Terms of Website Use

These terms ("Terms") constitute a legal agreement between you and Blue Dot, Inc. ("Blue Dot"). Your use of this website (“Site”) and/or the Services (as defined below) constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site or the Services. Blue Dot reserves the right to update these Terms and revise or modify the Blue Dot Site or Services without notice at any time and your continued use of the Site and/or the Services will constitute acceptance of such updated Terms or revisions or modifications.

The Site provides you with access to a variety of items and information, including software, (collectively, the "Services"). Any updates or enhancements to the Site or the Services are also subject to these Terms.

All elements of Site, including but not limited to the general design, are protected by trade dress, trademark, copyright and other laws relating to intellectual property rights. Blue Dot hereby provides you with a limited license to use the Site and the Services for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any features or elements of the Site or the Services, or any portion thereof.

You shall indemnify Blue Dot and its licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Site or the Services.

Privacy.
For information relating to the collection and use of your information, please see the Blue Dot Privacy Policy.

Software Provisions.
Any Software that is made available to download from the Site is the copyrighted work of Blue Dot and/or its licensors or suppliers. Use of the Software is governed by the terms of the end user license agreement which accompanies the Software ("EULA"). You must agree to the terms of the applicable EULA before you will able to download or install such Software.

Account Provisions.
Use of the Services requires you to open an account. In doing so, you agree to complete the registration process by providing us with current, complete and accurate information as requested by the applicable registration form or process. When you open an account you will also choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account information. You are also entirely responsible for any and all activities that occur under your account and you agree to notify Blue Dot immediately of any unauthorized use of your account. Blue Dot will not be liable for any loss that you may incur as a result of someone else using your account or password. Blue Dot is not intended for those under 13 years of age. If you are under 13 years of age, you may use Blue Dot only with the involvement of a parent or guardian.

You agree that you will not use the Site or the Services for any purpose that is unlawful or prohibited by these Terms, and you will not use the Services in a manner that could damage, disable, overburden, or impair any Blue Dot server, the network(s) connected to any Blue Dot server, or interfere with any third party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any Services or other users’ accounts by 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 Services.

Blue Dot has no obligation to monitor any communications made via the Site or the Services, however, Blue Dot reserves the right to review materials posted and to remove any materials in its sole discretion. Blue Dot also reserves the right to terminate your access to any or all of the Services (including but not limited to terminating or suspending your account and deactivating your user name and password) at any time, without notice, for any reason whatsoever. Upon such termination, suspension or deactivation, any information you have stored may not be retrieved later.

Blue Dot reserves the right at all times to disclose any information as Blue Dot deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Blue Dot does not claim ownership of the materials you provide to Blue Dot (including feedback and suggestions) or post, upload or submit via the Service (each a "Submission"). However, by posting, uploading, providing or submitting any Submission you are granting Blue Dot permission to use your Submission in any manner, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any third party. No compensation will be paid with respect to the use of your Submission by Blue Dot or any third party. Blue Dot is under no obligation to post or use any Submission you may provide and Blue Dot may remove any Submission at any time in its sole discretion.

By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload or submit the Submissions.

In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that (a) you are the copyright owner of any applicable materials contained in such Submission, or that the copyright owner has granted you permission to use their content, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.

Blue Dot reserves the right to remove content and/or accounts which post inappropriate material to the public facets of the site (including any Dot with a permission of "everyone").

This includes:

• profanity, hateful or spiteful material
• porn and/or other adult content
• content condoning or recommending illegal activity

LINKS TO THIRD PARTY SITES.
THE SERVICES WILL PROVIDE YOU WITH LINKS TO THIRD PARTIES WEBSITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF BLUE DOT AND BLUE DOT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. BLUE DOT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BLUE DOT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BLUE DOT.

NO WARRANTY.
THE SITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THIS SITE AND THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE DOT AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND THE SERVICES.

BLUE DOT DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BLUE DOT RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE SITE OR THE SERVICES AT ANY TIME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUE DOT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT BLUE DOT AND IS NOT RESPONSIBLE OR LIABLE FOR: (1) ANY CONTENT, WHICH MAY BE INFRINGE THE RIGHTS OF OTHERS OR BE INACCURATE, OR ILLEGAL (SUCH AS BEING OBSCENE, INDECENT, DEFAMATORY, THREATENING, OFFENSIVE,OR TORTIOUS); OR (2) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BLUE DOT SITE. IN NO EVENT SHALL BLUE DOT AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS 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 THIS SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR THE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE OR THE SERVICES EVEN IF BLUE DOT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. BLUDOT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE DOLLARS (US$5.00). YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE BLUE DOT SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Applicable Law and Disputes.
You agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Blue Dot. Any dispute relating your use of the Site or the Services shall be submitted to confidential arbitration in Seattle, Washington, except that Blue Dot may seek injunctive or other relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts, to the extent you have violated or threatened to violate Blue Dot intellectual property rights,. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Copyright Complaints
At Blue Dot we respect the intellectual property rights of others and it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you feel that your copyrighted work has been used in a way that constitutes copyright infringement, please send the following information in writing by mail to Blue Dot's copyright agent:

• A complete and accurate description of the copyrighted work that you claim is being infringed;
• A complete and accurate description of where the copyrighted work that you claim is being infringed is located (with multiple descriptions if it is located in multiple places);
• Your email address, mailing address and telephone number;
• A written statement by you to the effect that you have a good-faith belief that the copyrighted work described above is being used in a manner not authorized by the copyright owner or the law;
• A written statement by you, made under penalty of perjury, to the effect that (a) the information provided in your written notice above is accurate, and (b) that you are the copyright owner or are authorized to act on the copyright owner's behalf;
• A signature at the end of the notification by the person who is authorized to act on behalf of the owner of the copyright.

Blue Dot’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Mohit Srivastava, Copyright Agent
Blue Dot Legal Dept.
811 First Avenue, Suite 480
Seattle, WA 98104
USA
e-mail: copyright@faves.com

COPYRIGHT NOTICE.
Copyright © 2005-2006 Blue Dot, Inc., 811 First Avenue, Suite 480, Seattle, WA 98104. All rights reserved.