The Blue Moose Web Site is made up of various Web sites and/or Web pages
operated by the Blue Moose or its affiliates (collectively, the
Web Site and does not apply to the content of third parties.
The Blue Moose Web Sites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Blue Moose Web Sites constitutes your agreement to all such
terms, conditions, and notices. Your use of a particular Blue Moose Web Site
included within the Blue Moose Web Sites may also be subject to additional
terms outlined elsewhere in this agreement (the "Additional Terms").
To go directly to certain of the Additional Terms, click on the link below:
Additionally, the Blue Moose Web Sites may themselves contain additional
terms, codes of conduct or guidelines that govern use of those sites, including
without limitation, particular features or offers (for example, contests or chat
In the event that any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines contained
within any particular Blue Moose Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy
Statement at http://www.BlueMoose.ca/privacypolicy.htm
for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Blue Moose Web Site, or any product or service offered on
any Blue Moose Web Site (each a "Blue Moose Site/Service", and
collectively "Blue Moose Sites/Services") requires you to open an
account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form. You then will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify Blue Moose immediately of
any unauthorized use of your account or any other breach of security. Blue Moose
will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by Blue Moose or another party due to someone else using your account or password. You may not
use anyone else’s account at any time, without the permission of the account
Blue Moose reserves the right to change the terms, conditions, and notices
under which the Blue Moose Sites/Services are offered, including but not
limited to the charges associated with the use of the Blue Moose Sites/Services. You are responsible for regularly reviewing these terms and
conditions and additional terms posted on particular websites. Your continued
use of the Blue Moose Sites/Services constitutes your agreement to all such
terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Blue Moose Sites/Services are for your
personal and commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained from
the Blue Moose Sites/Services.
LINKS TO THIRD PARTY SITES
The Blue Moose Sites/Services may contain images of and links to third party
Web sites ("Linked Sites"). The Linked Sites are not under the control
of Blue Moose and Blue Moose is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Blue Moose is not responsible for
webcasting or any other form of transmission received from any Linked Site nor
is Blue Moose responsible if the Linked Site is not working appropriately. Blue Moose
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Blue Moose of the site or
any association with its operators. You are responsible for viewing and abiding
Any dealings with third parties (including advertisers) included within the
Blue Moose Sites/Services or participation in promotions, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or
promotions, are solely between you and the advertiser or other third party. Blue Moose
shall not be responsible or liable for any part of any such dealings
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Blue Moose Sites/Services, you will not
use the Blue Moose Sites/Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Blue Moose
Sites/Services in any manner that could damage, disable, overburden,
or impair any Blue Moose Site/Service(s) (or the network(s) connected to any Blue Moose
Site/Service(s)) or interfere with any other party's use and
enjoyment of any Blue Moose Site/Service(s). You may not attempt to gain
unauthorized access to any Blue Moose Site/Service, other accounts, computer
systems or networks connected to any Blue Moose Site/Service, 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 Blue Moose Sites/Services.
USE OF SERVICES
The Blue Moose Sites/Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, groups, personal web pages,
calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the Communication Services
only to post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
- Use the Communication Service in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material or
- Publish, post, upload, distribute or disseminate any topic, name, material
or information that incites discrimination, hate or violence towards one
person or a group because of their belonging to a race, a religion or a
nation, or that insults the victims of crimes against humanity by contesting
the existence of those crimes.
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own or
control the rights thereto or have received all necessary consents to do the
- Use any material or information, including images or photographs, which is
made available through the Blue Moose Sites/Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another.
- Use of meta tag searches on the web sites.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of an Blue Moose Site/Service(s)
or other user or usage information or any portion thereof.
Blue Moose has no obligation to monitor the Communication Services. However,
Blue Moose reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Blue Moose reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Blue Moose reserves the right at all times to disclose any information as
Blue Moose deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Blue Moose's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Service. Blue Moose does
not control or endorse the content, messages or information found in any
Communication Service and, therefore, Blue Moose specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized Blue Moose spokespersons, and their views do not necessarily reflect
those of Blue Moose.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BLUE MOOSE OR POSTED AT ANY BLUE
MOOSE WEB SITE
Blue Moose does not claim ownership of the materials you provide to
Blue Moose (including feedback and suggestions) or post, upload, input or
submit to any Blue Moose Site/Service or its associated services for review by
the general public, or by the members of any public or private group, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are granting Blue Moose, its affiliated companies and
necessary sublicensees permission to use your Submission in connection with the
operation of their Internet businesses (including, without limitation, all Blue Moose
Sites/Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights to any supplier of
a Blue Moose Site/Service.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Blue Moose is under no obligation to post or use any
Submission you may provide and Blue Moose may remove any Submission at any time
in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE BLUE MOOSE SITES/SERVICES
All content and software (if any) that is made available to view and/or
download in connection with the Blue Moose Sites/Services, excluding content
and/or software that may be made available by end-users through a Communication
Service, ("Software") is owned by and is the copyrighted work of Blue Moose
and/or its suppliers and is protected by copyright laws and
international treaty provisions. Your 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"). You may not install
or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Blue Moose
grants to you, the user, a revocable personal, non-transferable license to use
provided that you keep intact all copyright and other proprietary notices. Any
reproduction or redistribution of the content and/or Software 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 ANY OF THE WEBSITE CONTENT OR SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject to USA
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE BLUE MOOSE SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BLUE
MOOSE SITES/SERVICES AND TO
THE INFORMATION THEREIN. BLUE MOOSE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE BLUE MOOSE SITES/SERVICES AT ANY TIME.
ADVICE RECEIVED VIA THE BLUE MOOSE SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BLUE MOOSE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED WITHIN THE BLUE MOOSE SITES/SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLUE MOOSE AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT BLUE MOOSE SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO THROUGH AN BLUE MOOSE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT BLUE MOOSE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT BLUE MOOSE IS NOT RESPONSIBLE FOR ANY CONTENT SENT
USING AND/OR INCLUDED IN AN BLUE MOOSE SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL BLUE MOOSE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE BLUE MOOSE SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BLUE MOOSE
SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE BLUE MOOSE SITES/SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE BLUE MOOSE SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUE MOOSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLUE MOOSE SITES/SERVICES,
DISCONTINUE USING THE BLUE MOOSE SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
BLUE MOOSE MAKES NO WARRANTY THAT ANY
BLUE MOOSE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Blue Moose reserves the right, in its sole discretion, to terminate your
access to the Blue Moose websites/services and the related services or any
portion thereof at any time, without notice.
NO SPAM; DAMAGES
Blue Moose may immediately terminate any account which it determines, in its
sole discretion, is transmitting or is otherwise connected with any 'spam' or
other unsolicited bulk email. In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably calculated then you agree to
pay Blue Moose liquidated damages of five dollars (US$5.00) for each piece of
or unsolicited bulk email transmitted from or otherwise connected with your
account. Otherwise you agree to pay Blue Moose's actual damages, to the extent
such actual damages can be reasonably calculated. You agree that Blue Moose may
charge such damages to your selected Payment Method, as set forth in the Blue Moose
Billing section, below.
Claims for enforcement, breach or violation of duties or rights under this
agreement shall be adjudicated under the laws of the Province of British
Columbia, without reference to conflict of laws principles. All other claims,
including without limitation claims under or for violation of state and
provincial consumer protection laws, unfair competition laws, and in tort, shall
be adjudicated under the law of your state of residence. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in Vancouver, Province
of British Columbia, Canada in all disputes arising out of or relating to the
use of the Blue Moose Sites/Services. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Blue Moose
as a result of this agreement or use of the Blue Moose Sites/Services. You agree to indemnify and hold
Blue Moose, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Blue Moose Sites/Services.
Blue Moose reserves the right to disclose any personal
information about you or your use of the Blue Moose Sites/Services, including
its contents, without your prior permission if Blue Moose has a good faith
belief that such action is necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights or property of Blue Moose
or its affiliated companies; (3) enforce the terms or use; or (4)
act to protect the interests of its members or others. Blue Moose's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Blue Moose's right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Blue Moose Sites/Services or information provided to or
gathered by Blue Moose with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Blue Moose with respect
to the Blue Moose Sites/Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Blue Moose with respect to the Blue Moose Sites/Services. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Blue Moose Web Sites may be Copyright (c) 1996 - 2002
Blue Moose and/or its suppliers. All rights reserved.
TRADEMARKS. Blue Moose and/or other Blue Moose products and services
referenced herein may also be either trademarks or registered trademarks of Blue Moose
in the United States, Canada and/or other countries. The names of
actual companies and products mentioned herein may be the trademarks of their
The example companies, organizations, products, domain names, e-mail
addresses, logos, people, places and events depicted herein are fictitious. No
association with any real company, organization, product, domain name, e-mail
address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
claimed copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO