Welcome to Peeriscope, owned and produced by Blu Dot Tech LLC, a New York corporation under U.S. law and its subsidiary and affiliate successors, and assigns (collectively referred to as “XYZ”).
Peeriscope currently consists of an iPhone application and various Web pages at or linked to the URLs www.peeriscopeapp.com collectively referred to as “Peeriscope,” (which may expand or change from time to time).
Blu Dot Tech LLC builds location-based mobile applications. Blu Dot Tech LLC also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Peeriscope. In addition, Peeriscope also may offer other services from time to time that are governed by the terms of service of the respective service partners.
Because the Terms and Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to:
Blu Dot Tech LLC
10 Brigden Lane
Pittsford, NY 14534
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.
2. Conditions and Restrictions on Use
3. Registration and Privacy
4. Member Conduct
5. License to Member Web Pages and Other User Content
6. Disclaimer of Warranties
7. Limitation of Liability
8. Removal of Links
9. Disclaimer Regarding Third Party Content
11. Professional Information Disclaimer
12. Advertisers and Content Linked to Peeriscope
13. The Peeriscope Logos
14. No License; Intellectual Property Rights of Blu Dot Tech LLC and Others
15. Indemnity and Release
16. Limitation of Action
17. Copyright, Trademark, and Patent Notices
18. Intellectual Property Infringement Claims
19. Arbitration, Governing Law, and Forum for Disputes
20. Changes in Terms and Conditions and Changes in Products and Services
22. Non-Waiver and Separability
23. Relationship of Parties
24. No Resale, Assignment, or Sublicensing
25. Successors and Assigns
26. Termination; Survival
27. Communication with Users
28. Submissions of Ideas
29. Violation of Terms and Conditions
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Peeriscope Web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Blu Dot Tech LLC may terminate your access to Peeriscope or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Blu Dot Tech LLC.
Any such termination shall be in Blu Dot Tech LLC’s sole discretion and may occur without prior notice, or any notice. Blu Dot Tech LLC further reserves the right to terminate any user’s access to Peeriscope or to any of the Products and Services for any conduct that Blu Dot Tech LLC, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Blu Dot Tech LLC or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.
Blu Dot Tech LLC further reserves the right to terminate any user’s access to Peeriscope or to any of the Products and Services for any reason or for no reason at all, in Blu Dot Tech LLC’s sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.peeriscopeapp.com/ or another of the URLs associated with Peeriscope. Be aware that the entirety of Peeriscope is for general audiences and no areas contain adult content.
Where content may be restricted under the laws of any applicable jurisdiction, individuals are not permitted to access such content. There is no content and no services offered by Blu Dot Tech LLC which require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Blu Dot Tech LLC does not discriminate on the basis of age, gender, gender identity, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various
Peeriscope registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blu Dot Tech LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blu Dot Tech LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
6. MEMBER CONDUCT
In certain areas of Peeriscope, upon registering, you will receive a password and Peeriscope ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Blu Dot Tech LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Peeriscope cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement, or otherwise.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Peeriscope, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Peeriscope does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content.
You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Peeriscope be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Blu Dot Tech LLC does not pre-screen user or third party Content posted on Peeriscope, except for certain areas where Blu Dot Tech LLC employs certain automated screening software or a manual review process, although Blu Dot Tech LLC reserves the right to do so. Blu Dot Tech LLC does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all.
Blu Dot Tech LLC reserves the right to monitor some, all, or no areas of the Products and Services for adherence to
these Terms and Conditions or any other rules or guidelines posted by Blu Dot Tech LLC.
You agree that you will not use Peeriscope Products and Services to:
1. Earn greater than 200 points within 24 hour period
2. Acquire greater than 5 connections within 24 hour period
3. Make greater than 5 attempts to use an invalid or expired promo code within 24 hour period
4. Attempt to register with another user’s Meetup Account credentials
5. Attempt to register with another user’s LinkedIn Account credentials
6. Upload, post, email, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
7. Upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
8. Upload, post, email, otherwise transmit or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
9. Harm minors in any other way.
10. Make any sexual request on behalf of a minor or make any sexual request of a minor.
11. “Stalk” or otherwise harass another.
12. Collect or store personally identifying information about other users for commercial or unlawful purposes.
13. Impersonate any person or entity, including, but not limited to, a Peeriscope official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
14. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any
communication, including emails, transmitted through the Products and Services.
15. Upload, post, email, otherwise transmit or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
16. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
17. Upload, post, email, otherwise transmit or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement.
18. This prohibition shall include, without limitation, the following forms of software piracy:
o Making available copyrighted software or other Content that has had the copyright protection removed.
o Making available serial numbers for software that can be used to illegally validate or register software.
o Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
o Making available any software files for which the user does not own the copyright or have the legal right to make available.
19. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
20. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Peeriscope.
21. Use automated means, including spiders, robots, crawlers, or the like to download data from any Peeriscope database.
22. Conduct your own contests and promotions.
23. Upload, post, email, otherwise transmit or post links to any Content regarding any raffle, contest or game requiring a fee by participants. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Blu Dot Tech LLC database, including, without limitation, by incorporating data from any Blu Dot Tech LLC database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, Web-based, or otherwise.
24. Sell, distribute, or make any commercial use of data obtained from any Blu Dot Tech LLC database or make any other use of data from any Blu Dot Tech LLC database in a manner which could be expected to offend the person for whom the data is relevant.
25. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
26. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
27. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
28. Access the Products and Services after your account or access has been terminated by Blu Dot Tech LLC.
29. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Blu Dot Tech LLC or the party from whom such software may be licensed.
30. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
31. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
You acknowledge and agree that Peeriscope and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time,for any reason, or for no reason at all, with or without notice.
Without limitation Blu Dot Tech LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Blu Dot Tech LLC, in its sole discretion. Blu Dot Tech LLC may
also terminate access to, or membership in, Peeriscope, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Peeriscope, including without limitation information in Chat, Message Boards, databases, and in all other parts of Peeriscope Products and Services.
You expressly acknowledge and agree that Peeriscope may preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Blu Dot Tech LLC, its users and the public. You acknowledge and agree that the technical
processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further
acknowledge and agree that other data collected and maintained by Blu Dot Tech LLC with regard to its users may be disclosed in
Blu Dot Tech LLC also may suspend or terminate any user account for any Product or Service because of user inactivity or for any
other reason whatsoever. For example, a Blu Dot Tech LLC Forum account may be terminated or suspended if a user fails to sign-in
to the Blu Dot Tech LLC Forum for an extended period of time. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
7. LICENSE TO USER CONTENT
By submitting content, of any type, to any service on Peeriscope, you grant Blu Dot Tech LLC a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such content, for unlimited purposes, as Blu Dot Tech LLC shall deem appropriate. Such license shall apply with respect to any form, media, or technology now known or later developed.
The term of the license will extend in perpetuity,with no limitations nor restrictions.
8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Blu Dot Tech LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Blu Dot Tech LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
Blu Dot Tech LLC SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Blu Dot Tech LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Blu Dot Tech LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Blu Dot Tech LLC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Blu Dot Tech LLC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY Blu Dot Tech LLC.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Blu Dot Tech LLC BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Blu Dot Tech LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Peeriscope. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO,
DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT STORED
THROUGH Peeriscope. UNDER NO CIRCUMSTANCES SHALL Blu Dot Tech LLC BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
14. DISCLAIMER REGARDING PICTURES, MOVIES, STREAMS AND SOUNDS ON Peeriscope
Pictures, movies, streams, and sounds (the “Media Content”) located throughout Peeriscope are protected by copyright and/or other intellectual property laws. Blu Dot Tech LLC does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Media Content. Where search results link to sites outside Peeriscope, all of the Media Content contained on such sites is owned and served by entities other than the Blu Dot Tech LLC. Peeriscope provides you with the URL or address of the Media Content; this information may be used to determine the server of the Media Content. If you intend to make use of any Media Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Media Content for permission to use the Media Content, because to do otherwise is most likely a violation of intellectual property laws.
15. PROFESSIONAL INFORMATION DISCLAIMER
Peeriscope makes available certain information provided by third parties related to various professional fields such as
medicine, psychology and education. Peeriscope does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through Peeriscope is made available subject to the Peeriscope Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.
Peeriscope STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL
REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
16. ADVERTISERS AND CONTENT LINKED TO Peeriscope
Blu Dot Tech LLC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web. Blu Dot Tech LLC has no control over such sites and resources. You acknowledge and agree that Blu Dot Tech LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Blu Dot Tech LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Peeriscope Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Blu Dot Tech LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Blu Dot Tech LLC encourages you to exercise discretion while using the Products and Services to browse the Internet. Blu Dot Tech LLC may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Blu Dot Tech LLC makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to Peeriscope Web sites. Blu Dot Tech LLC shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of
material contained in sites listed in Peeriscope’ search results or otherwise linked to Peeriscope Web sites or provided to Peeriscope by third parties.
17. Blu Dot Tech LLC LOGOS
Peeriscope offers a non-assignable, non-transferable, and non-exclusive license to link to Peeriscope’s Web sites, using Peeriscope logos, subject to the following provisions. The Peeriscope logos may be placed on a Web site for the sole purpose of creating a link to Peeriscope and allowing users of your site to access the Products and Services on Peeriscope. The Peeriscope logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Peeriscope. The Peeriscope logos and may only be used in accordance with the instructions found at the http://www.Blu Dot Tech LLC.com/about/press/ link and may only be used in the exact size, shape, colors, design, and configuration as found on those Web pages. The
Peeriscope logos and search boxes may not be altered in any manner. The Peeriscope logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The Peeriscope logos and search boxes may not be used to disparage Peeriscope, its products or services, or in a manner which, in Blu Dot Tech LLC’ reasonable judgment, may diminish or otherwise damage Blu Dot Tech LLC’ good will in Peeriscope logos. By using any such Peeriscope logo or search box, you acknowledge that Peeriscope has exclusive rights to the logo or search box, and that all good will generated through your use of the logo will inure to the benefit of Peeriscope. If you use Peeriscope logos, you must include appropriate attribution, for example: “Blu Dot Tech LLC™ is a registered trademark of Blu Dot Tech LLC.” Blu Dot Tech LLC may terminate this license at any time and for any reason or for no reason, without any notice. Blu Dot Tech LLC reserves the right to revoke this license or to alter its terms from time to time, without any notice. Blu Dot Tech LLC reserves the right to take action against any use that does not
conform to these provisions.
18. NO LICENSE; INTELLECTUAL PROPERTY OF Blu Dot Tech LLC AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Peeriscope’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Peeriscope and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Blu Dot Tech LLC and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Blu Dot Tech LLC in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Blu Dot Tech LLC, any of Blu Dot Tech LLC’ affiliates, or any of Blu Dot Tech LLC’ service providers. You agree not to use any
of the trademarks or service marks or other Content accessible through Peeriscope of any purpose other than the purpose for which such Content is made available to users by Blu Dot Tech LLC. You agree not to defame or disparage Blu Dot Tech LLC, the trademarks or service marks of Blu Dot Tech LLC, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Peeriscope.
19. INDEMNITY AND RELEASE
By using Peeriscope Web sites you agree to indemnify Blu Dot Tech LLC, Inc. and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of Peeriscope Web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Blu Dot Tech LLC or from any person’s use of any account or password you maintain with any portion of Peeriscope, regardless of whether such use is authorized by you. By using Peeriscope, using the Products and Services, or submitting any ideas and/or related materials to Blu Dot Tech LLC, you are hereby agreeing to release Blu Dot Tech LLC and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that
you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Blu Dot Tech LLC. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
20. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Peeriscope or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
21. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
Blu Dot Tech LLC, the Blu Dot Tech LLC logo, BluDotTech.com, Peeriscope are all registered trademarks and trademarks of Blu Dot Tech LLC.
All other marks that appear throughout the Products and Services belong to Blu Dot Tech LLC, members of Peeriscope, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Blu Dot Tech LLC or the owner of the mark, as appropriate, is strictly prohibited.
23. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York, County of Monroe, applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pittsford, New York and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof.
Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.
24. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Peeriscope reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Peeriscope reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Blu Dot Tech LLC’ representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Peeriscope Web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular Web site and any Products or Services available on or through the Web site or the respective Product or Service at which those other provisions may be found.
26. NON-WAIVER AND SEPARABILITY
Blu Dot Tech LLC’ failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
27. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Blu Dot Tech LLC are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
28. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Blu Dot Tech LLC.
29. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
30. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Blu Dot Tech LLC. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
31. COMMUNICATIONS WITH USERS
Blu Dot Tech LLC reserves the right to communicate with you regarding your use of the Products and Services.
32. SUBMISSIONS OF IDEAS
The Peeriscope is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Peeriscope, 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 OR RELATED MATERIALS TO Blu Dot Tech LLC BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Blu Dot Tech LLC, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Blu Dot Tech LLC THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT Blu Dot Tech LLC IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Blu Dot Tech LLC, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
33. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Blu Dot Tech LLC and Peeriscope, Blu Dot Tech LLC reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of Peeriscope Web sites.
If you are aware of any violations of these Terms and Conditions, please report them to: firstname.lastname@example.org.
We hope your enjoyment of Blu Dot Tech LLC’ Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Blu Dot Tech LLC community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.