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Terms of Service


1. Acceptance
The following user agreement (referred hereafter as “Agreement”) pertains to the online resources provided by blujay including classified ads, message boards, & email services (referred hereafter as “Service”). If you do not agree to all of the following terms or conditions, or future modifications, contained in this agreement then do not use the service.

2. Online Venue
blujay is a venue that allows users to sell their items. Because we are a venue, you agree that you are soley responsible for your interactions with other users, individuals or organizations (referred hereafter as “Participants”) found on the Service. In the event of a dispute between you and other Participants, you understand and agree that blujay is not obligated in any way to become involved. You also agree that blujay shall not be responsible or liable for any losses or damages of any kind resulting from your interactions with other Participants found on the Service. If there is a dispute between you and any Participants you hereby release blujay, it's officers, agents, employees and successors in rights from all claims, demands & damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and / or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

3. Content
Because blujay behaves as a hands off method for publishing information online, the responsibility of all text, postings, messages, images, photos, links, or other material (referred hereafter as “Content”) provided on the Service are the responsibility of the Participants providing that Content.

You agree to:

  • provide Content that is accurate, truthful, and not misleading in conjunction with using any part of the service.
  • obey all laws, statutes, ordinances, and regulations in conjunction with using any part of the service.
    list any single item or multiple items of the same type once.
  • use the service to contact a user for the sole purpose and intent of purchasing an item made available for sale by the user and explicitly not for solicitation of other services or goods by you or another party.
  • use the service to contact a user for the sole purpose and intent of selling the item as described in a wanted ad by the user and explicitly not for the solicitation of other services or goods by you or another party.

You also agree not to:

  • be fraudulant.
  • sell conterfeit or stolen items or anything which you do not have the legal right to sell.
  • provide Content which may be considered derogatory, hateful, defamatory, libelous, threatening, harassing, pornographic (including all adult/mature related material) or obscene.
  • provide Content which contains spam, pyramid schemes, advertisements of any kind, referral codes, or solicitations of services or goods not immediately available or which require a deposit for preorder.
  • provide Content which contains harmful computer code such as viruses, trojan horses, or worms.
  • impersonate another person or misrepresent your affiliation with a third party, be it a person, business or otherwise.
  • use robots, crawlers or other automated means of collecting data without express written permission.
  • perform any action which uses or may use at our sole discretion an unreasonable amount of blujay's system resources or cause a slowdown of the service for other users.

Ads may not include or link to:

  • Pornography, adult or mature content
  • Violent content
  • Content related to racial intolerance or advocacy against any individual, group or organisation
  • Excessive profanity
  • Hacking/cracking content
  • Gambling or casino-related content
  • Illicit drugs and drug paraphernalia content
  • Sales of beer or hard alcohol
  • Sales of tobacco or tobacco-related products
  • Sales of prescription drugs
  • Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns, BB guns, air guns, blow guns)
  • Sales of products that are replicas or imitations of designer goods
  • Sales or distribution of digital content which infringe on the legal rights of the content owner
  • Sales of financial products & precious metal coins or bullion (e.g. stocks, bonds, & securities)
  • Sales or distribution of coursework or student essays
  • Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
  • Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others

Any violation of the above guidelines may lead to item removal and/or account suspension.

blujay also reserves the right to disallow, remove or move Content for any infraction of the above conditions or for any reason whatsoever.

By posting Content to any area of the Service you agree to grant to us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sublicensable (through multiple tiers) license to use, distribute, publish, perform, and copy said Content. Any Content used by blujay will be used in accordance with our Privacy Policy.

4. Spam Policy
blujay expressly prohibits the sending of unsolicted emails to blujay users through the Service which will use or cause to be used servers located in California. Any unauthorized use of the blujay computer system is a violation of the Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Violations of said laws may subject the sender and his or her agents to civil and criminal penalties.

5. Termination of Service
blujay at it's sole discretion has the right to terminate your access to the Service and remove any Content in the Service if at it's sole discretion any terms of the Agreement have been violated, or for any other reason. blujay shall not be liable to you or any third party for any termination of your access. Sections 2, 3, 4, and 6-11 shall survive the termination of this Agreement.

6. Proprietary rights
All Content published on the Service is protected by copyright, pursuant to copyright laws and international convention. Additionally, any reproduction, modification, publication, distribution, redistribution, transmission, transfer, sale, display or exploitation of the Content on the Service, whether in whole or in part, constitutes a violation of federal or common law and is prohibited.

7. NO WARRANTY
THE BLUJAY SITE AND SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL BLUJAY, IT'S OFFICERS, AGENTS, EMPLOYEES AND SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM ERRORS, OMISSIONS, DELAYS OR OTHER CAUSE OF ACTION THAT MAY BE ATTRIBUTED TO YOUR USE OF THE SERVICE, INFORMATION, ADVICE OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR BLUJAY SITE. Some states do not allow the disclaimer of limitation of liability, so the foregoing disclaimer may not apply to you.

9. Legal Compliance
You shall comply with all applicable domestic and international laws, regulations and ordinances applicable to your use of the Service under this Agreement. You agree that blujay is not liable for results caused by your or other participant's failure to comply with all domestic and international laws, regulations and ordinances applicable to activities under this Agreement.

10. Indemnity
You agree to indemnify and hold blujay, its officers, agents, employees, and successors harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, violation of this Agreement or any breach of your representations and warranties set forth above.

11. Governing Law
This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Los Angeles shall have jurisdiction to hear any dispute under this Agreement.

 



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