Effective Date June 2, 2023
- INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the websites located at bluezones.com, thebluezonesstore.com and other related Blue Zones domains (“Digital Services”) and Digital Services offered through any of our mobile applications (“Mobile Services”) controlled by Blue Zones, LLC (sometimes referred to as “bluezones.com”, “Blue Zones”, (“us”, “we”, or “our”), whether accessed via personal computers, mobile devices or otherwise (collectively, “Access Device”).
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS INCLUDING THE TERMS APPLICABLE TO OUR MOBILE SERVICES BEFORE USING THE DIGITAL SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE DIGITAL SERVICES, YOU AGREE TO THESE TERMS. DO NOT USE THE DIGITAL SERVICE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE DIGITAL SERVICES IF YOU DO NOT AGREE.
BLUE ZONES MAY REVISE AND UPDATE THESE TERMS AT ANY TIME. PLEASE PERIODICALLY REVIEW THE TERMS POSTED BECAUSE YOUR CONTINUED USE OF THE DIGITAL SERVICES WILL MEAN THAT YOU ACCEPT THOSE CHANGES. TO THE EXTENT ANY MODIFICATION TO THESE TERMS MATERIALLY AFFECTS YOUR RIGHTS OR OBLIGATIONS, THE UPDATED TERMS WILL BE PRESENTED TO YOU UPON YOUR NEXT ACCESS OF THE DIGITAL SERVICES AND YOU WILL BE REQUIRED TO ACCEPT THE UPDATED TERMS BEFORE PROCEEDING.
THE DIGITAL SERVICES ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL USE ONLY. THE CONTENT PROVIDED THROUGH THE DIGITAL SERVICES SHOULD NOT BE CONSIDERED MEDICAL ADVICE. IF YOU NEED MEDICAL SERVICES, PLEASE SEEK PROFESSIONAL HELP. FOR ALL URGENT OR EMERGENCY MATTERS THAT YOU BELIEVE MAY IMMEDIATELY AFFECT YOUR HEALTH OR ANOTHER’S HEALTH, PLEASE CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR URGENT CARE FACILITY.
- INTELLECTUAL PROPERTY
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on the Digital Services are the registered and/or unregistered Trademarks of Blue Zones, or such other third party that may own the displayed Trademarks. Nothing contained on the Digital Services or in the Terms grants to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Digital Service.
Site Contents and Copyright.
The text, , logos, images, graphics, photos, video files, application functionality, or any other electronic media, and their arrangement on the Digital Services (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted. You may download, copy, or print the Content of the Digital Services for your personal non-commercial use only. No right, title or interest in any of the Digital Services Content is transferred to you as a result of any use of the Digital Services. All rights not expressly granted to you by these Terms are reserved to Blue Zones or to such third party as may be applicable.
- ACCESS, CONTENT AND PROHIBITED USES
Access to and uses of the Digital Services are solely for your engagement with Blue Zones and your purchase of Blue Zones products for your personal use, information, entertainment, and communication with Blue Zones. You may not circumvent, disable or otherwise interfere with security-related features of the Digital Services, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Digital Services or Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, or transmit Content or any element of the Digital Services, except as permitted by these Terms.
You may not rely on any information and opinions expressed on the Digital Services for any purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Digital Services or Content.
You are prohibited from using the Digital Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property or privacy rights or the intellectual property or privacy rights of others (including uploading photographs, videos, audio recordings, content, or other media (collectively “Digital Media”) without all required consent(s) of the individuals depicted, referenced, or otherwise captured within such Digital Media and including uploading the Personal Information of another individual to us without all required consents of the individual); (e) to promote disinformation, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including not limited to misrepresentation of your identity, impersonation of another person or entity, misrepresentation of your affiliation with a person or entity, including, without limitation, Blue Zones, creation or use a false identity, or attempts to use another individual’s account; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the Personal Information of others including but not limited to efforts to collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users of the Digital Services without their express consent; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, or use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Digital Services, to obtain or attempt to obtain any documents or information through any means not purposely made available through the Digital Services; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Digital Services, other websites, or the Internet; (l) to interfere or attempt to interfere with, or damage or attempt to damage, the Digital Services or the proper working thereof including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (m) use any meta tags or any other hidden text utilizing the Blue Zones name, service marks, trademarks, or product or service names; (n) advertise, offer to sell, or sell any goods or services provided as part of the Digital Services or otherwise use the Digital Services to solicit other users; (o) engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; (p) probe, scan, or test the vulnerability of the Digital Services or any network connected thereto, or breach the security or authentication measures on the Digital Services or any network connected thereto; (q) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Digital Services or Blue Zones systems or networks, or any systems or networks connected thereto; (r) to upload any Digital Media which captures biometric information, specific geolocation, or physical or auditory identification markers for any natural person (including but not limited to you); or (s) assist any third party in engaging in any activity prohibited by these Terms. We reserve the right to terminate your account or otherwise deny you access to the Digital Services in our sole discretion for any or no reason without notice and without liability.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE DIGITAL SERVICES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any Digital Media uploaded to our Digital Services or Mobile Services. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE DIGITAL SERVICES OR TO REMOVE OR RETAIN ANY DIGITAL MEDIA ON OUR DIGITAL SERVICES OR MOBILE SERVICES, UNLESS OTHERWISE AGREED.
- CONDITIONS FOR THIRD-PARTY LINKING TO WEB SITE AND BLUE ZONES MEAL PLANNER
In limited circumstances, we may permit third-party links to the Digital Services home page from any website that is not commercially competitive with the Digital Services and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Digital Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described herein.
Although links to websites, products, or services of third parties (“Third Party Offerings”) may be posted on the Digital Services, the posting of those links or associated content does not constitute Blue Zones’ endorsement of such Third-Party Offerings. Similarly, although Third-Party Offerings may be sold or purchased via links on the Digital Services, this does not constitute Blue Zones’ endorsement of the same. Blue Zones is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with Third-Party Offerings.
Third-Party Offerings and such third parties may originate from or be located in different countries, and those websites and may subject you to the countries’ laws. Please review carefully the third party’s terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding Third-Party Offerings should be directed to the applicable third-party.
- USER REGISTRATION
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Digital Services at: firstname.lastname@example.org; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
- USER CONTENT AND PERSONAL INFORMATION
You acknowledge and agree that you may be providing certain feedback, statements, suggestions, and ideas (“Ideas”) to Blue Zones, directly or through a third party, in connection with use of the Digital Services, which Blue Zones may use, without limitation, in future modifications to the Digital Services, multimedia works and/or advertising and promotional materials relating thereto. In addition, you acknowledge and agree that Blue Zones may have access to certain analytic and demographic data (“Data”) with respect to your use of the Digital Services. You may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Information”), when you register, make a purchase from our online store, or request to be on our mailing list. By providing such information, you acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions related to the Digital Services, including without limitation purchases through the Digital Services or Mobile Services. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Digital Services and/or through the Mobile Services. You hereby assign to Blue Zones any and all rights and interest in any Ideas, Data, and Personal Information to the extent permitted by applicable law, including but not limited to any copyright, patent right, moral right, and all other intellectual property and proprietary rights. In addition to Ideas, any Digital Media you may upload, share, or post to Blue Zones through our website, mobile application, or any form of social media (including by submitting an image to your social media using #Bluezones or any other Blue Zones branded hashtags or handles), will be treated as public and non-proprietary. By submitting Digital Media to Blue Zones, you grant Blue Zones a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, publish, display, perform, and modify such Digital Media. In addition, when you post, upload, or share Digital Media to Blue Zones, you also grant Blue Zones the right to use the name that you submit, if any, in connection with that submission.
Except as otherwise provided herein, you acknowledge and agree that submission of Ideas, User Content, Digital Media, Data, and Personal Information to Blue Zones, either orally or in writing, will not in any way establish a confidential relationship with Blue Zones, nor will it place Blue Zones in the position of receiving a disclosure in trust. Blue Zones will not be obligated and makes no commitment to treat or maintain Digital Media or Ideas which you submit as confidential. In addition, you do not expect nor will you receive any type of payment or remuneration from Blue Zones for Ideas, Digital Media, Data, or Personal Information. You agree that all documents and materials submitted to Blue Zones will become the property of Blue Zones, unless Blue Zones agrees otherwise in writing. No obligation is assumed or may be implied on the part of Blue Zones by receipt or examination of the Idea or Data submission to use the Ideas and Data, compensate you, or otherwise enter into another agreement with you.
Your participation in any giveaway, contest, or game, and acceptance of any prize shall, unless prohibited by law, also constitute a grant to Blue Zones of the right to verify correctness of registration and services eligibility requirements, print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, personal information such as your name, address, picture, voice, likeness and/or biographical information (“User Content”) for compliance and promotional purposes without additional compensation and without additional consent.
To the extent that you provide any information, including but not limited to Personal Information, Digital Media, and User Content, to Blue Zones or its representatives, you warrant that (i) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (ii) the use of such information by Blue Zones and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. You understand and agree that Blue Zones will store or otherwise retain any data or information provided by you and that Blue Zones and the Digital Services will be acting as a conduit for any such information received under these Terms. Blue Zones hereby disclaims any and all liability related to the use or transmission of such data or information in connection with the Digital Services.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that an Idea, Digital Media, Personal Information, or User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: Blue Zones, email@example.com.
- BLUE ZONES STORE, PRODUCTS, PURCHASES, AND RETURNS
- General Terms. By placing an order with us for products or services (collectively, “Products”), you hereby agree and acknowledge that you are (i) offering to purchase a Product; (ii) represent that you are the legal age of majority in your place of residence, (iii) represent that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided, and (iv) you are responsible for any purchase(s) you make while using the Digital Services. Information and statements regarding the Products sold on or otherwise available through the Digital Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all Product packaging prior to use. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. The use of the term “Longevity” refers to the lifestyles of the inhabitants of geographic regions as described in certain Products. Longevity is not at all guaranteed through the use of the Digital Services or Products.You further agree that you shall not use any Product(s) sold on the Digital Services for any illegal or unauthorized purpose whatsoever. When you complete a purchase, you must pay in U.S. Dollars. Prices may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any Products at any time without notice. We reserve the right to refuse our Products to anyone, for any reason, at any time, in our sole and absolute discretion. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right, in our sole discretion, at any time after receipt of your order to accept, limit, modify, decline or cancel your order, or any portion thereof, (including without limitation, quantities purchased per person, per household or per order) even after your receipt of an order confirmation, or refuse Products to you without prior notification for any reason whatsoever. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that a Product lists an incorrect price, either due to a typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price. In the event that we decline, make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers, or distributors.
- Shipping and Delivery. We ship orders to all 50 United States, including U.S. territories (i.e., Puerto Rico, U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands) and Canada. You will be notified at checkout if your order cannot be shipped to your selected location. The shipping charge is based on the order’s price, shipping method, and shipping address.
You will see your actual shipping cost at checkout. The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the Products will pass to you upon delivery of the Products to the carrier; however, risk of loss of, or damage to, the Products will pass to you upon delivery of the products to you.
- Payment Terms. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). All card payments are subject to authorization by your card issuer and are subject to a fraud check by our designated fraud detection vendor. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter before we will proceed with your order. You may contact us at [firstname.lastname@example.org] or (612) 596-3600 for help resolving any payment disputes.
You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other shipping charges described in the “Shipping and Delivery Section” above, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
- Products and Returns. Products may have limited quantities and may be subject to return or exchange in accordance with our return policy available [HERE]. We make every reasonable effort to display, as accurately as possible, the colors and images of our products. Despite our efforts, however, information available though the Digital Services may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of Products available through the Digital Services are subject to change at any time without notice. We make every reasonable effort to accurately display the attributes of our Products, including the applicable colors. We cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR MATERIALS PROVIDED THROUGH THE DIGITAL SERVICES.
- Limitations. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, in our sole and absolute discretion. The inclusion of any Products through the Digital Services at a particular time does not imply or warrant that these Products will be available at any time. We reserve the right to discontinue any Product at any time. Any offer for any Product made through the Digital Services is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCT(S) AVAILABLE FOR PURCHASE WILL MEET YOUR EXPECTATIONS.
“Confidential Information” means any and all information disclosed by Blue Zones to you in connection with the Digital Services. Without limitation of the foregoing, these Terms and all information relating to the Digital Services are Confidential Information, including without limitation, the layout, design, structure, and functionality of the Digital Services. Notwithstanding the foregoing, “Confidential Information” does not include any information that you can demonstrate by reliable written documentation (i) was known to you prior to its disclosure hereunder; (ii) is or becomes known through no wrongful act of you; or (iii) has been rightfully received by you from a third party authorized to make such a disclosure. Except as expressly permitted under these Terms, you shall not use any of Blue Zones’ Confidential Information except as expressly necessary to use and access the Digital Services, and shall not disclose any of Blue Zones’ Confidential Information to any person or entity. You shall use the same degree of care to protect Blue Zones’ Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances less than reasonable care. In the event Confidential Information of Blue Zones is required to be disclosed by court order or disclosure is otherwise required by law, you shall provide prompt advance notice to enable Blue Zones to seek a protective order or otherwise prevent or limit such disclosure.
- MOBILE SERVICES
The Digital Services may include Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you agree that we may communicate with you regarding the Digital Services and our partners by electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Digital Services to reflect this change. Your use of Mobile Services is subject to our Mobile Terms.
YOU AGREE TO INDEMNIFY AND HOLD BLUE ZONES, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND BUSINESS PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR BREACH OF THESE TERMS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS UNDER THESE TERMS.
YOU expressly waive and give up all rights and benefits under California Civil Code Section 1542 and any law or legal rule of similar effect in any other state or territory with respect to the releases granted by YOU UNDER THESE TERMS, including but not limited to the release of unknown and unsuspected claims granted in UNDER THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 of the california civil code, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- COOKIES, TRACKING TECHNOLOGY, AND DISCLAIMERS
Cookie and Tracking Technology.
THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” BLUE ZONES MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR CONTENT, OR PERFORMANCE OF THE DIGITAL SERVICES, MOBILE SERVICES, OR PRODUCTS, THAT THE DIGITAL SERVICES, MOBILE SERVICES, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES, PRODUCTS, OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR DIGITAL SERVICES OR MOBILE SERVICES OR ACCESSED THROUGH THE DIGITAL SERVICES, MOBILE SERVICES OR PRODUCTS. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS OR CONTENT, AND BLUE ZONES MAKES NO REPRESENTATION THAT THE CONTENT IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO BLUE ZONES EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; BLUE ZONES DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE DIGITAL SERVICES, MOBILE SERVICES, CONTENT, AND PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION ON LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THE DIGITAL SERVICES, MOBILE SERVICES PRODUCTS, OR CONTENT: (1) THAT YOUR USE OF THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR CONTENT IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR CONTENT; AND (3) THAT BLUE ZONES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR CONTENT, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BLUE ZONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLUE ZONES, ITS AFFILIATES’, AGENTS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR CONTENT EXCEED THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR PURCHASE A PRODUCT IN THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT RISE TO THE FIRST CLAIM BROUGHT HEREUNDER OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS LESS.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE DIGITAL SERVICES, MOBILE SERVICES, PRODUCTS, OR CONTENT, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BLUE ZONES, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Digital Services or Mobile Services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that Blue Zones shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Digital Services.
If you become a registered user, you may terminate your registration at any time by sending an email to info@)bluezones.com.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Digital Services, Mobile Services, and/or Content and destroy any copies of Content in your possession, including deleting any downloaded Content from your Access Device.
- COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found through the Digital Services or Mobile Services. Our copyright agent is Blue Zones’ _______________. The agent can be reached at (___) ___-____, email@example.com, or via U.S. Mail at ___________________________________.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Blue Zones may request additional information from you before removing or disabling access to the allegedly infringing content;
- Blue Zones will remove or disable access to the content that is alleged to be infringing;
- Blue Zones will forward the written notification to the alleged infringer; and
- Blue Zones will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Blue Zones, the alleged infringer will have the opportunity to respond to Blue Zones with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Blue Zones’ designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Blue Zones may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
- DISPUTE RESOLUTION
In the event of any claim, action or dispute arising out of or related to any transaction conducted through the Digital Services, or the breach, enforcement, interpretation, or validity of these terms, we agree first to communicate by in writing at firstname.lastname@example.org used in connection with the Digital Services, and describe the facts and circumstances, and allow the recipient at least thirty (30) days to respond or settle the dispute prior to taking any other form of action, including legal action.
You acknowledge that a breach of Sections 2, 3, and 8 would cause irreparable harm to Blue Zones, the extent of which would be difficult to ascertain. Accordingly, you agree that, without limiting any other remedies to which Blue Zones may be legally entitled, Blue Zones shall have the right to obtain immediate injunctive relief in the event of a breach of Sections 2, 3 or Section 8 by you, without the posting of a bond.
- CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws rules. Any legal proceedings against Blue Zones that may arise out of, relate to, or be in any way connected with our Digital Services, these Terms or applicable Additional Terms, shall be brought exclusively in the state and federal courts located in Hennepin County Minnesota and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- AMENDMENT AND ADDITIONAL TERMS
We reserve the right to modify, change, or add terms, or features of the Mobile Services or Digital Services at any time, and at our sole discretion. Our Blue Zones contests, sweepstakes, and similar events or activities will be subject to additional rules, conditions and terms (“Additional Terms” or “Official Rules”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Mobile Services or Digital Services.
Events Beyond Our Control.
You expressly release Blue Zones from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.
By registering via the Digital Services or by sending emails to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Digital Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement and Conflicting Terms.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone and any attempt to do so shall be null and void. For purposes of these Terms, any change of control or assignment by operation of law shall be deemed an assignment. Except as otherwise provided herein, these Terms shall inure to the benefit of, and shall be binding upon, the parties, respectively, and their permitted successors, assigns, and heirs. Blue Zones may assign or transfer Blue Zones’ rights or obligations hereunder at Blue Zones’ sole discretion. Any assignment in violation of these Terms shall be null and void. No provision under these Terms is intended to create, or creates, any rights in or benefits to any third party.
Relationship of the Parties,
The provisions under these Terms do not create any relationship between you and Blue Zones other than that of independent entities contracting with each other solely for the purpose of effecting the provisions under these Terms, and nothing contained herein shall be construed as creating any agency, employment, partnership, or joint-venture relationship between the parties.
Any waiver of the provisions under these Terms or of a party’s rights or remedies under these Terms must be in writing to be effective. Failure, neglect, or delay by a party in enforcing these Terms or its rights at any time will not be construed as, and will not be deemed to be a waiver of, such party’s rights under these Terms and will not in any way affect the validity of these Terms in whole or in part or prejudice such party’s right to take subsequent action. Except as expressly stated herein, no exercise or enforcement by either party of any right or remedy under these Terms will preclude the enforcement by such party of any other right or remedy under these Terms, or any other right or remedy to which such party may be entitled at law or equity.