Welcome to BlueJar Media!  We hope you enjoy the use of our site and building a repository of memories for your friends and family. 

Before setting up your account with BlueJar (herein referred to as “we,” “us,” or “BlueJar”), please review the following Terms of Use (“Terms”) carefully and completely.  If you agree with the Terms, please click the “Yes” button.  Clicking the “Yes” button will constitute a binding agreement between you and BlueJar. To decline acceptance of the Terms, click the “Cancel” button. Note that any violation of these Terms may result in termination of our service to you.

BlueJar reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.

 

1.         Description of BlueJar Services

BlueJar provides users an electronic library of their memories of friends and family in the form of literature, photographs, audio files, or other electronically stored materials (the Content”).  BlueJar allows each user to create “jars” to store Content on friends, family, or groups. 
           
2.         Submissions to BlueJar

You may not place any of the following material or obtain any such material using the Service:

                        a.         Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. BlueJar recommends you use an “adult-content” warning label when pictures are being shared that include legal adult content;

                        b.         Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;

                        c.         Any material sent from an anonymous or false address.

While BlueJar is not responsible for the content of the submissions, BlueJar reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable.  BlueJar may request confirmation of the copyright or trademark ownership from the submitter.  BlueJar reserves the right to suspend the shipping of an order before such confirmation is received.  If BlueJar does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, BlueJar reserves the right to share certain account information with governmental organizations or other third parties.  If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement.  In the event of any such dispute, BlueJar reserves the right to suspend the display, viewing or sharing of any submissions until the issue has been resolved.  You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by BlueJar for the purposes of delivering the offered services.  In addition, you warrant that all moral rights in any uploaded materials have been waived.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.

BlueJar will not be liable for the content of any submission.

 

2.         Copyright notice

BlueJar is committed to protecting copyrights of copyrighted works, in whatever form they are submitted to BlueJar.  Each submitter is required by US law to own the right to or to obtain permission to use Content before the Content is uploaded to BlueJar, reprinted from the BlueJar website, or ordered from BlueJar.  If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

Customer Service
ATTN: Copyright Protection
BlueJar, Inc.
____________________
____________________

Fax: __________________
Email: ________________

 

2.         Age requirements

You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

 

3.         Access to your account. 

Your account with BlueJar is available for your personal, non-commercial use.  You may allow other people to view selected images in your account through BlueJar’s on-line share feature.  The people you invite to view your Content will be able to see the images you have selected for them and will not have access to your entire account.

Linking directly to Content on BlueJar’s servers from external sites is expressly prohibited.

We need to be able to access your account for the following reasons:

            a.         We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;

            b.         To maintain our Service to you and develop new and useful features and services;

            c.         To follow a court order, subpoena, complaint or a lawful request from governmental authorities.

            d.         BlueJar reserves the right to close accounts set up for fraudulent purposes.

 

4.         Fees

There is no fee to open a BlueJar account.

 

4.         Canceling the service; discontinuing inactive accounts

BlueJar reserves the right to cancel the Service or to discontinue accounts that have been inactive for more than 360 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 30 days, your account and the images contained in it may be removed.

 

5.         Third-party software

We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties of the third-party.  Each software product is subject to the third-party company’s terms and conditions, and the agreement will be between you and the respective company.
We do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using our Service.

 

6.         Third-party links

We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.

 

7.         Copyrighted material and software

All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

 

8.         Privacy policy

When you create an account with BlueJar, you need to provide some personal information, such as your name, email address, and password. We protect and use this

information, the Content, and other information that you may submit as set forth in our Privacy Policy. __.       Content Submitted or Made Available to BlueJar

BlueJar does not claim ownership of Content you submit or make available for inclusion.  However, with respect to Content you submit or make available to BluJar, you grant BlueJar a worldwide, royalty-free and non-exclusive license(s).  This license is for the sole purpose of enabling BlueJar to display, distribute, and promote the Service by using the Content in advertisements.  This license exists only for as long as you elect to continue to include such Content on BlueJar and will terminate at the time you remove such Content.

 

9.         U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

 

10.       Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

 

11.       Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of California, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.

 

12.       Export

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

 

13.       Disclaimer of warranties

THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH BLUEJAR’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUEJAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLUEJAR MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUEJAR MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH BLUEJAR’S SITE OR ADVERTISED THROUGH BLUEJAR’S SITE.

 

14.       Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLUEJAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BLUEJAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE BLUEJAR’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

15.       Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and services to be used at BlueJar, either independent of, or in conjunction with, our internally developed concepts.  We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:

            a.         Unsolicited ideas submitted to BlueJar, Inc. or any of its employees automatically become the property of BlueJar, Inc.

            b.         By submitting unsolicited ideas to BlueJar, Inc. you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to BlueJar, Inc. or its employees.

Instead:
Send a message to ideasubmission@BlueJar.com and describe ONLY the general application.  If we think there is opportunity to pursue your idea further, we will contact you. Please note that a proper legal agreement may need to be executed in order to evaluate your concept(s).

 

16.       Intellectual Property

The systems, services, and products, or portions thereof, are covered by US Patents __________________, and other pending US patent applications.

 

17.       Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through BlueJar are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

 

When you place an order, BlueJar will not bill you until we ship the items ordered.  BlueJar reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.

 

__.       Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.  Accordingly, you agree that you will be solely responsible to BlueJar for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to notify BlueJar immediately at ____________________________.