User Agreement
THESE ARE THE TERMS AND CONDITIONS UNDER WHICH BLUEZEPPELIN LLC
OFFERS YOU ACCESS TO OUR SERVICES
Greetings and welcome to the User Agreement for BlueZeppelin LLC. In this agreement, you will find the terms and conditions under which our services at www.BlueZeppelin.com (hereinafter "Site") are available to you. You must agree with the terms and conditions of this Agreement before you can use or access our Site. Any questions or comments should be directed to us via useragreement@bluezeppelin.com. All terms and conditions as laid out in this User Agreement and the Privacy Policy (a separate document) shall be considered legally binding. Prior to joining BlueZeppelin.com, you must read, agree with, and accept all such terms and conditions. By visiting and/or registering with BlueZeppelin.com, you are expressly agreeing to be bound by the terms and conditions of this Agreement. If you do not accept all terms, conditions and provisions of this Agreement you may not use our services in any manner whatsoever. This Agreement may be altered at any time by posting the revised terms and conditions on our Site. All modified terms and conditions should be considered automatically in effect after they are first posted on our Site. We will also notify you by e-mail of any such changes. This Agreement may not be otherwise amended except in writing signed by you and BlueZeppelin LLC. As of November 1st, 2008, this Agreement is effective for all newly registering as well as registered users.
1. Membership Eligibility
Only individuals, parties, or legal entities capable of forming legally binding contracts under applicable laws are eligible for our services. Minors, temporarily barred, or permanently suspended BlueZeppelin.com members are not eligible for such services. Only minors who have obtained parental or guardian consent may use this service. We request that ineligible users not take advantage of our services. It is the policy of BlueZeppelin LLC that your account (including feedback) and User ID will not be sold or provided to a third party. If registering as a business entity, it will be assumed that you have the authority necessary to bind the entity to this Agreement.
2. Fees and Services.
2.1 Fees. It is free to join BlueZeppelin.com
Fees are only applicable for users that rent gallery space. Information on our fees is set forth in our Fee Policy, which policy is specifically incorporated into this Agreement by reference. The Fee Policy may be viewed at (http://www.bluezeppelin.com/fee_policy). Changes regarding our Fees Policy and costs for services may be made at the sole discretion of BlueZeppelin.com. We shall provide at least two (2) weeks' notice before the alterations take effect by posting the changes on our Site. However, fees for services may be temporarily changed for promotional purposes without advance notice. Such changes will take effect as soon as the promotional event is posted on the announcements board. 2.2 Services. In order to use BlueZeppelin.com services one needs to register. One may do so by providing name, requested user name and password. Ones registered, user name and password are necessary for you to log in. BlueZeppelin.com provides all of the members with an option of purchasing gallery hosting services. By purchasing one of the galleries, user will be able to use the proprietary and licensed technology incorporated in the BlueZeppelin.com Services to build and maintain its web site. BlueZeppelin.com subscription plans include a multi-page galleries and 6,12, 30 artwork pictures depending on the size of the gallery chosen. Plan also includes personalized bluezeppelin.com web address matching user name, all hosting services and unlimited access to the Gallery Editor. If you are given a password and user name, you are entirely responsible if you do not maintain the confidentiality of the password or user name. If you learn that this password has been compromised, you must notify Customer Service immediately.
3. Your Information
3.1 Definition
Any information you provide to us or other users in the registration, listing, or bidding process, through any e-mail feature, or in any public message area (including the Chat or feedback areas) constitutes "Your Information". BlueZeppelin.com acts as a passive conduit for the online distribution and publication of Your Information and you alone are responsible for this information.
3.2 License
So that BlueZeppelin.com does not violate any rights you might have to the information that you supply to us, you agree to grant us a non-exclusive, perpetual, royalty-free, sub-licensable (through multiple tiers), worldwide right to exercise the copyright, database, and publicity rights you have in Your Information, in any media whether currently known or unknown, with respect to Your Information. Your Information will be used only by BlueZeppelin.com in as provided in our Privacy Policy.
3.3 Restricted Activities
Your Information and any items you have posted on our Site, as well as any and all activities you engage in on this Site shall not: (a) violate any third party's trademark, patent, copyright, trade secrets or other proprietary rights, or rights of publicity or privacy; (b) be harassing, unlawfully threatening, defamatory, or trade libelous; (c) employ viruses, time bombs, easter eggs, worms, Trojan horses, cancel bots, or any other kind of computer programming routines that can harm, intercept, interfere, or expropriate any system, data, or personal information; (d) break any law, ordinance, or statute (including, but not limited to, those regulating false advertising, consumer protection, unfair competition, export control, or anti-discrimination); (e) be inaccurate, misleading, or untrue; (f) be fraudulent in any way; (g) involve the sale of stolen or counterfeit items; (h) be obscene, contain child pornography, or if otherwise adult in nature, be detrimental to minors; (i) create a liability for us or risking the loss of the services of our ISPs or other suppliers; and (j) link directly or indirectly to or include descriptions of items or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have listed for auction but are priced lower than your stated reserve or minimum bid amount; (cc) are listed for sale on a Site other than BlueZeppelin.com (though linking to or advertising a BlueZeppelin.com item from another Site is permitted); or (dd) you do not have a right to link to or include. Additionally, no item may be listed on the Site (or any transaction completed that was achieved through our service) that, by paying the listing fee or the final value fee to us, may cause us to break any applicable law, regulation, statute, or ordinance, or which item is prohibited from being listed on this Site as specified in our List of Prohibited Items:
- List of Prohibited Items
- Alcohol
- Animals
- Counterfeit Items
- Drugs and Drug Paraphernalia
- Embargoed Goods
- Firearms
- Fireworks
- Food
- Hazardous Materials
- Human Parts and Remains
- Offensive Material
- Plants and Seeds
- Stolen Property
- Surveillance Equipment
- Weapons and Knives
List is to be updated periodically without prior notice. Therefore, if you suspect of listing an questionable or prohibited item please check this list periodically. Thank you.
4. Access and Interference
4.1 Access
All materials on this Site, including items offered for sale and their copyrights, patents, trademarks, and licensing arrangements, are in no way guaranteed by BlueZeppelin.com to be appropriate or available for use in locations across the world. Anyone choosing to access this Site, does so on his or her own initiative and is responsible for compliance with local laws to the extent that they are applicable. No matter where the buyer may reside, title to the merchandise shall pass to the buyer upon delivery of the item(s) to a common carrier.
4.2 Third Party Information
You agree not to take actions that will create an excessively large or unreasonable load on our infrastructure. Much of our information is updated on a real time basis and is proprietary or licensed to us by users or third parties. You agree to not modify, copy, alter, reproduce, create derivative works, or publicly display any content (excluding Your Information) from this Site without first obtaining express written permission from BlueZeppelin.com or the appropriate third party.
4.3 Robot Exclusion Headers
Our Site uses robot exclusion headers and by using our Site you agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or content before obtaining our express written permission. You agree to not use any software, device, or routine to bypass our robot exclusion headers or interfere or attempt to interfere with the proper functioning of our Site or any activities conducted on our Site.
5. Breach
BlueZeppelin.com shall have the right, among others to immediately alert the community to your behaviours or actions, remove the listing of the items you have posted on our Site, temporarily suspend, indefinitely suspend or terminate your membership and exclude you from our services if: (a) we are incapable of verifying or authenticating information that you give to us; (b) we feel your actions could potentially cause financial harm or legal liability for our users, you, or us; or (c) you violate or otherwise breach any of the terms and conditions of this Agreement or other documents to which this Agreement refers. You acknowledge that in addition to these remedies, BlueZeppelin.com may pursue any other remedy it deems necessary.
6. Privacy
Your privacy is very important to us and we recognize that the protection of our users' privacy is a highly valued community principle. You and Your Information are important assets. Your Information is stored and processed only on computers located in the United States that are safeguarded by physical and technological security devices. Third parties are used to verify and certify our privacy policy. Your personal information will not be sold or rented to third parties for marketing purposes without your permission. Your information will only be used as described in the Privacy Policy. Our current Privacy Policy is available (http://www.bluezeppelin.com/privacy_policy). Should you object to the way or manner in which Your Information is transferred or used, you should not use our services. By using our Site and our services, you acknowledge that you have reviewed our Privacy Policy and are agreeable with its terms and content.
7. No Warranty
WE, OUR EMPLOYEES, AGENTS, SERVANTS, SUBSIDIARIES, AND SUPPLIERS PROVIDE THIS SITE AND ITS ASSOCIATED SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES, AGENTS, SERVANTS, SUBSIDIARIES, AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. As certain states will not permit the disclaimer of implied warranties, this disclaimer may not be applicable to you. This warranty specifies certain legal rights to which you are entitled. You may also be eligible other applicable legal rights varying from state to state.
8. Liability Limit
UNDER NO CIRCUMSTANCES SHALL WE, OUR EMPLOYEES, AGENTS, SERVANTS, SUBSIDIARIES, OR SUPPLIERS, BE HELD AT FAULT FOR FINANCIAL LOSS OR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES, SUBSIDIARIES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY EVENT IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE ACTION LEADING TO LIABILITY. As certain states will not permit exclusion or limitation of consequential or incidental damages, the previously defined limitation or exclusion may not be applicable to you.
9. Indemnity
You agree to indemnify and hold us and, if applicable, our parent, subsidiaries, affiliates, employees, officers, agents, servants and directors harmless from any and all claims or demands whatsoever (including reasonable attorneys' fees) made by any third party as a result of or in any way related to your breach of this Agreement or the documents to which it refers, or your violation of the rights of a third party or any law.
10. Legal Compliance
Compliance with all applicable domestic and international laws, ordinances, statutes, and regulations concerning your use of our service and your bidding on, purchase, listing, solicitation of offers to purchase, and sale of items is required.
11. No Agency
You and BlueZeppelin.com are independent contractors. You acknowledge that no partnership, agency, joint venture, franchiser-franchisee or employer-employee relationship is created by this Agreement.
12. Notices
Unless otherwise provided, all notices should be given by postal mail to BlueZeppelin LLC, Bulevar Cara Lazara 39, 21000 Novi Sad, Serbia (in the case of BlueZeppelin.com) or to the e-mail address you gave to BlueZeppelin.com during the registration process (in your case). Notice will be considered given 24 hours after e-mail is sent, unless the sending party is notified of an invalid e-mail address. We may instead choose to notify you by certified mail, postage prepaid and return receipt requested, at the address you gave during the registration process. If this is the case, notice will be considered given 3 days after the mailing date.
13. Arbitration
Except as otherwise provided in this section, legal controversies or claims pertaining to this Agreement or our services shall be settled by binding arbitration according to the commercial arbitration rules of the American Arbitration Association. All such controversies or claims will be arbitrated individually, and will not be consolidated in any arbitration with any claim or controversy of any other party. Such arbitration shall be held in Novi Sad, Serbia, and the decision rendered on the arbitration award can be entered into any court having jurisdiction thereof. If one party files an action contradicting these terms, the other party can recoup attorney's fees and costs up to $1000.00. Notwithstanding the foregoing, any legal action taken by BlueZeppelin.com in an effort to obtain our fees and/or recover damages for, or win an injunction relating to, the BlueZeppelin.com intellectual property, Site operations, and/or services shall not be subject to binding arbitration.
14. Additional Terms.
BlueZeppelin.com reserves the right to terminate each user account without prior or later notice, for a reason of keeping website’s content quality level. All the fees will be returned to the user, for any unused time period.
The following policies are incorporated into this Agreement by reference and, where applicable, furnish supplementary terms related to specific services that are offered on this Site: Privacy Policy: (http://www.bluezeppelin.com/privacy_policy),
Any of these policies may be changed at the sole discretion of BlueZeppelin.com and, except for the Privacy Policy, will be effective as soon as the changes are posted on our Site. You will be given forty-five days prior notice of any changes to the Privacy Policy. Additionally, you agree that you are subject to any posted rules or policies that are applicable to the particular services you are using on our Site. These rules and/or policies may be amended at any time. All posted rules or policies are incorporated by reference into this Agreement.
15. General
This Agreement has been made and executed and is intended to be performed in the Republic of Serbia, and the law of that state shall govern the interpretation and enforcement of the Agreement. Captions introducing paragraphs are provided solely for convenience in reading and are not to be used in construing or interpreting the Agreement. In the event that one or more of the provisions or clauses of this Agreement is found to be unenforceable for any reason, such provision or clause shall be deemed to be severed from the Agreement, and the Agreement shall otherwise remain in full force and effect and shall in no way be affected, impaired or invalidated. You hereby acknowledge that as operation of our Site may be interfered with or impeded by innumerable conditions beyond our control, we cannot guarantee uninterrupted, secure, or continuous access to our services. In the event of a merger or acquisition, BlueZeppelin.com can assign this Agreement and all incorporated agreements to a third party at our discretion. Failure by us to act upon a breach by you or others does not relinquish our right to act on similar or subsequent breaches. This agreement represents the entire understanding of the parties, and neither party shall be bound by any terms and conditions not expressly set forth in this: Sections 2 (Fees and Services) regarding fees owed for our services, 3.2 (License), 4 (Access and Interference), 8 (Liability Limit), 9 (Indemnity) and 13 (Arbitration) shall survive any termination or expiration of this Agreement.
16. Disclosures
The services governed by this Agreement are offered by BlueZeppelin LLC, located at Bulevar Cara Lazara 39, 21000 Novi Sad, Republic of Serbia. Fees for our services are discussed at (http://www.bluezeppelin.com/fee_policy) Conflicts arising between you and BlueZeppelin.com pertaining to our services can be reported to Customer Support at customersupport@bluezeppelin.com. We strongly urge you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.