Terms and Conditions of Use of this Web Site and the Application

Ownership of Site and Application; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Deluxe web site located at www.pocketBLU.com, and all associated sites linked to www.pocketBLU.com by Deluxe, its subsidiaries and affiliates, including Deluxe sites around the world (collectively, the “Site”) as well as Deluxe’s pocket BLU application (the “Application”) as downloaded by you to a Wi-Fi enabled or other wireless device including, without limitation, a mobile phone. The Site and the Application are hereinafter referred collectively to as the “Deluxe Offering.” The Deluxe Offering is the property of Deluxe Digital Studios, Inc. (“Deluxe”) and its licensors. Please read these Terms of Use which apply to all users of the Deluxe Offering before accessing, browsing and/or using the Deluxe Offering. When you access, browse or use the Deluxe Offering, you agree to and accept these Terms of Use without limitation or reservation.

Any and all third party web sites, content or applications (other than Deluxe-affiliated sites and applications) linked to or from the Deluxe Offering (hereinafter the “Linked Media”) are independently operated and maintained by such third parties and are not under the control and/or supervision of Deluxe. Access and use of any Linked Media shall be subject to the terms and conditions stipulated by the operator of the Linked Media. Deluxe is not responsible for the accuracy or reliability of the information on those sites, even if the link is provided on the Deluxe Offering as a convenience. Deluxe is not responsible for any loss or damage, however caused, in connection with the use of any Linked Media, and your access to any Linked Media shall be at your own risk. Nothing contained in the Deluxe Offering shall be interpreted as a recommendation and/or endorsement by Deluxe of the contents of the Linked Media and any products and/or services appearing on and/or provided through such Linked Media.

Deluxe reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Deluxe Offering following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Deluxe grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Deluxe Offering in accordance with the terms and conditions set forth herein.

License and Access
Deluxe grants you a limited license to, browse and make personal use of the Deluxe Offering and, with regard to the Application only, to download it, but not, under any circumstance, to modify it, or any portion of it, except as expressly permitted in these Terms of Use or with the express written consent of Deluxe. This license does not include, and you are prohibited from, any resale or commercial use of the Deluxe Offering or the Content (as defined below); any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Deluxe Offering or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, deep-link, page-scrape, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Deluxe Offering or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Deluxe Offering or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Deluxe Offering. The Deluxe Offering, or any portion of the Deluxe Offering, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited by you for any commercial purpose without express written consent of Deluxe.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Content, images, text, page layout, or form) of Deluxe without Deluxe’s express written consent. You may not use any meta tags or any other "hidden text" utilizing Deluxe’s name or trademarks without the express written consent of Deluxe. You may not attempt to gain unauthorized access to any portion or feature of the Deluxe Offering, or any other systems or networks connected to the Deluxe Offering or to any Deluxe server, or to any of the services offered on or through the Deluxe Offering, by hacking, password “mining” or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Deluxe Offering or any transaction being conducted on the Deluxe Offering, or with any other person’s use of the Deluxe Offering. You may not use the Deluxe Offering or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Deluxe or others.

Any unauthorized use terminates the permission or license granted to you by Deluxe herein.

Content
All content included on the Deluxe Offering , such as text, graphics, logos, button icons, user interfaces, visual interfaces, images, audio clips, music, video, artwork, digital downloads, trademarks, logos, data compilations, and software (collectively, “Content”) is the property of Deluxe or its content suppliers and protected by United States and international copyright laws and various other intellectual property rights. The compilation of all Content and all software used on or as part of the Deluxe Offering is the exclusive property of Deluxe or its suppliers and is protected by United States and international copyright laws and various other intellectual property rights. The Content includes, without limitation, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content as contained on the Deluxe Offering and the same is owned, controlled or licensed by or to Deluxe, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no portion of the Deluxe Offering and no Content, downloadable files, images, or other data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any form, or by any means, without prior written approval of Deluxe.

Personal Information
Deluxe may, in addition to any other manner expressly set forth in these Terms of Use, share with third parties certain pieces of aggregated, non-personal information, such as the number of users who utilize a particular feature of the Deluxe Offering, for example, or how many users download certain Content. Such aggregated, non-personal information does not identify you individually, and consists of information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user.

Disclaimers
DELUXE AND/OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE DELUXE OFFERING. ALTHOUGH DELUXE ENDEAVORS TO PROVIDE ACCURATE INFORMATION IN THE DELUXE OFFERING AT THE TIME OF PUBLICATION, DELUXE CANNOT GUARANTEE THAT ANY OF THE INFORMATION PROVIDED IN THE DELUXE OFFERING IS COMPLETE, ACCURATE OR UP-TO-DATE. DELUXE AND/OR ANY OF ITS AFFILIATES MAY CHANGE THE CONTENTS OF THE DELUXE OFFERING, OR MAY SUSPEND OR DISCONTINUE THE PRODUCTS OR SERVICES REFERENCED IN THE DELUXE OFFERING AT ANY TIME WITHOUT NOTICE. DELUXE DOES NOT PROMISE THAT THE DELUXE OFFERING OR ANY CONTENT, SERVICE OR FEATURE OF THE DELUXE OFFERING WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DELUXE OFFERING WILL PROVIDE SPECIFIC RESULTS. THE DELUXE OFFERING AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE DELUXE OFFERING IS SUBJECT TO CHANGE WITHOUT NOTICE. DELUXE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE DELUXE OFFERING WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DELUXE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELUXE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DELUXE OFFERING, CONTENT AND/OR ANY DELUXE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DELUXE OFFERING AND ANY LINKED MEDIA. YOUR SOLE REMEDY AGAINST DELUXE FOR DISSATISFACTION WITH THE DELUXE OFFERING OR ANY CONTENT IS TO STOP USING THE DELUXE OFFERING OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU HEREBY ACKNOWLEDGE THAT THE DELUXE OFFERING MAY INCLUDE FEATURES AND FUNCTIONALITY THAT ALLOW THE DELUXE OFFERING TO INTERFACE, INTERACT OR OTHERWISE COMMUNICATE WITH CERTAIN ELECTRONIC DEVICES (INCLUDING, WITHOUT LIMITATION, BLU-RAY™ DVD PLAYERS) AND OTHER EQUIPMENT, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL USE SUCH FEATURES AT YOUR OWN RISK, AND THAT DELUXE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT TO ANY SUCH DEVICES AND/OR EQUIPMENT. FURTHERMORE, YOU ACKNOWLEDGE THAT THE DELUXE OFFERINGS INVOLVE NEW AND EVOLVING FORMATS, SPECIFICATIONS AND COMPATIBILITY ISSUES THAT MAY PRODUCE INCONSISTENT RESULTS WHEN ACCESSING OR USING THE DELUXE OFFERING.

Deluxe reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Deluxe Offering, or any portion of the Deluxe Offering, for any reason; (2) to modify or change the Deluxe Offering, or any portion of the Deluxe Offering, and any applicable policies or terms; and (3) to interrupt the operation of the Deluxe Offering, or any portion of the Deluxe Offering, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Deluxe be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Deluxe has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Deluxe is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Deluxe Offering or any Content, Deluxe’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Deluxe Offering paid by you to Deluxe in the six months prior to the date of your initial claim made against Deluxe, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Deluxe, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Deluxe by any third party due to or arising out of or in connection with your use of the Deluxe Offering.

Violation of These Terms of Use
Deluxe may disclose any information Deluxe has about you (including your identity) if Deluxe determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Deluxe Offering, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Deluxe’s rights or property, or the rights or property of visitors to or users of the Deluxe Offering, including Deluxe’s customers. Deluxe reserves the right at all times to disclose any information that Deluxe deems necessary to comply with any applicable law, regulation, legal process or governmental request. Deluxe also may disclose your information when Deluxe determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Deluxe may preserve any transmittal or communication by you with Deluxe through the Deluxe Offering or any service offered on or through the Deluxe Offering, and may also disclose such data if required to do so by law or Deluxe determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Deluxe, its employees, users of or visitors to the Deluxe Offering, and the public.

You agree that Deluxe may, in its sole discretion and without prior notice, terminate your access to the Deluxe Offering and/or block your future access to the Deluxe Offering, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Deluxe Offering or any service offered on or through the Deluxe Offering, (4) unexpected technical issues or problems; or (5) a determination by Deluxe that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Deluxe Offering. You agree that Deluxe will not be liable to you or to any third party for termination of your access to the Deluxe Offering as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
By visiting the Deluxe Offering, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Deluxe.

Void Where Prohibited
Deluxe administers and operates the Site from its location in Burbank, California USA; other Deluxe sites may be administered and operated from various locations outside the United States. Although the Deluxe Offering is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Deluxe Offering are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Deluxe reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Deluxe Offering is void where prohibited. If you choose to access the Deluxe Offering from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Deluxe with regard to your use of the Deluxe Offering, and any and all other written or oral agreements or understandings previously existing between you and Deluxe with respect to such use are hereby superseded and cancelled. Deluxe will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Deluxe’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Deluxe of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Deluxe and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information
Any feedback you provide at this Site shall be deemed to be non-confidential. Deluxe shall be free to use such information on an unrestricted basis.

Copyright © 2010 Deluxe Digital Studios, Inc. All rights reserved.

 

Open Source Code

The Site and the Application may incorporate and make use of certain open source code (the “Open Source Code”). All such Open Source Code is governed by the terms attributed to such Open Source Coe as set forth below, which terms shall be in addition to the Terms of Use governing your access to and use of the Site and the Application. In the event of a conflict between the Terms of Use and the terms set forth below, the terms set forth herein will govern but only with regard to the Open Source Code to which such terms expressly pertain; and the Terms of Use will govern in all other instances.

Stig Brautaset Open Source Code

Copyright © 2010 Stig Brautaset. All rights reserved.

Redistribution and use of the Stig Brautaset Open Source Code in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistribution of the Stig Brautaset Open Source Code in source code form must retain the above copyright notice, the terms and conditions set forth herein as well as the disclaimer set forth below.
  • Redistribution of the Stig Brautaset Open Source Code in binary form must the above copyright notice, the terms and conditions set forth herein as well as the disclaimer set forth below to be reproduced in the documentation and/or other materials provided with the distribution.
  • Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.