Terms of Use of the Bluetracker.com Website
Bluetracker.com is owned and operated by Bluetracker Inc., a division
of 1716262 Ontario Limited. These Terms of Use explain details and
issues you, the user, need to understand, and agree to, before you
can use the Bluetracker ("Bluetracker", "us",
"we", "our", “us guys”, “the
team”) web site (“site”, “web site”,
“web app” “the software”, “our software”).
Please read these Terms of Use carefully.
The Web Site
Bluetracker makes this website and all the content contained therein
available for potential purchasers and users of its Software, which
enables shared file viewing among a specified group of users for viewing
and comments to the file. Materials posted by users in a specified
account in connection with such file-sharing viewing services are
referred to collectively as shared content.
Acceptance of Terms
By accessing or using this web site you accept and agree to be bound
by these Terms of Use and any changes that may be made from time to
time. When using particular products or services on the Site, you
may be subject to any posted user agreements, rules and/or guidelines
applicable to such products and services, all of which are incorporated
herein by reference. If you do not agree with all or any part of these
Terms of Use, do not access or use the Bluetracker.com web site.
We reserve the right to change these Terms of Use without notice to
you from time to time in our sole discretion. Your continued access
to or use of this Site constitutes your agreement and acceptance of
the changes. Please regularly visit this page of our Site. Any changes
shall be effective once the revised Terms of Use have been posted
on the Site.
Use of the Bluetracker Site and its Contents
Except as otherwise indicated in these Terms of Use, you may view,
download, and print content available on this Site subject to the
following conditions: (1) the content may be accessed and used solely
for personal, information, non-commercial and internal purposes; (2)
the content may not be modified or altered in any way; (3) the content
may not be distributed or sold, rented, leased, licensed or otherwise
made available to others; (4) you may not remove any copyright or
other proprietary notices contained in the content; (5) you may not
copy or distribute any graphics apart from their accompanying text;
and (6) you will not quote or display any content or any portions
thereof, out of context.
Bluetracker reserves the right to revoke the authorization to view,
download and print content available via this Site at any time, and
any such use shall be discontinued immediately upon notice from Bluetracker.
The rights granted to you constitute a license and do not affect a
transfer of title.
Bluetracker content comprising the Collaboration Software is subject
to the additional provisions set forth in the Bluetracker User Agreement.
Any Bluetracker content made available only upon payment of a fee
or execution of a separate agreement may only be viewed, downloaded
and printed subject to your payment of such fee or execution of such
separate agreement.
Any Bluetracker content acquired upon your execution of a required
separate agreement shall be provided with the additional rights and
obligations set forth in that agreement, and your rights to such Bluetracker
content shall immediately terminate if you fail to meet your obligations
under or otherwise comply with such agreement or any of the terms
and conditions of these Terms of Use.
Intellectual Property
The Site, including the selection, coordination and arrangement of
information and content of the Site, is protected by copyrights, trademarks,
patents, trade secrets and other intellectual and proprietary rights
("Intellectual Property Rights") and any unauthorized use
of the Site may violate such intellectual property laws and these
Terms of Use. Except as expressly provided herein, Bluetracker does
not grant any express or implied rights to use the Site or the content
therein. You agree not to copy, screen capture, republish, frame,
download, transmit, modify, adapt, create derivative works based on,
rent, lease, loan, sell, assign, distribute, display, perform, license,
sublicense or reverse engineer the Site any portions of the Site or
the selection and arrangement of the Site, except as expressly authorized
herein.
In addition, you agree not to use any computer code, data mining software,
robots, or other similar automatic or manual data gathering and extraction
device. You agree not to engage in the mass downloading of files from
this Site; use the computer processing power of this Site for purposes
other than those permitted above; or flood this Site with electronic
traffic designed to slow or stop its operation.
All trade marks, trade names or service marks posted on this site
are the property of Bluetracker unless otherwise stated. You agree
not to use or reproduce any such trade marks, trade names or service
marks, or use any meta tags or any other "hidden text" utilizing
any such trade marks, trade names or service marks, without the express
prior written permission of Bluetracker or the owner of such trade
marks, trade names or service marks.
USE OF BLUETRACKER FOR ANY OTHER PURPOSE IS
EXPRESSLY PROHIBITED AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.
VIOLATORS WILL BE PROSECUTED.
Security and Registration
If you subscribe to our Software you will be required to complete
the designated registration form. All required registration information
that you provide must be current, complete and accurate and kept up
to date on a prompt, timely basis. Your username is your email address,
and you must choose a password. It is your sole responsibility to
keep your user name, password and other sensitive information confidential.
If you become aware of any unauthorized use of or access to your Account,
or any Projects in your Account, assigned to you or any other breach
of security, you shall notify Bluetracker immediately.
Restriction and Termination of Use
We may block, restrict, disable, suspend or terminate your access
to all or part of the Site, the Collaboration Software, or any Services
and Materials at any time in our sole discretion, without prior notice
or liability to you, subject to any other agreement between you and
Bluetracker.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate,
change, suspend or discontinue any aspect of the Site, including,
but not limited to, content, features or hours of availability. We
may also impose limits on certain features of the Site or restrict
your access to part or all of the Site without notice or penalty.
We may suspend or terminate your account or your use of the Site at
any time, for any reason or for no reason at all.
User Comments, Feedback and Other Submissions
By submitting or sending comments, feedback, bug reports, piracy reports,
product suggestions, or other material or information ("Suggestions"),
you grant Bluetracker and the users of this Site an unrestricted,
irrevocable, non-exclusive, worldwide, royalty-free and fully paid
up license under all intellectual property rights to use, reproduce,
publicly display, publicly perform, copy, edit, modify, translate,
reformat, transmit and distribute such Suggestions, with or without
having your name attached to them, in any manner or form and for any
purpose, with full rights to sublicense such rights through multiple
tiers of distribution, and you also acknowledge and agree that Bluetracker
is free to use any ideas, concepts, know-how or techniques that you
provide for any purpose without any compensation to you. You also
represent and warrant that any Suggestions are original to you and
that no other party has any rights to the Suggestions. You also waive
any "moral rights" in any Suggestions. You also acknowledge
and agree that Bluetracker shall not be liable for any failure to
store Suggestions on the Site or in any other location or form at
any time. You also acknowledge the Bluetracker has no obligation to
review, acknowledge or act on any Suggestion.
Disclaimer of Warranties and Liability
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY LAW, BLUETRACKER DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU
EXPRESSLY AGREE THAT USE OF THE SITE AND ANY CONTENT AVAILABLE ON
THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR
ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE DO NOT
REPRESENT, WARRANT OR ACCEPT ANY CONDITION THAT THE SITE AND ANY CONTENT
AVAILABLE ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS,
IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,
PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON
THE SITE FOR ANY PURPOSE. IN THE EVENT OF ANY PROBLEM WITH THE SITE
OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING
THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE
ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES
AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE.
WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, UNAVAILABLITY OR INCOMPATIBILITY OF ANY
SOFTWARE PROVIDED BY ANYONE OTHER THAN BLUETRACKER, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE
CONTRARY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES.
ACCORDINGLY, THE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BLUETRACKER, ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, PARTNERS, SUPPLIERS, AGENTS OR REPRESENTATIVES
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHETHER ARISING UNDER BREACH
OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER THEORY OF LIABILITY REGARDLESS OF WHETHER WE KNEW OR SHOULD
HAVE KNOWN OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS
WEB SITE OR ANY OTHER LINKED SITE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold Bluetracker and its officers, directors,
shareholders, employees, partners, suppliers, agents or representatives
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of: (a) any materials,
including Shared Content and Submissions, that you may submit, post
to or transmit through the Site (including a third party's use of
or reliance upon the accuracy, completeness or usefulness of any materials;
(b) your access to or use of the Site (including any use by your employees,
contractors or agents and all uses of your account numbers, user names
and passwords, whether or not actually or expressly authorized by
you, in connection with the Site); (c) your connection to the Site;
(d) your violation of the Terms of Use; (e) the actions of any member
of any Collaborating Group of which you, or any person associated
with you, is a member; (f) your violation or infringement of any rights
of any third party, including Intellectual Property Right; (h) your
access to or use of Linked Sites and your connections thereto; or
(i) any dealings between you and any third parties via the Site.
Applicable Law
These Terms or Use are governed by and will be construed in accordance
with the laws of Canada and the Province of Ontario as applicable
therein without regard to conflict of law jurisprudence. Any disputes
arising under or in connection with these Terms of Use, or your access
or use of the Site shall be subject to the exclusive jurisdiction
of the Federal Court of Canada or the courts of the Province of Ontario.
In the first instance, any application, action or proceeding relating
to the subject matter of these Terms of Use or otherwise arising between
you and Bluetracker shall be brought in these courts in the City of
Toronto, Ontario.
Copyright Act Agent
We respect the Intellectual Property Rights of others and require
that the people who use the Site do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please forward the following information to the Copyright Agent named
below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been
infringed;
• A description of where the alleged infringing material is
located;
• A statement by you that you have a good faith belief that
the disputed use is not authorized by you, the copyright owner, its
agent, or the law;
• An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest
• A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Bluetracker
206-49 Spadina Avenue
Toronto, ON M5V2J1
Canada
Attention: Copyright Agent
E-mail: info@bluetracker.com
Privacy Policy
We encourage you to read our Privacy Policy, which is incorporated
by reference into these Terms of Use. By using the Site, you also
agree to the Bluetracker Privacy Policy.
Comments
If you have any comments or questions about or Site please contact
Bluetracker. All our contact information can be found here: http://bluetracker.com/Home/Contact.html