Welcome to BlueChat!
BlueChat and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit the BlueChat Site, use the BlueChat Software, use the BlueChat Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BlueChat or its content suppliers and protected by international copyright laws. The compilation of all content on this site, BlueChat Software, and BlueChat Service is the exclusive property of BlueChat, with copyright authorship for this collection by BlueChat, and protected by international copyright laws.
BlueChat trademarks and trade dress may not be used in connection with any product or service that is not BlueChat, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BlueChat. All other trademarks not owned by BlueChat or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlueChat or its subsidiaries.
LICENSE, SITE ACCESS, SOFTWARE USAGE, AND SERVICE
BlueChat grants you a limited license to access and make personal use of this site, BlueChat Software, BlueChat Service, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BlueChat. This license does not include any resale or commercial use of this site or its contents: any collection and use of any content, descriptions, text: any derivative use of this site, BlueChat Software, BlueChat Service, or its contents: any downloading or copying of account information for the benefit of another company: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BlueChat. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BlueChat and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BlueChat name or trademarks without the express written consent of BlueChat. Any unauthorized use terminates the permission or license granted by BlueChat. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BlueChat so long as the link does not portray BlueChat, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BlueChat logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, BlueChat Software, BlueChat Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website, software, or service, only with involvement of a parent or guardian. BlueChat and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to:
- intercept or monitor, damage or modify any communication which is not intended for you
- launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the BlueChat servers in a given period of time than a human can reasonably produce in the same period by using the BlueChat Software
- send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity
- expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way
- use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party
- use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights
- collect or harvest any personally identifiable information, including account names, from the Service
- impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack
STATUS, PHOTOS, VIDEOS, MESSAGES, POSTS, URLS, COMMENTS, EMAILS, AND OTHER CONTENT
Users may post status, photos,videos messages, posts, urls, comments, emails, and other content (collectively, the "User Submissions"): and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, pornographic, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BlueChat reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BlueChat and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BlueChat and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify BlueChat or its associates for all claims resulting from content you supply. BlueChat has the right but not the obligation to monitor and edit or remove any activity or content. BlueChat takes no responsibility and assumes no liability for any content posted by you or any third party.
These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not blocked. You acknowledge and agree that any of your User Submissions may be viewed by other users that have your mobile phone number. You retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, BlueChat does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. User Submissions do not necessarily represent the views or opinions of BlueChat, and BlueChat makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BlueChat to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. Please note, by submitting the User Submissions to BlueChat, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and BlueChat’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service.
ADULT CONTENT POLICY
BlueChat is considered family-safe, which means users aren't permitted to submit any content that contains pornography, adult, or mature content. If your submitted content consists of anything that you wouldn't be comfortable viewing at work or with family members around, then it probably isn't appropriate to submit to this site, software, or service. Any content that consists of pornographic images, lewd or provocative images are not allowed.
The License is effective until terminated by you or us. You may terminate your relationship with BlueChat at any time. You may simply cease to use the Service or delete our Licensed Application. BlueChat has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
In addition, BlueChat has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
- if you are in breach of the terms of this License, or
- if BlueChat reasonably suspects that you are using the Service to break the law or infringe third party rights, or
- if BlueChat reasonably suspects that you are trying to unfairly exploit or misuse any of our policies, or
- if BlueChat reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently, or
- immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of BlueChat partners
BlueChat shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
By visiting the BlueChat Site, using BlueChat Software, using BlueChat Service, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BlueChat or its associates.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Any dispute relating in any way to your visit to the BlueChat Site, or using BlueChat Software, or using BlueChat Service, shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate BlueChats intellectual property rights, BlueChat may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You will indemnify, defend and hold harmless BlueChat from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to BlueChat Site, usage of BlueChat Software, and usage of BlueChat Service. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This License is the entire agreement between you and BlueChat relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by BlueChat or otherwise with the written agreement of BlueChat.