ACCEPTANCE OF TERMS
The services that Ice Blue Digital Pty Ltd ("IBD") provides to you are subject to the following Terms of Use ("TOU"). IBD reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES
Through AskBluey.com, IBD provides you with access to a variety of resources, including reference material, product information and communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of IBD. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, IBD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any IBD server, or the network(s) connected to any IBD server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any IBD server or to any of the Services, 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 Services.
OUTGOING LINKS
IBD has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The linked websites' content, business practices and privacy policies are not under the control of IBD, and IBD is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of any link does not imply endorsement by IBD of the site. Use of any such linked web site is at the user's own risk.
FEEDS AND API
IBD provides access to some Services via RSS feeds and APIs. IBD reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason.
USER POSTED CONTENT
By posting links, images, text and other content to the Services (thereby creating "User Content"), you are granting IBD a worldwide, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, broadcast, access, view and otherwise exploit such User Content in any and all media or distribution channels (now known or hereafter created). This license will terminate at the time you remove such User Content from the Services. You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Services.
IBD is not responsible for the manner or circumstances by which third parties access or use public User Content and is under no obligation to disable or otherwise restrict this access. The Services provide you with the ability mark content as private, and to retrieve and remove your User Content and your personal information from the Services. This ability does not extend to copies that others may have made or to copies that IBD may have made for backup purposes.
It’s your responsibility to back-up your User Content from the Services. You agree that IBD is not responsible or liable for the deletion of, or the failure to store or to transmit any User Content. As a courtesy and provided that it is commercially reasonable to do so, if we permanently terminate your access to the Services (except in the event of your violation of these TOU) or discontinue the Services we will provide you with a way to transfer your User Content from the Services, subject to applicable law.
IBD may delete any User Content that in the sole judgment of IBD violates the TOU or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. IBD assumes no responsibility for monitoring the Services for inappropriate User Content or conduct.
USER RESPONSIBILITY
You are solely responsible for your use of the Services. Because the Services serve as a repository of information, User Content does not represent the advice, views, opinions or beliefs of IBD, who make no claim of accuracy of any User Content. The Services may allow for the posting of links to third-party websites. In accessing the Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Services. You understand that the creation of links on the Services for the purpose of specifically boosting exposure of a site in search engines is a breach of these TOU, and that IBD reserves the right to take appropriate action to restrict such "spam" entries up to and including termination of your access to the Services.
ACCESS TO THE SERVICES
IBD grants you a limited license to access the Site and use the Services in accordance with these TOU and the instructions and guidelines posted on the Site. IBD reserves the right to terminate your license to use the Services at any time and for any reason. If IBD terminates your license to use the service because you have breached the TOU, you shall not be entitled to the refund of any unused portion of subscription fees.
NO WARRANTY
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IBD DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
IBD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IBD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD IBD, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES IN VIOLATION OF THE TOU AND/OR ARISING FROM A BREACH OF THE TOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER IBD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IBD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL IBD’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SERVICE CONTENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO IBD FOR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IBD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SERVICES SHALL BE TO TERMINATE USE OF THE SERVICES.
