Blueflix Terms of Use
Blueflix is an online marketplace for Royalty-Free Licensing of Marine Life and Underwater stock footage.
Welcome to the Blueflix website. The following terms and conditions of use govern your access to, use of and activities on the www.blueflix.com website (collectively, the “Website”). The Website is owned and operated by IN2 Focus Media (collectively referred to as "Blueflix", “we” and “us”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies including, without limitation, Blueflix's privacy policy and procedures that may be published from time to time on the Website by Blueflix (collectively, "Terms of Use").
Please read these Terms of Use carefully before accessing, establishing an account, or using the Website. These Terms of Use limit Blueflix’s liability and may substantively affect your rights. By accessing or using the public or private portions of the Website, you accept and agree to be bound by these Terms of Use, and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify Blueflix for violations of these Terms of Use. If you do not have such authority or you do not agree with these Terms of Use, do not access or use the Website.
Changes to Legal Terms
Blueflix may change these Terms of Use and the guidelines, policies, restrictions and agreements on the Website at any time and from time to time without notice. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on the Website periodically. Your continued access to or use of the Website after any such changes are posted will constitute your acceptance of and agreement to the changes.
Content and Other Materials
Blueflix provides an online marketplace where people may submit and upload at the Website a variety of video footage, generated digitally, so the same may be downloaded by and licensed to users, members, registrants and licensees of the Website. Unless otherwise indicated, all of the content featured or displayed on the Website, including, but not limited to video footage and sound, and the selection and arrangement thereof ("Blueflix Content"), is owned by Blueflix, and/or its licensors, and all rights are reserved. All elements of the Website, including the Blueflix Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Your Personal Data
Blueflix is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information. Please see our Privacy Policy for further details.
Registration Data and Account Security
In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Blueflix immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Use of the Website
The Website and Blueflix Content are intended for customers of Blueflix. You may not use the Website or the Blueflix Content for any purpose not related to your business with Blueflix. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Blueflix Content without, or in violation of, a written license or agreement with Blueflix; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Blueflix Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Blueflix product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Website or the Blueflix Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Website or any system resources, services or networks connected to or accessible through the Website; (g) selling, licensing, leasing, or in any way commercializing the Website or the Blueflix Content without specific written authorization from Blueflix; and (h) using the Website or the Blueflix Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Indemnification
You agree to defend, indemnify and hold harmless Blueflix, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Blueflix Content, or your violation of any rights of another.
Disclaimer
The Website, including without limitation the Blueflix Content, are provided "as is" and Blueflix and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Blueflix will not be liable for any damages of any kind arising from the use of the Website or the Blueflix content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not Blueflix, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the Blueflix Content. We make no warranty that the Website or the Blueflix content is free from infection by viruses or anything else that has contaminating or destructive properties. Blueflix uses reasonable efforts to ensure the accuracy, correctness and reliability of the Blueflix Content, but we make no representations or warranties as to the Blueflix Content's accuracy, correctness or reliability.
Blueflix offers a search feature within the Website. Blueflix explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Blueflix also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Information on the Website or in the meta data attached to the Licensed Video Clip(s) may contain technical inaccuracies or typographical errors. Blueflix attempts to make its descriptions as accurate as possible, but does not warrant that the content of the Licensed Video Clip(s) is accurate, complete, reliable, current, or error-free.
Limitation of Liability
In no event shall Blueflix, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the Blueflix Content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Blueflix, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Blueflix records, programs or services. In no event shall the aggregate liability of Blueflix, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to Blueflix for access to or use of the site.
Website Availability
Because public networks, such as the Internet, occasionally experience disruptions, Blueflix cannot guarantee the Website will be available 100% of the time. Although Blueflix strives to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and Blueflix disclaims any liability for damages resulting from such problems.
Applicable Law and Venue
Any dispute relating in any way to your use of the Website or the Blueflix Content shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Blueflix’s intellectual property rights, Blueflix may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's 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 these Tems of Use shall be joined to an arbitration involving any other party subject to the Website Terms, whether through class arbitration proceedings or otherwise.
Termination
Notwithstanding any of these Terms of Use, Blueflix reserves the right, without notice and in its sole discretion, to terminate your account or to block your use of the Website.
Questions and Contact Information
If you have any questions, comments or concerns regarding these Terms of Use, blueflix.com or its content, products or services, technical dilemmas you may be experiencing, or any other part of the Blueflix experience, please email us at support@blueflix.com
Last Updated: October 27, 2021