Legal

LAST REVISED: January 19, 2018

BY USING THE BLUESPRING SOFTWARE (“BLUESPRING”) WEBSITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE BLUESPRING WEBSITE.

Through this Bluespring website (“Site”), you have access to a variety of resources and content.  These include: (a) web pages, data, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, case studies and white papers (“Materials”); and (b) the Bluespring blog, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (Content is defined as Materials, and other information).  By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site (“Terms of Use”) and our Privacy Policy. Bluespring may revise the Terms of Use and Privacy Policy at any time without notice to you.  Revised Terms of Use and/or Privacy Policy will be effective when posted.

I. TERMS APPLICABLE TO SPECIFIC CONTENT AND AREAS OF THE SITE
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users) (collectively, “Other Terms”).  In case of inconsistency between the Terms of Use and the Other Terms, the latter will govern with respect to your access and use of that area of the Site or Content.

I. USE OF MATERIALS
Any Materials published by Bluespring through that Site that you download, store, display on your computer, view, listen to, play and print are subject to the following terms: (a) Materials may be used solely for personal, informational, non-commercial purposes; (b) Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.

II. THE BLOG AND OTHER FORUMS
Bluespring’s Blog (the “Blog”) and other forums accessible through the Site may be used by Site visitors subject to the following terms: (a) solely for your personal, informational, noncommercial purposes; (b) Content provided on the Blog or forums may not be redistributed; (c) personal data about other users may not be stored or collected except where expressly authorized by Bluespring; (d) Content will be posted in accordance with the policies of the individual forums that are accessible through the Site; and (e) Content posted by you will not fall into the categories enumerated below; if Content does fall into any of these categories, Bluespring reserves the right to remove such postings:

• depicting dangerous activities
• abusive, defamatory or obscene
• fraudulent, deceptive or misleading
• in violation of any intellectual property right of another
• in violation of any law or regulation
• spam, self-promotion or irrelevant
• otherwise offensive

III. RESERVATION OF RIGHTS
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Bluespring or a third party provider.  All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved.  Bluespring has the right to terminate the permissions granted to you in these Terms of Use and your use of the Content at any time.

IV. CONTENT
Content shared on the Site will be deemed as Content that you have the right and authority to share and for which you have the right and authority to grant Bluespring all of the licenses and rights set forth herein. 

Bluespring does not want to receive confidential information from you through or in connection with the Site.

V. ACCESSING SITE AND CONTENT
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Bluespring accounts, computer systems or networks.  You agree not to attempt to gain unauthorized access to any parts of the Site.  You agree not to interfere or attempt to interfere with the proper working of the Site or any Bluespring accounts, computer systems or networks.  You agree not to use any robot, spider, scraper or other automated means to access the Site or any Bluespring accounts, computer systems or networks without Bluespring’s express written permission.

VI. UNLAWFUL OR PROHIBITED USE
You agree to refrain from using Site or Content found on the Site for any unlawful or prohibited purpose.

VII. INDEMNITY
You agree to indemnify and hold harmless Bluespring, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content, or your violation or infringement of any third party rights.

VIII. TERMINATION OF USE
In its sole discretion, Bluespring may, at any time, discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site.  Bluespring will terminate or limit access to the Site and/or Content to users who are determined to be repeat infringers of third party copyright rights.  Bluespring shall not be liable to any user or any third-party for any termination or limitation of access to or use of the Site or any Content.

IX. THIRD PARTY WEB SITES
The Site may provide links to websites and content of third party vendors.  Bluespring is not responsible for third party content provided on or through the Site and the user bears all risks associated with the access and use of such websites and third party content, products and services.

X. DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BLUESPRING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE.  BLUESPRING MAKES NO WARRANTY THAT (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK.  BLUESPRING SHALL HAVE NO RESPONSIBILTIY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

BLUESPRING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

XI. LIMITATION OF LIABILITY
IN NO EVENT SHALL BLUESPRING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

XII. EXLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES.  TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS XI AND XII, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

XIII. PRIVACY STATEMENT
Bluespring has developed a Privacy Policy to address privacy concerns.

XIV. MINORS
Bluespring’s Site is not intended for the use of minors and we ask that minors do not submit any information to us.
 
XV. EXPORT RESTIRCTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. 

XVI. APPLICABLE LAWS
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded of the Site shall be governed by U.S. federal law or the laws of the State of Ohio.  Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a  state or federal court in Cincinnati, Hamilton County, Ohio.  You and Bluespring agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

XVII. LOGO USE AND TRADEMARK
You agree not to reproduce Bluespring’s logo without express written permission.  To obtain permission to use Bluespring’s logo, please contact Bluespring’s Marketing Department at marketing@bluespring.com

XVIII. CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact us.