, Inc. shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. Rules of Conduct
Users of the Service are provided with the opportunity to comment on the Content, communicate with each other, and share information with the internet community. You agree that your use of any Interactive Feature of the Service, Blogs, Forums, or Comments, will not:
(i) violate any local, state, federal, or international law;
(ii) violate the rights of others, or infringe any copyright, trademark, patent, trade secret or violate any right of privacy or publicity;
(iii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) intentionally or maliciously interfere with or manipulate the successful operation of the Service, its servers or networks;
(v) post material or information that is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening;
(vi) post, upload, or transmit any material, software or information that is meant to advance any type of financial scam;
(vii) post, upload, or transmit any material, software or information that advertises, promotes, or offers to sell/trade any goods or Services, except in areas of the Service that have been specifically designated for such purposes;
(viii) post, upload, or transmit any material, software or information that links to or contains a virus or any other malicious script/program that is meant to cause any amount of disruption or damage to other computers, the Service or its servers and network;
(ix) restrict or, in any way, inhibit any other user from enjoying or using the Service.
6. Termination of Service
Blue Cottage Consulting, Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, at any time for any reason without prior notice or liability. Blue Cottage Consulting, Inc. may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Discussion Areas), without prior notice or liability.
You agree that you assume all risk related to your use of the Service.
Blue Cottage Consulting, Inc. shall have no liability to you or any third parties allegedly arising out of your use of the Service.
To the greatest extent permitted by law, you agree to indemnify and hold Blue Cottage Consulting, Inc. and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the Parties) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and defense costs) incurred by any Blue Cottage Consulting, Inc. Party in connection with any use or alleged use of the Service by any person, whether or not authorized by you. Blue Cottage Consulting, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Blue Cottage Consulting, Inc.’s defense of such claim.
8. Disclaimer of Warranties
The Service and the Content are distributed on an “As is, as available” basis. Blue Cottage Consulting, Inc. expressly disclaims any warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, with respect to the Service or the Content. Blue Cottage Consulting, Inc. makes no warranty that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features, nor that the Service will be uninterrupted or error free, nor any warranty as to the results to be obtained from use of the Service or the Content.
9. Personal Information
The Service may collect from you personally identifying information with your specific knowledge and consent. For example, you may be asked to register to use certain interactive features of the Service, and may be asked to provide your name, email address, or other personally identifying information.
Our servers may also collect information about your computer when you visit the website or use the Service, such as your internet protocol address.
We collect information about you only for the purpose of enabling us to provide the website services you have requested. When someone who is not an employee of Blue Cottage Consulting, Inc. asks for your identity, we usually will decline. We reserve the right to identify you in the event you breach the terms and conditions of this User Agreement. We will also comply with a valid subpoena seeking information that would identify you or lead to your identity. If we are served with a valid subpoena compelling us to identify you, we may advise you of the subpoena before we comply with it, but we reserve the right to comply with the subpoena without notifying you. Blue Cottage Consulting, Inc. also reserves the right to disclose any information in compliance with any local, state, or federal law, regulation or by any governmental request. International users beware that data for this service is stored in the U.S., and is not subject to the privacy laws of any foreign jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Michigan, and the parties irrevocably consent to bring any action to enforce this Agreement in The United States District Court for the Eastern District of Michigan, headquartered in Detroit, Michigan, and The Michigan One Court of Justice, located in Lansing, Michigan.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
Section 7. Indemnity shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.