- Bluff Avenue Terms of Service - Our general terms and conditions
- Bluff Avenue Program Policies - Guidelines for using Bluff Avenue
- Personal Use. The Service is made available to you for your personal use only. You must be at least eighteen (18) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Bluff Avenue reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Bluff Avenue Program Policies ("Program Policies"), located at http://www.bluffave.com/css/ProgramPolicy.htm, or such other URL as Bluff Avenue may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Bluff Avenue; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Bluff Avenue reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. Bluff Avenue takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Bluff Avenue have any obligation to monitor such third party content. Bluff Avenue reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Bluff Avenue also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Bluff Avenue, its users and the public. Bluff Avenue will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Intellectual Property Rights. Bluff Avenue's Intellectual Property Rights.
You acknowledge that Bluff Avenue owns all right, title and interest in and to
the Service, including without limitation all intellectual property
rights (the "Bluff Avenue Rights"), and such Bluff Avenue Rights are
protected by U.S. and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter, modify,
or create derivative works from the Service. You also agree that
you will not use any robot, spider, other automated device, or manual
process to monitor or copy any content from the Service. The Bluff Avenue
Rights include rights to (i) the Service developed and provided by Bluff Avenue;
and (ii) all software associated with the Service. The Bluff Avenue Rights
do not include third-party content used as part of Service, including
the content of communications appearing on the Service.
Your Intellectual Property Rights. Bluff Avenue does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Bluff Avenue account. We will not use any of your content for any purpose except to provide you with the Service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Bluff Avenue to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Advertisements. As consideration for using the Service, you agree and understand that Bluff Avenue may display ads and other information adjacent to and related to the content of your email. Bluff Avenue may serve relevant ads using a completely automated process that enables Bluff Avenue to effectively target dynamically changing content you submit. No human will read the content of your email in order to target such advertisements or other information without your consent, and no email content or other personally identifiable information will be provided to advertisers as part of the Service.
- Account Inactivity. After a period of inactivity, Bluff Avenue reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or such other party. For more information on how Bluff Avenue deals with account inactivity, please consult the Program Policies.
- Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by going to your Account Settings and clicking "Deactivate My Account" at the bottom of the page; however, a terminated account may continue to exist for up to two business days before such cancellation takes effect. Bluff Avenue may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Bluff Avenue has previously canceled or terminated your use of the Services (in which case subsequent notice by Bluff Avenue shall not be required), if you have provided an alternate email address, Bluff Avenue will notify you via email of any such termination or cancellation, which shall be effective immediately upon Bluff Avenue's delivery of such notice. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
- Indemnification. You agree to hold harmless and indemnify Bluff Avenue, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Bluff Avenue will provide you with written notice of such claim, suit or action.