Conditions of Use
All access and use of the services available through our internet servers and our web site (collectively, the “Services”) are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions.
The Services are provided "as is" with NO warranties. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.
Limitation of Liability
Under no circumstances shall BlueStarChild Creation be liable to any user on account of that user’s use of our Services. BlueStarChild Creation shall not be liable for any damage arising from any event that is out of its control. BlueStarChild Creation shall not be liable for direct or indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits or the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the providing of services by BlueStarChild Creation, whether based in contract, tort, or any other legal theory, and whether or not BlueStarChild Creation or the operators of any attached networks have been made aware of the possibility of such damages. In no event shall the liability of BlueStarChild Creation exceed a refund of the amounts actually paid to BlueStarChild Creation for the then-current service period.
BlueStarChild Creation will take all diligent efforts to make Services available. However, BlueStarChild Creation shall not be responsible for any events or circumstances beyond its control which limit such availability, including, but not limited to, electrical, telephone, or telecommunications failures or interruptions and scheduled or unscheduled maintenance.
BlueStarChild Creation will make reasonable efforts to protect the integrity of the data stored on our servers, using accepted industry standards of internet security and network administration. BlueStarChild Creation will not be responsible for any loss or damages from delays, non-deliveries or service interruptions, including those caused by errors or omissions.
BlueStarChild Creation does not guarantee the backup of any data stored on our servers. BlueStarChild Creation may maintain backups for internal use by BlueStarChild Creation only.
Acceptable Use:
BlueStarChild Creation’s services may only be used for lawful purposes. You agree that BlueStarChild Creation may, without refund, limit or discontinue access to your account or terminate your account at any time in the event you violate or fail to observe our terms and conditions of service. BlueStarChild Creation reserves the right to modify or amend such terms and conditions in the future from time to time. You agree to the privacy of other users and organizations; for example, users shall not intentionally seek information on, obtain copies or modify files, other data or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user. You agree to hold BlueStarChild Creation harmless from any claims resulting from your use of the service which damages you or another party.
“Spam” (Unsolicited Commercial E-mail) is not allowed in any way. Anybody caught sending spam to or from an e-mail account or social networking web page hosted by BlueStarChild Creation will be reported to various anti-spam organizations and, if applicable, legal action will be taken.
BlueStarChild Creation may, at any time, make determinations that particular uses are not consistent with BlueStarChild Creation’s acceptable use policy. BlueStarChild Creation’s acceptable use policy is, at a minimum, to include:
(1) To respect the legal protections provided by copyright and license to programs and data.
(2) To respect the integrity of computing systems; for example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
(3) Malicious use is not acceptable. Use should be consistent with guiding ethical statements and accepted community standards. BlueStarChild Creation’s network may not be used in ways that violate applicable laws or regulations. Use of BlueStarChild Creation’s network and any attached network in a manner that precludes or significantly hampers its use by others is not allowed.
You shall hold BlueStarChild Creation harmless from and against any and all losses, liabilities, damages, claims, judgments, costs, and expenses (including reasonable attorneys’ fees) incurred in connection with any claim against BlueStarChild Creation by a third party which may arise from, or as a result of, your use of BlueStarChild Creation’s internet server, including, but not limited to, any claims of copyright or trademark infringement.
When BlueStarChild Creation learns of possible inappropriate use, BlueStarChild Creation’s staff will notify the individual or organization responsible, which must take immediate remedial action and inform BlueStarChild Creation of its actions. BlueStarChild Creation reserves the right to terminate your account or your access to our Services. If this is deemed necessary by BlueStarChild Creation staff, efforts will be made to inform you prior to discontinuing such service, and efforts will be made to reestablish your connection as soon as it is mutually agreed upon.
Authorities and Permissions; Consumer Credit:
You hereby affirm that all information submitted to our servers for e-mail or web distribution does not infringe upon any copyright, trademark, patent, statutory or common law or proprietary rights of others. You hereby affirm that all information submitted to our servers does not contain anything deemed to be obscene or libelous. Further, you indemnify BlueStarChild Creation with respect to any damages, loss or legal expense which might result from the hosting or distribution of any materials provided on your account.
Modification of Services:
BlueStarChild Creation reserves the right to change, without notice, all services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation and services offered. BlueStarChild Creation offers a good faith assurance that such service changes will not be made except to improve BlueStarChild Creation’s level of service.
BlueStarChild Creation may modify the terms and conditions hereof. Your use of BlueStarChild Creation resources after such notice shall constitute your acceptance of the modifications of this Agreement.
Miscellaneous:
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect.
These legal terms shall be governed by the laws of the State of California.
acceptance of these legal terms.