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ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BLUETME, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. You must be at least 15 years old to use Bluetme.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via Bluetme.
3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
4. You agree that you will not solicit, collect or use the login credentials of other Bluetme users.
5. You are responsible for keeping your password secret and secure.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via Bluetme, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use Bluetme for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of Bluetme, including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, information, usernames, images, photos, profiles and other content or materials that you submit, post or display on or via Bluetme.
9. You must not change, modify, adapt or alter Bluetme or change, modify or alter another website or mobile application so as to falsely imply that it is associated with Bluetme or Bluetme, Inc..
10. You must not access Bluetme‘s private API by means other than those permitted by Bluetme, Inc.
11. You must not create or submit unwanted commercial or harassing communications (a/k/a "spam") to any Bluetme, Inc. users.
12. You must not use domain names or web URLs in your username without prior written consent from Bluetme, Inc. Use of Bluetme‘s API is subject to a separate set of terms available here: ("API Terms").
13. You must not interfere or disrupt Bluetme or servers or networks connected to Bluetme, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
14. You must comply with Bluetme‘s Community Guidelines, available here: www.bluetme.com/communityguidelines.
15. You must not create accounts with Bluetme through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper and other robots.
1. We reserve the right to modify or terminate the service or your access to Bluetme for any reason, without notice, at any time, and without liability to you. You can deactivate your account anytime using the relevant function of Bluetme. If we terminate your access to Bluetme or you deactivate your account, your photos, contacts, bluets and all other data will no longer be accessible through your account.
4. We reserve the right to refuse access to Bluetme to anyone for any reason at any time.
6. You are solely responsible for your interaction with other users of Bluetme, whether online or offline, including messaging and blueting. You agree that Bluetme, Inc. is not responsible or liable for the conduct of any user. Bluetme, Inc. reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
7. Bluetme may contain links to third-party websites or resources. You acknowledge and agree that Bluetme, Inc. is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bluetme, Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.You agree that you are responsible for all data charges you incur through use of Bluetme.
8. We prohibit crawling, scraping, caching or otherwise accessing any content on Bluetme via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Bluetme Inc.‘s express and public consent).
9. Bluetme provides the service based on creating connections between people who mostly do not know each other and who are registered under their Nicknames (names invented by users, different from their real names). We strongly recommend to users to registrate under the Nicknames instead of using their real names. If you insist on using your own name or publish it in any way on Bluetme, or if you disclose your own name to another Bluetme user, Bluetme will not be liable to you in any case for the harm or damages caused by such publishing or disclosure.
10. Note, that we reserve the right to deactivate your account as stated in section 1 of these General Conditions especially when you registrate under somebody else’s name and use it as your own.
11. When you first create a Bluetme account, we ask for your mobile number to verify your account. Please be aware that your carrier’s text messaging and data fees apply for mobile number verification.
1. Bluetme is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Bluetme, Inc. may place such advertising and promotions to Bluetme or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4. The Bluetme, Inc. name and logo are trademarks of Bluetme, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bluetme, Inc.. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bluetme, Inc., and may not be copied, imitated or used, in whole or in part, without prior written permission from Bluetme, Inc.
5. Although it is Bluetme, Inc.‘s intention for Bluetme to be available as much as possible, there will be occasions when the functionning of Bluetme may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Bluetme, Inc. reserves the right to remove any Content from Bluetme for any reason, without prior notice. Content removed from Bluetme may continue to be stored by Bluetme, Inc., including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. You also acknowledge that the Internet may be subject to breaches of security and that your information may not be secure.
8. It is Bluetme, Inc.'s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Bluetme, Inc. does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Bluetme, Inc. is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9. You retain all ownership rights in your materials contained on or within Bluetme, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively " Content"). However, by submitting Content to Bluetme, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such data in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your Content. No use of Content shall entitle you to any compensation from Bluetme Inc., or any other companies, organizations, or individuals.
Disclaimer of Warranties
BLUETME IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BLUETME ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BLUETME, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY ACCESSING OR USING BLUETME YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE BLUETME.
BLUETME, INC. DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE BLUETME, INC. BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE BLUETME, INC. CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BLUETME, INC. OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BLUETME, INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE BLUETME, INC. BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE BLUETME, INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BLUETME, INC.'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BLUETME, INC., AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED THE BLUETME, INC.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, 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."
BLUETME, INC. IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Bluetme, Inc. can require the other to participate in an arbitration proceeding. To opt out, you must notify Bluetme, Inc. in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Bluetme, Inc., law office Wilson, Kyncl, & Khashan, 12832 Garden Grove Blvd #240, Garden Grove, CA 92843, USA
You must include your name and residence address and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Bluetme, Inc.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Bluetme, Inc. must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within Bluetme is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Bluetme, Inc. to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of Bluetme to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Bluetme, Inc. provides.
Software related to or made available Bluetme may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Bluetme. Bluetme Community Guidelines
We would like to create and maintain a community (and service) that allows people to discover, receive, share and publish content, which interests them, allowing them to find common ground with other users. Such community has to be built on the principles of mutual respect and responsibility. Our users are responsible for the content they put forth on their account. We do not censor user content, except in rare circumstances, described below. To keep the community open and functioning, please take a few moments to review the Community Guidelines.
Content guidelines – aka to post or not to post
There are some limitations to the type of content that is allowed to be published via Bluetme. The limitations are imposed mostly by legal requirements and serve to make the environment of Bluetme comfortable for users. As the rules may change from time to time (and we reserve the right to change them), we ask that you to keep checking this page every once in a while to avoid unpleasant surprises.
• Post only your own content, or content you have a permission to share
You are the owner of whatever content you decide to put up into your Bluetme account. Therefore publish, post, and share only authentic content, which you have either produced yourself (took the photo, wrote the poem, drew the picture, etc.). Don't randomly share things found on the internet, unless you have the owner's permission to do so. If you do, you might be infringing someone's intellectual property rights and risking a legal action being taken against you.
• Respect other members of the community
As it was said, we are a diverse community, where not everyone shares the same beliefs or views. Please be considerate of others when choosing what to post. Be courteous and polite in your communications. Any form of bullying, any attacks against individual private persons, or attempts on degradation or defamation will be removed and will lead to deactivation of account.
• Keep the clothes on
Although nude photos might be considered artistic or creative, it is not allowed to post them in Bluetme. The same goes for explicit sexual scenes or scenes of extreme violence. It is also not allowed to post any content (pictures or texts) which would be hateful towards an individual or a group of people or contain threats of violence or incitement to the commitment of crimes. Consider the feelings of your fellow users before posting content on your account.
• Keep it legal
Our community is not a place to exhort or praise terrorism, support organized crime or hate groups. It is also not a place for offering and sale of illegal drugs, prescription medicine or sexual services, or to promote the use of recreational drugs. Do not post such content even if in your country and jurisdiction it would be legal to do so. There is also a zero-tolerance policy in place for posting or sharing content involving underage children in sexual situations and threats of posting intimate photos of other people.
• Restricted items
If you wish to publish commercial offers to buy or sell firearms, alcohol, tobacco or adult products, keep your enterprise strictly adherent to all relevant laws and regulations. Moreover, we ask that you contact Bluetme, Inc. before starting such activity and obtain a written permission to do that. Any abuse or illegal activities will lead to immediate termination of all Services by Bluetme, Inc. and may lead to court prosecution.
• Be yourself, protect yourself
It is not allowed to impersonate other persons or entities through a Bluetme account in a manner that is potentially misleading, confusing or deceiving others. Do not use a username that is (or is similar to) a registered trademark or business name. Do not use someone else's real name as your nickname or username. You post or share your own private, personal or confidential information on Bluetme at your own risk. It is strongly discouraged. As for posting this type of information about someone else, that will lead to an immediate termination of service and deactivation of your account.
• Do not go overboard with “popular” content
While some extreme or medially popular content might bring new people to your account, keep in mind the diversity of the community and the fact that not everyone wants to see or read everything – even if it is an educational piece, or brilliant, sharp witted commentary to current events. If your bluets, or any of your other content contain realistic images of violence, self-harm or other documentary materials of a similar nature, at least warn other users with a comment or tag beforehand and give them a chance to skip whatever they don't want to see. Any content glorifying violence or seeking sadistic pleasure will be taken down and can be a reason for account deactivation.
• Keep the interactions natural and real
We want the community to foster interactions between like-minded people who would often not have a chance to meet offline. To make that possible, we encourage you to comment, message and share interesting content both for your friends, and for interested public. However, you should not use Bluetme to spam anyone. Although it is not easy to define what constitutes spamming, please avoid repeated mass messaging, mindless sharing and reposting of links and non-original content or repeated contacting of users with unsolicited commercial offers. Report and do not spread messages which might contain malware or are an attempt on phishing.
Conduct guidelines – how to navigate in case of trouble
• We are all part of the community. If you see something/someone violating the rules, let us know. It is not in our power to check all the content all the time, and therefore we rely on information from the users themselves.
• Many disputes among users can be solved by the users themselves. If anyone publishes your copyrighted material, uses your trademark or otherwise infringes your intellectual property, try first leaving a comment asking him to pull the infringing material off his account. If he does not comply, contact us.
Other information can be found in www.bluetme.com
Date Last Modified: November 11th, 2015