Welcome to BluePipes, a professional networking service that lets you connect with other professionals. The BluePipes service is operated by BluePipes, Inc. ("we," "us," or "BluePipes"). By using the BluePipes website (the "Website") you agree to be bound by this User Agreement (this "Agreement"). In addition, if you are an individual who wishes to become a BluePipes Member (a "Member"), communicate with other Members and make use of the BluePipes service (the "Service"), you must read this Agreement and indicate your acceptance of its terms when you use the "Sign Up" form to join the Website.
You must be 18 or over to use the Website or register as a Member. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect. See Section 14 below for a list of the provisions of this Agreement that will survive the termination of your membership.
The Service and the Website are for the personal use of individual Members only. You may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Materials available on or via the Website may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by BluePipes or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your BluePipes profile or other content uploaded on the Website for the purpose of extracting such information or other content.
We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of BluePipes, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to BluePipes an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
Regardless of what personal information you choose to include in your BluePipes profile or what level of sharing of your profile you choose, certain information about every BluePipes Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of that Member's regular BluePipes profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes, but may not be limited to, the following information about that Member:
Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other Member.
You are solely responsible for the Content that you Post on the Website or the Service or transmit to other Members.
Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgement:
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections 11 and 12 below for further limitations on our liability.
You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses or email addresses.
Although BluePipes cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Member without the prior explicit consent of such Member and BluePipes. To protect our Members from such conduct, we reserve the right, in BluePipes' sole discretion at any time, to restrict the number of emails or other communications that a Member may send to other Members.
You may not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service. The Website and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Sacramento County, California for the resolution of any such dispute.
You agree to indemnify and hold BluePipes and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor- franchisee relationship between you and us or between us and any other Member or user of the Website.
Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 4 (Proprietary Rights in Content), Section 8 (Member Disputes), Section 9 (Disclaimers), Section 10 (Limitation on Liability), Section 11 (Disputes), Section 12 (Indemnity), Section 14 (Survival) and Section 15 (Other).