1.0 - Agreement of the Terms of Use : Blue Falls Media, Inc.. reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Blue Falls Media, Inc. website. Your continued access of this website and use of our services shall be deemed your conclusive acceptance of the modified agreement.
Please review our Privacy Policy, which also governs your visit and use of services to Blue Falls Media, Inc. to understand our practices regarding the use and disclosure of your personal information. 4.0 - Printing Policy: Please review our Printing Policy, which also governs printing terms, time deliveries and use of this services via Blue Falls Media, Inc. to understand our practices regarding the use of our printing services.
Trademarks, logos, and service marks (collectively the "Trademarks") used in this site are the property of Blue Falls Media, Inc. or their respective owners. Nothing contained in this site should be construed as granting by implication or otherwise, a license or right of use of the Blue Falls Media, inc. or any other Trademark displayed in the site without the written permission of Blue Falls Media, Inc. or its respective owner.
As a condition of your use of the website and services, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services and products in any manner that could damage, disable, overburden, or impair any Blue Falls Media server, or the network(s) connected to any Blue Falls Media server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Blue Falls Media server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
Blue Falls Media, Inc or its partners do not claim ownership of the materials you provide to or post, upload, input or submit to any Blue Falls Media Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Documents and Files you are granting Blue Falls Media, its affiliated companies and necessary sub licensees permission to use your Files in connection with the operation of your Project including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
You will indemnify and hold Blue Falls Media, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions, a delay in a project release or project completion either due miscommunication, lack of understanding your project correctly, missing or damaged files and server related issues. You agree that the Indemnified Parties will have no liability in connection with any such breach , project launch delay or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the services or information accessed from the Web site. This Agreement is governed and interpreted pursuant to the laws of the state of Texas, United States of America, not withstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the state of Texas. You further agree and expressly consent to the exercise of personal jurisdiction in the state of Texas in connection with any dispute or claim involving Blue Falls Media, Inc. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using our Service. By using the Service, you warrant to Blue Falls Media, inc. that you are above the legal age to conduct business or utilize our services. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child. 10.1 - You must be at least the age of eighteen to use our services.
Complimentary Services include but are not limited to any service in which “We” deem to offer free of charge as a convince to our clients that a charge would normally apply. These services are subject to a “NO ABUSE” policy. If in any way these services are abused as outlined in the “No Abuse” Policy we reserve the right to terminate the complimentary services are offer to continue the service at the normal cost of that service. 11.1 - Upon “Abuse” of these guidelines, and or using your project in any unlawful way as defined within or outside this agreement may result in termination of account, project and details. You agree not to hold Blue Falls Media, Inc. responsible for any losses regarding complimentary services. 12.0 - System Integrity : You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Web Site or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques. 13.0 - Refusal of Service : You understand and acknowledge that Blue Falls Media, Inc. reserves the right to refuse, at any time, to create, print, modify or mail any copy, photographs, or illustrations of any kind that in its sole judgment, it believes, is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene or pornographic; or tends to ridicule or embarrass, or is in bad taste, or which in its sole judgment is an infringement on a trademark, trade name, or copyright, belonging to others.
If files are corrupted and or damaged including but not limited to intercepted, missing, destroyed and or not available Blue Falls Media, Inc. may request these files and documents in order to complete or update your project. You agree not to hold Blue Falls Media, Inc. accountable or responsible for files being “Not Useable” or “so-called-Damaged” and therefore possibly extending the project time frame based on the information provided above.
The use of the Live Manager offered to each client to view and approve final drafts or to review the status of your project is made available to you and is intended for designing and development purposes and approving the final version of your project only.
Blue Falls Media, Inc. updates projects on each “Sunday” & "Wendesday" of the month. These updates will be avaiblable for review on Monday Morning & Thursday Morning and are active within this time. 16.1 - Updates made out of the “Update Time” mentioned above are not guaranteed and are considered Complimentary Services and may result in a DNS & Project security waiting time in which the update may be pending up to 24-72 hours per update. 16.2 - Large updates may result in longer periods to update other than mentioned above. Upon such extended time periods due to mass updates you will be notified with the estimated time of completion. 16.3 - As we can only guarantee the functionality of projects on our secure hosting servers we do not offer free updates to projects hosted with another company. Please review our Abuse Policy, which in detail explains the limitation to Updates and Project Modifications of website projects.
When using our website or services you thereby are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, or by telephone. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. 18.1 - All communication can and may be monitored and or recorded for quality, training and insurance purpose.
External links may be provided for your convenience, but they are beyond the control of Blue Falls Media and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Blue Falls Media, Inc.
Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product or project is activated , shipped, delivered, approved or modified which you are responsible for understanding upon use of our services and or visiting our website. All Sales Are Final. 20.1 - If you are unsatisfied with your project, we will redesign it for you to ensure your satisfaction. We can not refund/redesign accounts that have an outstanding balance. 20.2 - If a project refund is issued the refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition and may take up to 180 - 360 days to process the refund.
If Blue Falls Media, Inc. attempts to contact a client regarding missing information, unpaid balances, project information and files with no success in regards to a “Non Completed” project either through emails and/or via telephone communication within (30 Days) the project will be removed from our databases, project queue, Hosting Servers and development system. If this becomes effect it can not be reversed or retrieved at any later time and only applies to Non Completed Websites, Programs and Software. Furthermore refund requests will be denied for the deleted project. If after 30 days you have failed to respond, We will assume that your project is complete and the project shall be deemed completed. At such time, Blue Falls Media, Inc. will have no further obligation to you or your project. 21.1 - Projects that are approved and resumed after 30 days of the last successful communication may be subject to a waiting period and will be set on the bottom of the design and development queue.
If performance of Blue Falls Media is delayed by reason of fire, war, civil disturbance, strike, damage by the elements, or other casualty, condemnation, governmental actions, interruptions of power or communication, transportation problems, or any other cause beyond Blue Falls Media’s reasonable control, such non-performance shall not be default hereunder and the limit of performance shall be extended for the period which is reasonable in light of such delay. 23.0 - Project Duration : As Blue Falls Media, Inc. offers different services with different project durations the completion time will be presented to you upon receiving a project quote or during project activation. Project completion time may vary due to changes made to the project or data changed by you, acts of a natural disaster and or incomplete files and missing documents. Files and Documents that are missing will be requested and you have 30 days to respond to the request, either by supplying the documents and files or informing Blue Falls Media, Inc. that more time is needed. If after 30 days you failed to respond, “We” will assume that your project is complete and the project shall be deemed complete in which Blue Falls Media, Inc. shall have no further obligation to you in regards of your project.
Payments are processed through PayPal, even if payment is submitted through our website payment center. You do not require a paypal account make a payment. Payments processed through our website are protected by an industry secure SSL Key. 24.1 - In most cases 70% of the complete project quote are due before we will start on the project. The remaining 30% due upon project completion and your satisfaction. This only applies to Website Pro Packages, Flex Applications & Software. All other products are due 100% before the start of the project. Under agreement custom payment terms may be offered. The terms must be accepted by you and can only be applied to projects over $800.00.
If a payment is due based on terms you were provided and agreed on before the project was started, and you fail to make a payment by the due date you have 3 days to make the payment before your account will be considered to be outstanding. 25.1 - We will refuse any service offered through Blue Falls Media, Inc. if your account has an outstanding balance.
Linked websites are not under the control of Blue Falls Media and Blue Falls Media is not responsible for the contents of any linked site or any link contained in a linked site. Blue Falls Media provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Blue Falls Media of the site.
Clients may not use Blue Falls Media''s network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account the Client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
THE USER OF THIS SITE AND OUR SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. BLUE FALLS MEDIA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLUE FALLS MEDIA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL BLUE FALLS MEDIA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY. BLUE FALLS MEDIA USES REASONABLE EFFORTS AND SPECIAL SOFTWARE TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. BLUE FALLS MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, BLUE FALLS MEDIA SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
By visiting the Blue Falls Media website, you agree that the laws of the state of Texas without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Blue Falls Media. 31.0 - Hosting : Although we offer to host our clients website free of any charge , no guarantees can be made as to the availability or interruption of this service by Blue Falls Media cannot and will not accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Blue Falls Media or its content suppliers & Partners and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Blue Falls Media. 31.1 - Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Blue Falls Media a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Blue Falls Media. You also grant Blue Falls Media and its Divisions the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto. ©2005 - 2010 Blue Falls Media, Inc. All Rights Reserved. How to contact Us. You may contact Blue Falls Media, Inc. by using our online contact form, by emailing us directly at info@bluefallsmedia.com, or by contacting your Project Manager. MODIFIED : 02.06.10 |
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© 2005 - 2010 Blue Falls Media,Inc. All Rights Reserved.