AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Filius Blue (“Company,” “we,” “us,” or “our”), concerning your access to and use of the Filius Blue website, as well as any other media form, media channel, mobile website, or website application related, linked, or otherwise connected thereto (collectively, the “Site”).  You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.  We deserve the right, in our sole discretion, to make changes or modify these Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right of specific notice of each such change.  Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.  You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to accept the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “the Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.  The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download and print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.  We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use;  (2) you are not a minor in the jurisdiction in which you reside;  (3) you will not access the Site through automated or non-human means, whether it through a bot, a script, or otherwise;  (4) you will not use the Site for any illegal or unauthorized purpose;  (5) your use of the site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to terminate or suspend your account and refuse any and all current or future use of the Site (or any portion thereof).

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available.  The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

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As a user of the Site, you agree not to:

1. Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, database, or directory, without written permission from us.

2. Trick, defraud, or mislead us and any other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features on the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations of the use of the Site and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or of the Site.

5. Use any information obtained from the Site to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in any manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing or linking to the Site.

9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excess use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

11. Delete the copyright or other proprietary rights notice from any Content.  

12. Attempt to impersonate another user or person or use the user name of another user.

13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or any similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pmcs”).

14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software compromising or in any way making up a part of the Site.

19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

20. Use a buying agent or purchasing agent to make purchases on the Site.

21. Make any unauthorized use of the Site, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

22. Use the Site as part of any effort to compete with us or otherwise the Site and/or the Content for any revenue generating endeavor or commercial enterprise.

 

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post Content.  We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content or materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”).  Contributions may be viewable by other users of the Site and by third-party websites.  As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.  When you create or make available any contributions, you thereby represent and warrant that:

 

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms of Use.

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PAYMENT TERMS

All payments will be made in USD using PayPal, Zelle, or CashApp.  The initial payment must be cleared before work on the project will begin.  The Client has a time period of (5) days to make the payments due for the project to move forward.  The failure of the payment beyond the default period will result in a breach of contractual terms and further actions.

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LICENSES, APPROVALS, AND AGREEMENTS

Filius Blue has permission from the rightful owner to use any code, data, and reports that are provided by The Client for inclusion in the campaign materials and will indemnify Filius Blue from any claim or suit arising from the use of such work.

 

WARRANTY OF SERVICES

Filius Blue guarantees that all services will be completed within the timeframe agreed upon.  All information that is considered proprietary by The Client will be handled with confidentiality during and after the term of the contract.  All suggestions for improvement and corrections are welcome.

 

Non-profit organizations with a registered 501(c)(3) get 20% off.