User Agreement

THESE ARE THE TERMS AND CONDITIONS UNDER WHICH BLUEZEPPELIN DOO OFFERS YOU ACCESS TO OUR SERVICES

Welcome to the User Agreement for BlueZeppelin.com and thank you for using our services. 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 office@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. As of March 8th, 2013, 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 DOO 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 register for our Artist's Creative Portfolio Plan. Information on our fees may be viewed at http://bluezeppelin.com/fee_policy. Changes regarding our fees 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 an option for visitors to register using their existing Facebook, Twitter or Google accounts, in which case user name and password from those accounts will be necessary to log in.

    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 BlueZeppelin.com at gallery-support@bluezeppelin.com immediately.

    You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide content that you are comfortable sharing with others under this User Agreement.

  3. Your Information

    3.1 Definition

    Any information you provide to us or other users during the registration, gallery setup or through any e-mail feature, or in any public message area (including the message 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 we do not violate any rights you might have to the information that you supply to us, you agree to grant BlueZeppelin and its users a non-exclusive, perpetual, royalty-free, sub-licensable (through multiple tiers), worldwide right to to use, collect, store, display, store, reproduce, modify, create derivative works, perform, and distribute Your Information, in any media whether currently known or unknown, with respect to Your Information. Your Information will be used by BlueZeppelin.com only as provided in our Privacy Policy.

    Following termination or deactivation of your account, or if you remove any of Your Information from BlueZeppelin, we may retain Your Information for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, BlueZeppelin and its users may retain and continue use, collect, store, display, store, reproduce, modify, create derivative works, perform, and distribute Your Information, in any media whether currently known or unknown, that other users have stored or shared through BlueZeppelin.

    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: are prohibited under this Agreement or you do not have a right to link to or to include.

    3.4 Feedback you provide

    We love hearing from our users, and are always interested in learning about ways we can make BlueZeppelin better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, BlueZeppelin does not waive any rights to use similar or related Feedback previously known to BlueZeppelin, or developed by its employees, or obtained from sources other than 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 Links, Sites, and Services

    Our Sevices may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BlueZeppelin. We do not assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from BlueZeppelin, you may do so at your own risk and you agree that BlueZepplein will have no liability arising from your use of or access to any third-party website, service, or content.

    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 at http://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. Indenity

    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 DOO, 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 international commercial arbitration rules. 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.

    Any of 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

    BlueZeppelin reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

    Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BlueZeppelin without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with BlueZeppelin in connection with the Services, shall constitute the entire agreement between you and BlueZeppelin concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

    No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BlueZeppelin's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

    The services governed by this Agreement are offered by BlueZeppelin DOO, located at Bulevar Cara Lazara 39, 21000 Novi Sad, Republic of Serbia. Fees for our services are discussed at http://bluezeppelin.com/fee_policy. Conflicts arising between you and BlueZeppelin.com pertaining to our services can be reported to Customer Support at gallery-support@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.

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