Last Updated 06 June 2019
A User may desire access to one or more of our services through our Website. The access will be under a non-exclusive, revocable license.
In order to gain access to any of the services provided through our Website, each User must register. In this registration process the User must provide accurate and complete information. Registration using any fictitious information will mean that the User’s access to any services through the Website is unauthorized and the license granted the User by us will be void.
We reserve the right to, but we are not required to, authenticate User Information. Each User hereby authorizes us to take such action as we believe is appropriate to conduct such authentication.
The information requested at the time of registration may include the User’s name, company, contact information, the capacity in which the User is registering and the billing address of the User.
Certain requests for information will be optional. For example, a User may provide a profile for preferred transactions. Whether required or optionally provided by the User, all information provided by a User regarding itself, either as part of the initial registration process or subsequently is referred to as “User Information”.
Each User agrees continually to comply with our access procedures and practices (including security measures) as then in effect and as may be supplemented or modified by Bluefish Technologies Services from time to time (the “Access Procedures”). These Access Procedures include the selection by each User of a user name and password. Each User must (a) maintain the confidentiality of its password and is responsible for all activities that occur under that password and (b) promptly notify us of any known or suspected unauthorized use or disclosure of its password or any other breach of security. A User must never allow any other person to use its name and password to access the Website.
We may enter into separate written agreements with one or more Users regarding the use of our services, including services through the Website. The separate written agreement will provide additional terms governing the relationship between us and the User.
Users must act in a professional business manner. Each User agrees not to use the Website:
- other than for its intended purpose;
- to collect, store or use information about other Users or specific transactions other than for the specific purpose for which that information was provided;
- to identify transactions as a lead generation tool for the User’s own distribution channel, in an attempt to avoid fees;
- to post, email or otherwise transmit any information known to be inaccurate;
- to use profanity or language that otherwise is insulting, demeaning, harassing or offensive;
- to impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
- to forge or otherwise manipulate identifiers in order to disguise the origin of any transaction or information transmitted to or posted on the Website;
- to disrupt the normal flow of dialogue on the Website or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges and transactions;
We reserve the right to terminate a User’s access to and use of the Website at any time for any or no reason.
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents. WE SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website, use of or access to the Website other than its intended purpose. You agree not to sell, resell or exploit for any commercial purposes or use for any purposes any portion of the Website. The Website is provided for each User’s internal use only. The content of the Website (the “Content”), including text, software, photos, and graphics, is copyrighted by us and/or our licensors under European and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
The foregoing rights and licenses are subject to any pre-existing confidentially obligation, including those obligations contained herein.
The foregoing rights and licenses are in addition to any others granted under any other agreement between a User and us. The grants in this Section 7 will survive the termination of any relationship between a User and us.
Certain of the names, logos, and other materials displayed on the Website constitute our or other entities’ trademarks, tradenames, service marks or logos (“Marks”). You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS OR SERVICES OF ANY USER.
WE MAKE NO WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR THAT DEFECTS IN OUR WEBSITE WILL BE CORRECTED. WE ARE NOT ENGAGED IN THE PROVISION OF ANY PROFESSIONAL SERVICES, INCLUDING LEGAL OR ACCOUNTING SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ON OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF OUR WEBSITE. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE WHETHER ANY SUCH LOSS, DAMAGE OR EXPENSE ARISES IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, NOTWITHSTANDING FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.