Terms and Conditions
This statement governs your use of our website, please read the terms in full before you use this website. Using the website and downloading materials from this website imply that you accept these Terms and Conditions. If you disagree with any part of terms or provisions in this statement, you should not use this website or download materials from this website.
Note: This website uses cookies. By using this website and agreeing to these Terms and Conditions, you consent to Blusmart's use of cookies in accordance with the terms of Blusmart's Privacy Policy.
Ownership
Blusmart and/or its licensors own the intellectual property rights in the website and materials on the website, unless otherwise stated. Subject to the license following, all these intellectual property rights are reserved.
For Non-Commercial Personal Use
You may view, download (for caching purposes only), and print pages, user manuals, or other product information from the website for your own non-commercial personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
For Commercial Purposes
The copyright for materials supplied on this website belongs to Blusmart or to other authorized third parties.
None of the materials contained herein may be copied, modified, redistributed, republished, duplicated, reproduced, exploited, edited, downloaded, uploaded, posted, or transmitted, whether in full or in part, in any form or in any way, for commercial purposes and without the prior written approval of Blusmart or the copyright owner.
Trademark Information
Trademarks, service marks, and logo marks used and displayed on this website are the registered trademarks of Blusmart or authorized third parties. The name "Blusmart" and the Blusmart logo may not be used in any way, including, without limitation, advertising related to distribution of materials on this website, without the prior written permission of Blusmart.
Prohibited User Conduct
Please kindly note that you must not:
use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purposes or activity.
use this website for any purposes related to marketing without Blusmart’s express written consent.
conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Blusmart’s express written consent.
use this website to transmit or send unsolicited commercial communications.
Your User Content
In this statement, "your user content" are materials (including, without limitation, text, images, and audio-visual material) that you submit to this website, for whatever purpose. Any user content you submitted to this website, it means that you grant to Blusmart:
a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media;
the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not:
be illegal or unlawful;
infringe any third party's legal rights;
be capable of giving rise to legal action whether against you or Blusmart or third parties (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings, or other similar complaint.
In addition, Blusmart reserves the right to edit or remove any material submitted to this website, or stored on Blusmart’s servers, or hosted or published upon this website. Notwithstanding Blusmart’s rights under these Terms and Conditions in relation to user content, Blusmart does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Disclaimer
This website is provided "as is" without any representations or warranties, express or implied. Blusmart makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Blusmart does not warrant that:
this website will be constantly available, or available at all.
the information on this website is complete, true, accurate or non-misleading.
nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
Links to This Website
This website may provide links to Blusmart websites in other countries, as well as to other non-affiliated websites for your convenience. Blusmart is not responsible for information posted on any website that you have linked to from this website. You have the sole responsibility when visiting other websites linked from Blusmart's websites.
Notice Regarding Links to This Website
You may establish links to objects posted on this website, but you may not copy them. You may not place a browser or border environment around objects posted on this website. Under no circumstances will Blusmart bear any responsibility or liability whatsoever in the event of problems arising in links due to the movement, deletion, or other modification of the directory page. No notice will be given regarding the deletion or modification of pages or the movement or change of directories. The presence of a link does not imply recommendation of the website or any of its products by Blusmart.
Limitations of Liability and Exceptions
Blusmart will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, use of, or otherwise in connection with this website:
for any indirect, special, or consequential loss;
to the extent that the website is provided free-of-charge, for any direct loss;
for any losses of business, revenue, income, profits, anticipated savings, contracts, business relationships, reputation, goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Blusmart has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Blusmart’s liability in respect of any:
fraud or fraudulent misrepresentation on the part of Blusmart;
matter that it would be illegal or unlawful for Blusmart to exclude or limit, or to attempt or purport to exclude or limit its liability;
death or personal injury caused by Blusmart’s negligence.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other Parties Protection
You accept that, as a limited liability entity, Blusmart has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Blusmart’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Blusmart’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors, as well as Blusmart.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnification
You hereby indemnify Blusmart and undertake to keep Blusmart indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by Blusmart to a third party in settlement of a claim or dispute on the advice of Blusmart’s legal advisers) incurred or suffered by Blusmart arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Breaches of Terms and Conditions
Without prejudice to Blusmart’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Blusmart may take such action as Blusmart deems appropriate to deal with the breach, including:
suspending your access to the website;
prohibiting you from accessing the website;
blocking computers using your IP address from accessing the website;
contacting your internet service provider to request that they block your access to the website, and bringing court proceedings against you.
Rights and Obligations
Blusmart may transfer, sub-contract, or otherwise deal with Blusmart’s rights and obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms and Conditions.
Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Together with Privacy Policy
These Terms and Conditions, together with Blusmart’s Privacy Policy, constitute the entire agreement between you and Blusmart in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the law of US or the law of any other countries may apply, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the court.
Changes to Terms and Conditions
Blusmart reserves the right to revise or amend the provisions for using this website without prior notice, by updating the content of this website. Please visit this page periodically to check the latest usage provisions for this website because they are binding on you.
Contact Us
If you have any questions about our Terms and Conditions or Privacy Policy, please contact us at service@eblusmart.com
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