Introduction

Welcome to the Internet sites ("Sites") of BlueNose Edutainment (BNE), LLC ("BlueNoseEd" or "BlueNoseLive"). The Sites are published and maintained by BNE. Your access to and use of the Sites is subject to the following terms and conditions ("Terms of Use"). Please read the Terms of Use carefully before using the Sites. When you access, browse or use the Sites, you accept, without limitation or qualification, the Terms of Use. If you do not agree with the Terms of Use, do not use the Sites.

BNE reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation to you. As such, please check the Terms of Use periodically for changes. Your continued use of the Sites following the posting of changes to the Terms of Use will mean that you accept the changes.

Please note that the headings contained in these Terms of Use are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained herein.

Your Right to Use the "Sites" and "Site Materials"

The Sites are for school and personal use. BNE grants you the right to enter, display and use the Sites. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of the Sites in any manner.

Unless otherwise stated, the Sites and the content provided in the Sites ("Site Materials"), including, but not limited to, the text and images contained herein and their arrangement are the copyrighted property of BNE and/or third party licensors. (Please note that while the terms Sites and Site Materials may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Sites and Site Materials.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the trademarks BNE and the BNE proprietary logo, which are the property of BNE.

You may download, display and print copies of the content provided in the Sites for your personal and classroom use, provided that you keep intact all copyright, trademark, and other proprietary notices.

Your use of the Sites does not create, and nothing contained in the Sites shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of BNE or any third party. The Sites are provided free of charge and should be used for instructional purposes only and does not create a business or professional services relationship between you and BNE.

Public Communication

You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively "Content") that you upload, post, email, transmit or otherwise make available on the Sites. BNE will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Sites. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, a BNE official, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party; contain 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; disrupt the normal flow of dialogue; interfere with or disrupt the Sites or any servers or networks connected to the Sites, "stalk" or otherwise harass another person or entity; or collect or store personal data about other users. In addition, you acknowledge that BNE has the right, in its sole discretion to refuse or move any Content that is available via the Sites. Without limiting the foregoing, BNE and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You acknowledge and agree that BNE may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BNE, its users and the public. You grant BNE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Content, in any media now existing or later invented.

Submissions

Unless specifically stated otherwise in the Terms of Use, any information submitted by you to BNE through the Sites shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While BNE is pleased to hear from users of the Sites, company policy prohibits it from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy BNE seeks to avoid any potential future misunderstandings that may occur when projects developed by employees or contractors of BNE, by and for the sole use of BNE, might seem to others to be similar or identical in nature to their own creative work and/or submission(s).

If, despite this request, you submit to BNE any creative material, including, but not limited to, ideas, suggestions or other information (collectively "Submissions"), other than material posted to the Sites in the normal course of using Site features, you acknowledge and agree that such Submission(s) shall be deemed, and shall remain, the property of BNE. You further agree and acknowledge that BNE shall not be liable for the use or disclosure of such Submission(s), that BNE shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such Submission(s), and that BNE shall own exclusively all rights to the Submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe.

Because of the open nature of the Internet, common sense would dictate, and BNE would recommend, that you not submit any information you consider confidential.

Disclaimer of Warranties and Damages; Limitation of Liability

Your use of the Sites is at your own risk and any information that you obtain by use of the Sites is obtained at your own risk. BNE provides the Sites and the Site Materials "as is," WITHOUT representations or warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through the Sites. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Links to or from the Sites ("Linked Sites") may exist. No judgment or warranty is made by BNE with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. BNE disclaims any responsibility for the accuracy, content, or availability of information found on Linked Sites. BNE does not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. BNE neither operates nor has any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites.

In no event shall BNE, its parent, affiliates, subsidiaries, suppliers, and each of its and their respective employees, officers, directors, principals, members, successors, licensees, owners, partners, affiliates, agents, messengers, assigns, and advisors (collectively the "BNE Parties") be liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses which may arise, directly or indirectly, through access to, use of, or browsing of the Sites or through your downloading of Site Materials, including, but not limited to, anything caused by bugs, viruses, or any computer system, hardware, software or program malfunctions, or any other errors, failures or delays. In no event will the BNE Parties be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, cost of procurement of substitute products, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the Sites, Site Materials, any other content or service accessed through the Sites or Linked Sites, or any copying, displaying or use thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above exclusion may not apply to you.

You shall indemnify and hold the BNE Parties, harmless from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs of suit, arising out of or in connection with the use of the Sites.

Jurisdiction

You are responsible for complying with the laws of the jurisdiction from which you are accessing the Sites and you agree that you will not access or use the information on the Sites in violation of such laws. The Terms of Use are governed by and are in accordance with the laws of Florida, U.S.A. If you attempt to bring any legal proceedings against BNE you specifically acknowledge that BNE is free to choose the jurisdiction of its preference as to where such action against BNE may be held. BNE shall make such decision entirely as it suits it, without regard to where in the world you are located, or from where in the world you visited the Sites.