Effective Date: December 9, 2013
Welcome to Bluecoat.com (the “Site” which includes, without limitation, any associated forums, blogs, or other informational sites such as http://sitereview.bluecoat.com
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SERVICES AND/OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, YOU HAVE AGREED TO BE BOUND BY THE TOU AND ANY ADDITIONAL TERMS THAT MAY APPLY TO YOUR USE OF THE SITE.
RIGHT TO ACCESS
You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Site.
On certain pages of the Site, Blue Coat may allow you to post or submit content, information, or material (the “Contributor Material”) to or through the Site. By providing Contributor Material, you are affirming that you are at least 18 years old, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions of the TOU and that you agree you will comply with the TOU.
The Site, and third parties referenced on the Site, may provide links to other websites or resources. Because Blue Coat has no control over such websites or resources, you acknowledge and agree that Blue Coat is not responsible for the availability of such external websites or resources. Blue Coat does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Blue Coat assumes no responsibility for the content or privacy policies of third-party websites or the practices in which they engage. By using the Site, you expressly waive any rights, claims or liability against Blue Coat from your use of any third-party websites.
The Site is proprietary to Blue Coat or its licensors or suppliers. You acknowledge and agree that: (a) the Site is protected under U.S. and international copyright and other intellectual property laws; (b) Blue Coat and its licensors retain all copyrights and other intellectual property rights in the Site; (c) there are no implied licenses under this TOU and all rights are reserved by Blue Coat or its licensors or suppliers; and (d) you acquire no ownership or other interest in or to the Site. You agree that any suggestions, comments or other feedback provided by you to Blue Coat with respect to the Service (“Feedback”) shall not be deemed to constitute confidential information of you or impose any confidentiality obligations on Blue Coat. Blue Coat shall be free to use, disclose, reproduce, license or otherwise distribute and exploit anonymized Feedback without any obligation, restriction or duty to account. You acknowledge and agree that Blue Coat or Blue Coat's licensors own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
The term “Site Content” means all information, text, pictures, sound, graphics, video, data and other content provided by Blue Coat, its licensors, and third parties displayed on the Site.
You are authorized to access and use the Site and the related Site Content as set forth in the TOU, provided that: (i) your use of the Site and Site Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site and/or Site Content without Blue Coat’s prior written approval; (iii) you will not alter, adapt, or otherwise modify any part of the Site and/or Site Content; and (iv) you will otherwise comply in full with the terms and conditions of the TOU.
The following are examples of activities that you shall not engage in nor will you encourage or facilitate others to engage in such activities. These examples shall in no way be construed as an exhaustive list of prohibited activities:
- Reformat and display any Site Content;
- Mirror any Site on yours or a third party’s website;
- Access or attempt to access the Site through any automated means such as: (i) accessing the Site through the use of scripts, scrapers, bots, spider, web crawlers or a ‘meta search', or (ii) using any software which sends queries to the Site to obtain Site Content;
- Copy, store, sell, rent, lend, lease distribute, or timeshare the Site and/or Site Content;
- Alter or remove any marks or proprietary legends contained in the Service;
- Circumvent or otherwise interfere with any authentication or security measures of the Site;
- Interfere with or disrupt the integrity or performance of the Sites;
- Transmit through or provide to the Site unlawful, libelous, tortious, infringing, or defamatory material;
- Transmit through or provide to the Site material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs;
- Modify, translate, or create derivative works based on any element of the Site and/or Site Content;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; and/or
- Collect or store personal data about other users.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Blue Coat reserves the right to investigate any event or occurrence which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
With respect to all communications you make to Blue Coat, including but not limited to Contributor Material, feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Blue Coat shall have no obligation to protect your communications from disclosure; (ii) Blue Coat shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Blue Coat shall be free to use any Contributor Material, ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
As between you and Blue Coat, you shall retain all of your ownership rights in and to the Contributor Materials. However, by submitting Contributor Materials to Blue Coat, you hereby grant Blue Coat a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the Contributor Materials, in whole or in part, including future rights that Blue Coat (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your Contributor Materials through the Site, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such Contributor Materials, in whole or in part, to the extent permitted by the Site under these TOU. Blue Coat will have the right to refuse, remove, or delete any user-generated content, including without limitation, that which Blue Coat considers to violate the TOU or to otherwise be illegal or objectionable.
CONTRIBUTOR MATERIAL SUBMISSION POLICY
You agree that, with respect to any Contributor Material you submit, you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Blue Coat all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and/or (iv) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You understand and agree that Blue Coat is not responsible for the content of Contributor Material, (b) has no obligation to remove any Contributor Material, and (c) has sole discretion to determine whether any Contributor Material violates the TOU and to take action or inaction based on that determination.
YOUR ACTIVITIES AND ACCOUNT
You represent that any information you post or provide to Blue Coat by means of this Site, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith. You are fully responsible for all of your activities relating to the Site and the Contributor Material you post, and you shall bear all risks regarding the use of the Site and any Site Content.
If you are provided with an account, you agree that you are solely responsible for the activities that occur on your account, and you shall safeguard your account passwords. You must notify Blue Coat of any breach of security or unauthorized use of your account. You acknowledge and agree that Blue Coat may preserve Contributor Material and any other information if Blue Coat is required to do so by law or in the good faith belief that such preservation and disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce the TOU; (iii) respond to claims that any Site Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Blue Coat, its users and the public.
EXPORT AND IMPORT LAW COMPLIANCE
Use of the Service may be subject to laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations in connection with your use of the Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BLUE COAT MAKES NO WARRANTY THAT THE SITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS. ALL SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. BLUE COAT DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
NOTWITHSTANDING ANY OTHER TERMS HEREIN, BLUE COAT SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR USE OF THE SITE COMPLIES WITH APPLICABLE LAWS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE.
NOTHING IN THESE TOU SHALL EXCLUDE OR LIMIT BLUE COAT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU. BLUE COAT'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BLUE COAT, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE MATTERS GOVERENED BY THIS TOU, YOUR USE OR MISUSE OF THE SITE, OR YOUR RELIANCE ON SITE CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE. IN THE EVENT THAT THIS LIMITATION IS SUPERSEDED BY APPLICABLE LAW, THE MAXIMUM AMOUNT OF DAMAGES YOU MAY OBTAIN AGAINST BLUECOAT SHALL BE LIMITED TO $50.00 USD.
LIMITED TIME TO BRING YOUR CLAIM
You agree that any cause of action arising out of or related to the Site brought on by you must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to indemnify and hold Blue Coat and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or Site Content, including any Contributor Material you submit, post to or transmit through the Site, your violation of these TOU, or your violation of any rights of another.
You agree that, with or without notice, Blue Coat may in its sole discretion terminate your use of the Site and remove and discard your Contributed Materials, for any reason, including if Blue Coat believes that you have violated or acted inconsistently with the letter and spirit of the TOU. Blue Coat may also in its sole discretion and at any time discontinue the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the TOU may be effected without prior notice. You acknowledge and agree that Blue Coat may bar any further access by you to the Site. Further, you agree that Blue Coat shall not be liable to you or any third party for terminating your access to the Site.
Blue Coat may collect, maintain, process and use data as set forth in Blue Coat’s Website Privacy Statement, which Blue Coat may amend from time to time.
We post legal notices on pages of the Site. The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of Blue Coat or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of Blue Coat is granted to or conferred upon you.
Blue Coat respects the intellectual property of others through its use of the Site, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Blue Coat.com and/or others.
If you are a copyright owner or an agent thereof and believe any Site Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blue Coat’s Designated Copyright Agent to receive notifications of claimed infringement is: Matthew MacKenzie, 384 Santa Trinita Avenue, Sunnyvale, CA 94085, (408) 220-2200, (408) 220-2175 (fax), [email protected] Please send only DMCA notices to our Designated Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
Please note that alternative terms may apply to certain domains, sites, and services owned by Blue Coat. For example, Blue Coat’s K9 Safe Search located at http://k9safesearch.com is governed by the terms on that site.
The TOU constitutes the entire agreement between you and Blue Coat relating to your use of our Site and Site Content.
The TOU and the relationship between you and Blue Coat shall be governed by the laws of the California without regard to any conflict of law provisions. You and Blue Coat agree to the personal and exclusive jurisdiction and venue of the State and Federal courts in California in all disputes arising out of or relating to this TOU, the Site and Site Content. The failure of Blue Coat to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. Should any part of the TOU be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the TOU had been eliminated.