Date of Last Revision: April 17, 2009

Welcome to the Blueleo website (the "Site"). Please take a few minutes to review these terms of use.

The Site is a communication, event management, calendar, classified listing and resource tool intended for parents and is operated by Blueleo LLC ("us", "we" or "Blueleo").

By accessing or using the Site or any of its Services (as defined below), you agree that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use") whether or not you are a registered member of Blueleo. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or any Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or any Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Site or Services for any reason.

Some of the Services may be subject to additional posted conditions including the Blueleo Listing Guidelines. Your use of those Services is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional posted conditions, the provisions of the additional conditions shall control.

Eligibility

Membership of Blueleo is void where prohibited. You do not have to be a member of Blueleo to use this Site however only members can access and use the services and features of the Site such as the Blueleo Event Applications, the Blueleo Calendar, the BlueLeo Resources, Blueleo News Alerts, Blueleo Updates and Blueleo User Home Page or such other services as we may offer from time to time in the future (the "Services"). Registering as a member is free.

By using this Site and/or any Services, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Use. This Site is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Site or Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site or any Service you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

Registration Data; Account Security

In consideration of your use of the Site and/or any Service, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place using your account.

You must immediately notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

No Unlawful or Prohibited Use

As a condition of your use of the Site and Services, you agree that you will not use the Site or Services for any purpose that is unlawful or that is prohibited by these Terms of Use. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services (or the network(s) connected to the Site or Services) or interfere with any other party's use and enjoyment of the Site or Services.

You may not attempt to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to the Site or Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Services, including but not limited to visual interfaces, designs, text, interactive features, compilation, software, computer code, graphics, pictures, video, information, music, sound and other files and their selection and arrangement and any other content that is created by us and made available on the Site (collectively the "Site Content"), is the proprietary property of Blueleo with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

Blueleo and Blueleo graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, or trade dress of Blueleo in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or dilution and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

User Conduct

You understand that the Site and Services are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through any Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Site or any Service to:

• harvest or collect email addresses or other contact information of other users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Site or any Service;
• upload, post, transmit, share, store or otherwise make available any content that we deem, in our sole discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, pornographic or depicts a human being engaged in sexual conduct, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any audio-visual files other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "affiliate marketing", "link referral code", "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software 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;
• upload, post, transmit, share or otherwise make available any material that that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
• intimidate, stalk or harass another;
• upload, post, transmit, share, store or otherwise make available content that would infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party or constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without our authorization, or create a false identity on the Site or any Service.
• contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
• upload, post, transmit, share or otherwise make available any content that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Site or any Service, or that otherwise negatively affects other users' ability to use the Site or any Service; or
• upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or any Service, or which may expose us or our users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, and other content that you upload, publish or display (hereinafter, "post") on or through the Site or any Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or any Service that you did not create or that you do not have permission to post. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in User Content that makes you personally identifiable.

You understand and agree that we may, but are not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms of Use or the Blueleo Listing Guidelines, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us.

You understand that we have no obligation to verify the identity of any users when they are connected to the Site or to supervise the content which has been provided by users. Note that we describe our current practices related to personally identifiable information collected through Blueleo in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform us.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site and/or any Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, the foregoing of which is subject to privacy restrictions that may apply from time to time. You also grant Blueleo's users the irrevocable right to access and use information you post subject to any privacy restrictions that may apply from time to time.

If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content. Blueleo does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Blueleo and its licensees may display advertisements and other information adjacent to or included with User Content on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or any Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site and/or any Service or any Third Party Content posted on, available through or installed from the Site and/or any Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from the Site.

Blueleo Resources and Blueleo Listings

Vendors and other parties accessed in connection with Blueleo Resources or Blueleo Listings are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you enter into a transaction with any vendor or other party accessed in connection with Blueleo Resources or Blueleo Listings you are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into. You acknowledge that Blueleo is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Blueleo applicable to any such transaction are set forth on the Site. Please note that these Terms of Use do not apply to your purchases of products or services from vendors or other third parties through Blueleo Resources or Blueleo Listings, as those transactions are strictly between you and the other party to the transaction.

All listings posted on or through the Blueleo Listings and all transactions conducted in connection therewith are subject to and governed by the Blueleo Listings Guidelines (the "Guidelines") as well as these Terms of Use. When you use Blueleo Listings in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in our sole discretion, so you should review the Guidelines each time you use Blueleo Listings.

User Disputes

You are solely responsible for your interactions with other Blueleo users. We reserve the right, but have no obligation, to monitor disputes between you and other users. If you have a dispute with another Blueleo user relating to the Site and/or Service, you release Blueleo, its affiliates and successors and each of their managers, members, officers, employees, agents, advertisers and licensees from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code �1542, which says: "A general release does not extend 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."

Privacy

We care about the privacy of our users. Click here to view Blueleo's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States in accordance with the Blueleo Privacy Policy.

Disclaimers

We are not responsible or liable in any manner for any User Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Blueleo, by third parties or by any of the equipment or programming associated with or utilized in the Site or any Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and/or Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site and/or Services or in connection with any User Content. We are not responsible for the conduct, whether online or offline, of any user of the Site or any Services.

The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or users on account of technical problems or traffic congestion on the Internet or at any Site or any Services or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with any Services. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Services, any Site Content, User Content, or any other material posted on or through the Site or the Services or transmitted to users, or any interactions of the users of the Site and/or Services with any third party, whether online or offline.

THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR ANY SERVICE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE SITE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES BY OTHER USERS; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

We reserve the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. 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, or any affiliation therewith, by us.

IN NO EVENT WILL BLUELEO, ITS AFFILIATES AND SUCCESSORS AND EACH OF THEIR MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS AND LICENSEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, OR ANY OF THE SITE CONTENT, USER CONTENT OR ANY OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

We may terminate your account, delete your profile and any content or information that you have posted on the Site and/or Services and/or prohibit you from using or accessing the Site and/or Services (or any portion, aspect or feature of the Site or any Service) for any reason, or no reason, at any time in our sole discretion. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law; Venue and Jurisdiction

These Terms of Use shall be interpreted in accordance with and governed by the laws of the State of New York (without giving effect to its choice or conflict of laws provisions thereof). You hereby irrevocably and unconditionally submit to the jurisdiction of any federal and state court in New York sitting in New York County, New York and irrevocably agree that all actions or proceedings arising out of or relating to this agreement or the transactions contemplated hereby shall be litigated exclusively in such courts. You agree not to commence any legal proceeding related hereto or thereto except in such court. You hereby irrevocably waive any objection which you may now or hereafter have to the laying of the venue of any such proceeding in any such court and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

Indemnity

You agree to indemnify and hold Blueleo, its affiliates and successors and each of their managers, members, officers, employees, agents, advertisers and licensees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Site Content, User Content, or any other material you post or share on or through the Site and/or Services, your use of the Service or the Site, your conduct in connection with the Site and/or Services or with other users of the Site and/or Services or other third parties, or any violation of these Terms of Use or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.

Other

These Terms of Use constitute the entire agreement between you and us regarding the use of the Site and/or the Services, superseding any prior agreements between you and us relating to your use of the Site or the Services. Your failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please visit our FAQ page or these links for more information.

• Blueleo Privacy Policy
• Blueleo Listings Guidelines