USE OF THE BLUEKIWI SITE OR ANY OF THE BLUEKIWI MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.
1. About Our Site
Bluekiwi is a global brand recognized by discerning parents for innovation, great design and the highest quality in the baby products business. The Bluekiwi Site provides information about Bluekiwi and its products, allows consumers to find retailers of Bluekiwi products, and allows consumers to purchase Bluekiwi products directly through Bluekiwi.
3. Your Account
In creating an account and/or posting any content to the Bluekiwi Site, you represent and warrant to Bluekiwi that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by Bluekiwi.
4. Age Limits and Users under 13
This Site is not intended to be used by individuals 13 and younger. If you are not at least 13 years old, please do not set up a Bluekiwi online account.
5. General Restrictions On Use & Termination
You may only use the Bluekiwi Site and Bluekiwi Materials for your personal and non-commercial use. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Bluekiwi Materials or the Bluekiwi Site, and you may not create derivative works based on any portion of the Bluekiwi Materials or Bluekiwi Site without the express written consent of Bluekiwi. Without limiting the generality of these Terms, you specifically agree not to use the Bluekiwi Materials in connection with any of the following, each as determined in the sole discretion of Bluekiwi:
- Any illegal or unauthorized use;
- Impersonation of any person or entity or falsely stating or misrepresenting your affiliation with another person or entity;
- Defaming, abusing, “stalking”, harassing, or threatening any other person;
- Harming minors in any way;
- Posting, storing, or otherwise using the Bluekiwi Materials in connection with any content that is obscene, illegal, or sexually explicit;
- Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
- Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
- Restricting or inhibiting any other user from accessing or using the Bluekiwi Site, including, but not limited to, by means of "hacking" or defacing any portion of the Bluekiwi Site;
- Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with, disrupting, or destroying the functionality or use of any features or portions of the Bluekiwi Site;
- Interfering with, disrupting, or destroying the servers or networks connected to the Bluekiwi Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks, or taking any action that imposes or may impose (in the sole discretion of Bluekiwi) an unreasonable or disproportionately large load on Bluekiwi’s servers or infrastructure;
- “Hacking” or accessing without permission Bluekiwi’s proprietary or confidential records or those of any other third party or the account of any third party without permission;
- Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Bluekiwi Materials;
- Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
- Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Bluekiwi or the Bluekiwi Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Bluekiwi Site or Bluekiwi Materials;
- Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Bluekiwi Site
- Modifying, copying, publishing, licensing, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Bluekiwi Site or any other Bluekiwi Materials or any portions thereof; and/or
- Violating any other term or condition governing your use of the Bluekiwi Site or any applicable federal, state, or local law or regulation.
6. Email Policy
By registering with Bluekiwi or purchasing a product from the Bluekiwi Site, you may receive periodic emails from Bluekiwi. These emails include, but are not limited to, notifications about your account or your use of the Bluekiwi Site, purchases or orders for Bluekiwi products, confirmations, newsletters, special offers, or other messages. We may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Bluekiwi, please send an email to email@example.com and you will be unsubscribed from receiving further mailings. Please allow 7-10 business days for completion.
7. Intellectual Property Rights
The Bluekiwi Materials and the products featured on the Bluekiwi Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by Bluekiwi, all text, graphics, data or other content appearing on the Bluekiwi Site, including but not limited to visual interfaces, data, graphics, design, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the Bluekiwi Materials and Site are owned by Bluekiwi (collectively “Bluekiwi Content”). Bluekiwi Content is provided to you by Bluekiwi for the sole purpose of your personal and non-commercial use of the Bluekiwi Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the Bluekiwi Site or any information, software, or services provided by Bluekiwi hereunder. Bluekiwi Content may be modified from time to time by Bluekiwi in its sole discretion. Your use of the Bluekiwi Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Bluekiwi Site. Any unauthorized use of the content of the Bluekiwi Site may subject you to civil or criminal penalties.
No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the Bluekiwi Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Bluekiwi or its licensors in the Bluekiwi Site and any associated IP Rights.
The word mark BLUEKIWI and the associated design are trademarks of Bluekiwi and may not be used without the prior, express, written permission of Bluekiwi. The names of brands or products featured or described on the Bluekiwi Site may be separately protected by trademarks owned and controlled by Bluekiwi. No license, right or interest in any trademarks of Bluekiwi is granted under this Agreement.
Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.
8. Your Representations About Your User Created Content
For any content you may upload, post, or otherwise submit to the Bluekiwi Site, you grant to Bluekiwi, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known.
You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the Bluekiwi Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Bluekiwi’s attention.
You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or Bluekiwi’s rights in the content ability to fully use the content as contemplated herein.
If a minor appears in any content you submit to Bluekiwi, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.
9. Liability Limitations
YOU ARE USING THE BLUEKIWI SITE “AS IS.” IN NO EVENT SHALL BLUEKIWI BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE BLUEKIWI SITE, OR THE BLUEKIWI CONTENT. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Disclaimer Of Warranty
THE BLUEKIWI SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE BLUEKIWI SITE ARE PROVIDED TO USER ON AN “'AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. BLUEKIWI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.
The Bluekiwi Site is provided to you without charge as a convenience and for your information only. By merely providing access to the Bluekiwi site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the Bluekiwi Site will be free from interruptions, errors, computer viruses or other harmful components.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
14. No Assignment
You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of Bluekiwi. However, Bluekiwi may freely assign this Agreement without restriction.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Bluekiwi unless such waiver is in writing signed by Bluekiwi.
17. Entire Agreement
18. Contact Us
Please send any notices, questions, comments, or concerns regarding the Site (other than notifications of claimed copyright infringement) to: firstname.lastname@example.org