Welcome to the www.bluemasters.ca website (the “Website”), a website owned by Web Lite Translation Corp. (“Web Lite”, “BlueMasters” and sometimes referred to as “we”, “us” or “our”). This Website is provided solely to assist visitors in gathering and sharing home maintenance and renovation information, posting industry news and product information, engaging in interactive user forums, posting recommendations and tips, and posting photos and videos and for no other purpose.
This Agreement, among other things, describes your access and use of the Website and related services offered by BlueMasters on or through the Website (the “Services”), including various terms, conditions and restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use. This Agreement also limits our liability, limits your remedies against us and disclaims various representations, warranties, conditions and assumptions that may ordinarily apply to your access and use of the Website.
Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
1. GENERAL PRINCIPLES
BlueMasters welcomes members to share their knowledge and experience as it relates to home maintenance and renovations by uploading content and sharing it through posts and by participating in discussion forums. We believe the best way to maintain a quality website and community membership is to provide a platform which is transparent and where members can exchange ideas and offer unbiased opinions.
BlueMasters values freedom of expression on our site but we do not guarantee the right to free speech. We believe our community will thrive when there is freedom to present what you want, but not at the expense of others.
By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.
Access to certain functionalities of the Site will require you to register with and/or provide certain information to BlueMasters. If and when you register with or provide information to BlueMasters, you warrant that (a) all information supplied by you on this Website is true, accurate, current and complete, (b) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (c) maintain and update your information (including your email address) to keep it accurate, current and complete.
You are solely liable for any misstatements and/or misrepresentations in conjunction with the Registration Data or with respect to any postings or listings created and/or posted. You acknowledge and understand that we may rely on your Registration Information and, in doing so, assume that it is accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement.
Home maintenance and renovation suppliers, service providers or professionals may elect to register as a business and create a business profile on BlueMasters. Subject to the terms of this Agreement, such users can use the features made available by BlueMasters to promote their business on the Site.
4. USE OF THIS WEBSITE
This Website is operated in the province of British Columbia, Canada. To the extent you are not a resident of the province of British Columbia (Canada), you are solely responsible for ensuring that use of this Website and any Services is lawful in and permitted by the laws of the jurisdiction in which you reside or are domiciled. Your right to access and use the Website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.
You understand that you are solely responsible for ensuring that materials that you post on the Website comply with all applicable laws and this Agreement, regardless of whether such postings are public or private in nature.
You understand and agree that you are personally liable for anything you communicate on the Website, including without limitation, communication of defamatory, libellous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, “Prohibited Content”). You shall not post any Prohibited Content on the Website or use the Website or any Service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content. Without limitation to the foregoing, when posting Content you shall use your best efforts to ensure such Content is truthful, accurate and complete and otherwise complies with the requirements of this Agreement. You acknowledge and understand that any review, feedback, testimonial, endorsements, comment, rating, ranking or other similar Content that you may post or submit relating to any contractor, supplier or service provider is subject to authentication and verification and that BlueMasters may, in its sole discretion temporarily or permanently remove such Content if it believes, in its sole opinion, that such Content is inaccurate, untruthful or incomplete, or if BlueMasters determines in its sole opinion that it has any form of legal, financial or other exposure in terms of such Content. In this respect, BlueMasters may require that you provide satisfactory evidence of the underlying engagement and/or of the accuracy, truthfulness and completeness of such Content.
You understand and agree that you are personally responsible for complying with any applicable laws and complying with (and not infringing upon) any third party rights, including, without limitation, any personality rights, privacy rights, proprietary rights and trade secrets. Without any limitation to the generality of the foregoing, you shall not post any confidential information nor any information or other materials protected by copyright without the written permission of the copyright owner. By posting any Content, you represent and warrant that: (i) such material is in your lawful possession and can be disclosed, published, republished and communicated without restriction; (ii) to the best of your knowledge, the information contained in such Content is accurate in all material respects; and (iii) you own the copyright with respect to such Content or that you have received the written permission to post such materials on this Website from the copyright owner. In addition, you grant BlueMasters and users of this Website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such Content and any information, idea or invention encompassed therein or extractible therefrom.
You shall not engage in any conduct which may be illegal or otherwise prohibited. Without any limitation to the generality of the foregoing: (i) you shall not engage in any concerted activity that may be construed as resulting in an “unreasonable restraint of trade”; (ii) you shall not engage in any concerted activity that may be construed as constituting unlawful interference with a party’s economic interests; (iii) you shall not engage in any concerted activity that may be construed as constituting an inducement directed at an entity to breach such entity’s contractual obligations; (iv) you shall not post any financial information, medical information or other personal information about a specific, identifiable individual without such individual’s prior written consent; (v) you shall not attempt to delete or revise postings by any other person, nor will you impersonate any other person.
You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. BlueMasters accepts no responsibility for the opinions, advice, statements and/or information posted on this Website.
You agree not to reproduce, duplicate, harvest, copy, sell, resell or exploit for any commercial purposes, the Website, any Content and/or Service, whether in whole or in part.
You will not use the Website or any Service for any storage or archival purposes. Such content posted or otherwise stored on the Website may be removed and/or deleted at any time at BlueMasters’ sole discretion without any liability to you.
You agree that any violations of the Agreement and/or any code of conduct that may relate to the use of the Website or of any Service (as same may change from time to time), including, without limitation, the posting of Prohibited Content, and/or the posting of Feedback and/or other Content that is not authentic, truthful, accurate and/or complete, or otherwise fails to comply with the requirements of the Agreement, may be disclosed to users of the Website and/or may be associated with and/or included in your Account and/or Profile.
You shall not express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance.
You shall not take any action or actions that are contrary to BlueMasters’ public image, goodwill or reputation.
You shall not distribute any virus, worm or other similar or deleterious files, scripts or programming routines.
You shall not involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way Canada’s anti-spam legislation (CASL) or equivalent, applicable, foreign law.
5. USER PRIVACY AND SECURITY POLICY
You recognize and agree that although BlueMasters’ security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, BlueMasters shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website and/or any Service.
You must not attempt to violate the security of the Website, including without limitation:
(i) attempting to log into an account or server which you are not authorized to access or
(ii) attempting to interfere with the operation of the Website and/or the delivery of the Services including, without limitation through means of a virus or flooding or otherwise overloading the Website’s servers, or by any other similar or dissimilar means.
6. PREMIUM MEMBERSHIP
You acknowledge and understand that although you may register as a member of the Website for free, many Services are limited to Premium members.
Premium membership subscriptions are either purchased for a 6 month or 12 month contract term (“Term Membership”). Should you purchase a Term Membership, it will automatically be renewed for a renewal term equal to the original term unless you terminate your Term Membership (as provided under the Agreement) prior to the expiration of the then current term or renewal term.
7. PAYMENT OF FEES FOR PREMIUM MEMBERSHIP
Fees for a Term Membership will be charged to a credit card for which you are an authorized user (such credit card and any other substitute or replacement card is referred to as the “Credit Card”). You will be asked to provide credit card information when you register as a premium member. Likewise, if you wish to renew or extend your premium membership period, or order Services that generate a fee, you will be asked to provide credit card information. For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction (such information is retained by the certified payment gateway and may be used for future authorized transactions).
You may either elect to purchase a 6 month Term Membership with monthly payments, or a 6 or 12 month prepaid Term Membership. If you purchase a Term Membership with monthly payments, the monthly fee is payable in advance of each subscription month. If you have purchased a 6 month or 12 month prepaid Term Membership, the fee for such prepaid term is payable prior to the beginning of the first subscription month.
Any renewal of a Term Membership with monthly payments will be at the fees that are in effect at the time of such renewal. Any renewal of a prepaid Term Membership will be at the fees in effect when the prepaid Term Membership was first purchased. The fees for the renewal of a prepaid Term Membership will be charged to the Credit Card as well the monthly fees for any Term Membership with monthly payments (which will continue to be payable in advance of the subscription month).
Each submission or order online for a Service for which a fee is charged is deemed to be an authorization to charge predetermined sums representing applicable statutory and service fees, charges, and applicable taxes to the Credit Card. You will be informed of the total charges and asked to confirm the transaction before it is charged to the Credit Card. You are responsible for all charges, fees and taxes incurred by you. Charges and fees will be at the rates established by BlueMasters from time to time plus all additional applicable taxes.
Before submitting any request for goods and/or services or otherwise completing an online order (including, without limitation, any purchase, renewal or extension of a premium membership), please verify that you have correctly entered the information in the request and/or order. We cannot refund the cost of a Service if you have inputted the request incorrectly. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS.
Any discount provided in conjunction with your purchase of multiple Services will be retroactively adjusted or rescinded in the event that you later decide to cancel or terminate one or more such Services and the resulting combination of Services would either not entitle you to such discount or would entitle you to a lesser discount. You will be responsible for payment of any rescinded discount or any reduction in a previously issued discount, and these will be applied to the Credit Card.
You are solely responsible for updating your contact, billing and credit card information during the term of any premium membership, including any renewal term. You shall promptly notify BlueMasters if the Credit Card associated with your account is canceled, if such card is reported lost or stolen, or if you become aware that the security of such card has been compromised. You acknowledge that you will not receive a credit card or other payment statement unless you provide us with a valid e-mail address.
If we are unable to collect the charges, fees and/or taxes from the Credit Card for any reason, you are responsible to pay BlueMasters directly the fees, charges and taxes plus interest at the annual rate of 18% (calculated daily) and any other charges (including costs of collection) incurred by BlueMasters. In such circumstances, we may also in our sole discretion and without limitation to any of our remedies exercise any one or more of the following remedies: (i) immediately suspend further access to the Website and related services and content; (ii) issue an invoice to you for the amount of such charges, together with accrued interest and costs of collection, which invoice will be immediately payable; (iii) assign any such unpaid accounts to a third party, including, without limitation, a collection agency; and/or (iv) report such non-payment to one or more credit rating agencies.
You are responsible for notifying BlueMasters of any incorrect charges within thirty (30) days of receiving a statement or receipt from BlueMasters. After any such thirty (30) day period, you shall forfeit any recourse to BlueMasters to claim a credit.
All fees displayed on or through the Website are subject to change without notice, in BlueMasters’ sole discretion. Likewise, BlueMasters reserves the right at any time to commence charging fees for Services which are presently offered for free and/or to increase any fees.
8. TRANSLATION SERVICE
Translation is provided by us as an optional service to members of the Website who want to post content in the target language of the Website.
BlueMasters reserves the right to adjust pricing upon receipt and evaluation of the Original Materials to be translated. Translation completion time may vary depending on the lengths of the Original Materials and their technical contents. You shall be advised by us of the estimate of additional charges or change of delivery date prior to performing the translation. Changes to work already commenced may result in additional
charges and adjustments of schedule.
BlueMasters shall correct free of charge any indisputable mistranslation, omission, grammatical mistake, typo or non-adherence to any approved glossary, submitted by you in written notification of the error(s) within thirty (30) days following the delivery of the Deliverable to you. BlueMasters’ sole obligation with respect to errors shall be the obligation to correct the translation at no cost to you.
BlueMasters represents and warrants that it shall perform the translation in a manner consistent with its standard production procedures. You represent and warrant (i) that you own or are licensee of the Original Materials, and (ii) that translation of the Original Material and publication, distribution, sale or other use of the Deliverable shall not infringe upon any copyright, trademark, patent, or other right of any third party.
BlueMasters makes no warranty or guarantee, express or implied, including but not limited to accuracy, completeness or timeliness of any translation, and any implied warranty of merchantability or fitness for a particular purpose.
BlueMasters’ entire liability and your exclusive remedy for damages caused by defect or failure of BlueMasters’ translation service, or arising from the performance or nonperformance of any services under this Agreement, regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be limited to a credit or refund of the charges for the service which gave rise to this claim. “BlueMasters” shall be deemed to include Web Lite Translation Corp., its affiliates and their respective successors, and the directors, employees, agents, representatives and subcontractors of BlueMasters.
All right, title and interest in and to the Original Materials and any and all patent rights, copyright, know-how and trade secrets therein are and remain the sole and exclusive property of you. The Deliverable shall be your property upon your completion of all payments. Notwithstanding the above, you acknowledge that BlueMasters is the sole and exclusive owner of all right, title and interest in and to all innovations, know-how, software architectures and algorithms, methodology, copyrights and trade secrets developed by BlueMasters in the course of translating the Original Materials.
9. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Among other things this Website acts as a venue for persons looking for information with respect to home maintenance and renovation projects, and for suppliers, service providers and contractors to post profiles, portfolios, reviews and advertisements for their goods and services. You acknowledge that any use of or reliance on this Site or any Materials will be at your sole risk.
BlueMasters makes no representation or warranty of any kind regarding and disclaims any warranty or condition of any sort regarding:
(i) the Website;
(ii) the Services;
(iii) third party goods and services advertised, offered for sale or mentioned on the Website; and/or
(iv) any information, content and/or materials available on or through the Website, including, without limitation, catalogues, listings, advertisements, postings, requests for proposals, job requests, project listings, proposals, quotes, articles, instructions, specifications, guidelines, summaries, manuals, representations, drawings, sketches, plans, blueprints, feedback, tips, advice, recommendations, referrals, testimonials, reviews, ratings, rankings, endorsements and rebuttals, as well as all other text, images, pictures, audio content, video content and audio-visual content (collectively, the “Content”);
all of which are provided on an “AS IS” basis and any use thereof or reliance thereon is at your sole risk. BlueMasters does not screen, censor or verify the accuracy, completeness, safety, legality or usefulness of any Content, or whether Content is current and up-to-date, and BlueMasters will have no liability whatsoever with respect to your use of or reliance upon any Content or for Content being removed or otherwise ceasing to be available. You acknowledge and understand that use and/or implementation of some Content may result in personal injuries and/or death and that any construction, renovation or repair work should only be undertaken by competent and qualified persons. You further acknowledge and understand that construction, renovation and/or repair requires additional information and knowledge than that provided on the Website and Content and that you should not rely on Content with respect to any construction, renovation and/or repair work. You acknowledge and understand that construction and building requirements may vary from one location to another and that you should confirm which laws and other requirements apply to you and any project you may undertake.
BlueMasters will not be liable for any damages, costs, expenses, penalties and other losses caused by or attributable in whole or in part to events or circumstances beyond BlueMasters’ reasonable control including, without limitation, any act of God, any labor dispute, any cyber-attack, terrorism, real or apprehended insurrections, acts of war, government regulation, expropriation, fire, explosions, inclement weather, unavailability of supplies, unavailability of service, unavailability of any public infrastructure, network or resource or attributable to any third party conduct, service and/or property.
BlueMasters expressly disclaims all representations, warranties and conditions relating to the Website, Services, Content, third party and/or any third party website, content, good, service or materials, including, without limitation, any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose, continuity, availability, reliability, performance and those arising by statute or otherwise in law or from a course of dealing or usage of trade. BlueMasters does not warrant that this Website will continue to operate, operate without interruptions or that it will be error-free or meet any performance or any other service levels.
Without limitation to the generality of the foregoing, BlueMasters does not screen, censor or verify the listings offered or otherwise made available on or through the Website or provided in conjunction with the delivery of Services. Likewise, BlueMasters does not screen, censor or verify commentary, referrals, ratings, rankings, testimonials, feedback, endorsements or other Content relating to any contractor, supplier or service provider. As a result, BlueMasters has no control over the quality, safety or legality of the supplier or contractor listings posted, the truth or accuracy of the listings or the ability of anyone to meet or satisfy any claims and warranties made in listings, including, without limitation any licensing requirements, insurance coverage, certification, prior experience or general competence and capabilities. In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You acknowledge and understand that you should undertake your own research, investigations, inquiries and due diligence with respect to any project and with respect to any potential contractor, supplier or service provider.
Because user authentication on the Internet is difficult, BlueMasters cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of users of this Website, in the event that you have a dispute with one or more users, you release BlueMasters (and its shareholders, directors, employees, agents and representatives) from all claims, demands and damages 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.
BlueMasters is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. BlueMasters does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity, completeness or usefulness of the Content or about the results to be obtained using the Content. The use of the Website, the Services and the Content is at your own risk. Changes are periodically made to the Website, the Services and/or Content and may be made at any time in BlueMasters’ sole discretion without notice to you.
This Website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, project listings, catalogues, reviews, ratings, feedback, testimonials, recommendations, referrals, endorsements, rebuttals and other Content. You agree that BlueMasters will not be liable in any manner or to any extent for any such third party material, data, information and/or any other Content or any use, reproduction and/or distribution thereof and/or reliance thereon.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any ad, posting, review, testimonial, commentary, rating, ranking or other content placed by you on the Website. You agree that all content that you place on the Website must comply with all applicable laws. You acknowledge and agree that BlueMasters may, in its sole discretion and without any obligation to do so, require you to confirm your identity and/or the currency, completeness and/or accuracy of certain facts relating to any content that you post on the Website and that failing such confirmation, BlueMasters may, in its sole discretion remove, redact or annotate such content. BlueMasters may, in its sole discretion, remove any and all content posted by you, including, without limitation, any posting and/or information that contravenes this Agreement.
BlueMasters shall not be responsible for any contracting or procurement decisions, for whatever reason, made with respect to, in conjunction with or in reliance of, any listing, posting or other Content available on or through the Website or obtained and/or provided in conjunction with the Services.
You agree that BlueMasters and any third party mentioned on this Website will not be responsible or liable for any loss or damages whatsoever, including, without limitation, direct, indirect, incidental, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information, data or Content, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this Website, any Content, or any linked website of a third party (and related third party services and/or content), even if BlueMasters, or such a third party has been advised of the possibility of such damage or loss.
The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy. The limitations of liability and disclaimers in this Agreement also apply to BlueMasters’ licensors and service providers who shall have the benefit thereof.
Without limitation to the generality of the foregoing, in using BlueMasters’ service, you acknowledge that BlueMasters is not acting as your general contractor, agent, or advisor. It is therefore your sole responsibility to conduct your research, make your investigations and inquiries, select a supplier, service provider or contractor and negotiate the terms for any purchase or project to be undertaken. You should consult with appropriate experts and/or advisors (such as a lawyer, architect, accountant, financial advisor, urban planner and/or insurance broker). BlueMasters does not recommend or endorse any specific service provider, provide any advice on which service provider to select or on how to select a service provider, verify any individual service provider’s personal credit or legal standing or undertake any form of screening of any service provider which accesses or advertises on this Website or is otherwise mentioned, listed and/or featured on this Website.
You further understand that contractors, service providers and suppliers are free to post responses and rebuttals to your comments, reviews, ratings and testimonials and/or supplement these with their own comments about their prior dealings or interactions with you or with regards to your past conduct, all of which may be freely accessed, viewed and downloaded by other users. If you are an employee of a contractor, supplier or service provider posting a review, anecdote or comments regarding your employer, your employer’s response may include information about you and your employment, which may include personal information.
BlueMasters will not be liable for any such Content even if such Content is slanderous or libellous, or could otherwise be damaging to your reputation, or constitutes personal information.
If you are an individual, by posting any Content that includes your personal information you hereby unconditionally and irrevocably consent to the posting and publication of such personal information on the Website for such period of time as your initial review, comments, anecdote, testimonial, feedback, endorsement rating, ranking, commentary or other Content which is the subject of the reply or rebuttal has been removed. You further unconditionally and irrevocably consent to such Content being associated with you on the Website. Likewise, if you include your personal information in any Content that you post on the Website you unconditionally and irrevocably consent to the reproduction, posting and publication on the Website of such personal information in any reply, rebuttal or editorial commentary in terms of such Content.
If you are an individual who is carrying on business under your personal name, if your business address is the same as your residential address, if any of your other business contact information is the same as your personal contact information (including, without limitation, your telephone number, your fax number and/or your e-mail address), or if you are a shareholder, partner, owner, principal, director, officer or employee of a particular business, you unconditionally and irrevocably consent to the publication and disclosure on the Website of such personal information in regards to any review, rating, listing, endorsement, testimonial, ranking, feedback, rebuttal or any other similar Content.
You acknowledge and understand that BlueMasters may (but is not obligated to) supplement listings, posts and other entries, including your listings, posts and other entries, by adding and/or associating third party images with respect to same. Without limitation to the generality of the foregoing, no representation or warranty is made (and BlueMasters expressly disclaims any representation, warranty or condition) relating to or with respect to any image included in or otherwise associated with any listing and, in some cases, such images may be sourced from unrelated third party sources. You acknowledge and understand that the purpose of the Website is to provide an open forum for discussion and agree that BlueMasters will not be required to remove, redact or retract any libellous, defamatory or slanderous content nor provide any editorial comments, clarifications or notices, nor will BlueMasters be liable for refusing or failing to remove any such content or post any retraction, editorial comments, clarification or notices with respect to such content. You also acknowledge and agree that BlueMasters will not be liable for any personal information that may be posted on the Website through the conduct of any third party. Your only recourse with respect to any third party Content and/or disclosure (and BlueMasters’ collection) and/or publication of your personal information will be with respect to the third party that disclosed and/or posted such Content.
Should BlueMasters provide you with the means to challenge the accuracy of such Content, BlueMasters will have sole discretion in determining the validity of any such challenge (using such factors as BlueMasters deems appropriate in its sole discretion), and all decisions made by BlueMasters with respect to any such challenge will be final and binding. You acknowledge and agree that the fact that BlueMasters may in some instances remove Content (whether yours or a third party’s) or provide any editorial comments, clarifications or notices in regards to any Content does not waive, qualify, or otherwise affect the disclaimers, exclusions and other limitations of liability in this Agreement. Should BlueMasters elect to remove any Content, it may, in its sole discretion, include a notice, editorial comment or other disclosure in terms of such removal and the associated facts and underlying reasons in conjunction with such removal, including, without limitation, the fact that you requested the removal of such Content.
You acknowledge and understand that the Website provides you with the option of replying to any such comments and presenting your views or position in terms of any Content that you believe to be inaccurate, false, incomplete, dated, improperly contextualized, misleading, libellous and/or defamatory and agree that BlueMasters shall not be liable in any manner whatsoever if such features or functionality of the Website or any Service is not accessible, available, operational or operating in a reliable, timely, uninterrupted and/or error free manner. You hereby waive any and all remedies you may have against BlueMasters and its service providers, and hold each of them harmless with respect to any third party Content which may be slanderous, libellous and/or defamatory that is posted on or accessible through the Website or that is otherwise published, republished, communicated and/or distributed through any Service.
Should you have a dispute with any service professional, contractor or supplier (including, without limitation, any current and/or former employer), you must resolve such dispute with such third party directly, and you hereby agree not to involve BlueMasters (or any of its shareholders, directors, officers, employees, service providers, vendors, agents or representatives) in any matter whatsoever in any such dispute, including, without limitation, requiring BlueMasters’ attendance or participation (or that of any BlueMasters shareholder, director, employee, agent and/or representative or any of its service providers or vendors) in any legal proceeding.
Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages, damages relating to personal injuries or death, damages arising from intentional or gross fault, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. To the extent the foregoing limitation and exclusions of liability are not enforceable or not fully enforceable, to the extent permitted by applicable laws, you agree that BlueMasters’ aggregate liability for any damages whatsoever under this Agreement, in tort, strict liability or otherwise in law, will be limited to CAD$10.00 in the aggregate.
You agree to fully indemnify, defend, and hold BlueMasters, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from:
(i) your activities in connection with the Site or other websites to which the Site is linked;
(ii) Content you submit, post, transmit or make available on or through the Website;
(iii) your dealings with other users of the Website or the Services;
(iv) any dispute you may have with any supplier, service provider or other third party;
(v) your breach of this Agreement or the documents referenced herein;
(vi) your violation of any law or the rights of a third party;
(vii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;
(viii) any misrepresentation made by you in connection with your use of the Services; or
(ix) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services
11. LINKS TO OTHER WEBSITES
This Website may contain links to third party websites that are not under the control of BlueMasters. Such links are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
12. SOFTWARE AVAILABLE ON THIS WEBSITE
All Software, including, without limitation, all HTML, XML, Java scripts and Active X controls contained on this Website, is owned or licensed by BlueMasters, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
13. COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are the properties of www.bluemasters.ca. BlueMasters is not responsible for content on websites operated by parties other than BlueMasters. BlueMasters, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Web Lite Translation Corp. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BlueMasters or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BlueMasters and may not be copied, imitated or used, in whole or in part, without the prior written permission of BlueMasters. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BlueMasters.
Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and non-commercial use provided that:
(i) your account is in good standing and you are in compliance with this Agreement;
(b) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials;
(ii) any and all Content, including, without limitation, all articles, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party. The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis. BlueMasters reserves all rights not expressly granted herein.
You hereby grant to BlueMasters a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicences) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronize, create compilations of, incorporate into other works, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available to BlueMasters in conjunction with your use of the Website and/or Services (collectively, “Your Posted Content”). You hereby waive any and all moral rights you may have anywhere in the world in Your Posted Content. You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws.
14. COPYRIGHT COMPLAINT POLICY
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying BlueMasters that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed or mailed to BlueMasters:
* Web Lite Translation Corp. at the office location indicated on its official website
We will review and address all notices that comply with the requirements above.
15. TERM AND TERMINATION
This Agreement will remain in full force and effect until it is terminated. You may terminate this Agreement at any time, for any reason by notifying us by email or in writing.
BlueMasters may terminate this Agreement at any time, for any reason, with or without explanation, effective upon BlueMasters sending written or email notice to you.
Upon termination of this Agreement, your Account will be forthwith terminated and all licenses granted to you herein shall forthwith expire. You shall not be entitled to receive any refund for any fees you have paid to BlueMasters nor will BlueMasters be in any other way or manner liable to you with respect to any prepaid Services or with respect to termination generally.
All licenses you have granted to BlueMasters will survive termination of this Agreement, including those relating to Content that you have provided. For clarity, BlueMasters can continue to publish and display any comments, reviews, anecdotes, ratings, endorsements and other feedback that you have submitted.
All limitations of liabilities, exclusions of liability, waivers, releases, indemnities and disclaimers provided under this Agreement will survive termination of this Agreement. Finally, your obligations regarding BlueMasters’ confidential and/or proprietary information and/or materials, and your obligations to indemnify and hold BlueMasters harmless, will also survive termination of this Agreement.
16. GENERAL PROVISIONS
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the BlueMasters as a result of this Agreement or use of this Website.
You agree and acknowledge that your use of this Site will be deemed to have occurred and taken place solely in the Province of British Columbia, Canada. You agree that this Agreement and any dispute relating to this Agreement shall be governed in accordance with the laws of the Province of British Columbia, Canada without reference or application of principles and rules of conflict of laws. You expressly agree and consent to the exclusive forum, jurisdiction and venue of the courts of the Province of British Columbia, Canada in any and all actions, disputes, or controversies relating to this.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
This Agreement may not be changed, waived or modified except by BlueMasters as provided herein or otherwise by written instrument signed by BlueMasters.
Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sub-licensable by you except with BlueMasters’ prior written consent, and any attempted assignment, transfer, delegation, or sublicence shall be null and void. BlueMasters may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The headings used in this Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this Agreement or any provision hereof.
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Last modified as of November 15, 2015.