TO SAVE YOU TIME PLEASE BE AWARE THAT:
BY ACCESSING OR USING THE WEBSITE ITS CONTENT SERVICES OR PRODUCTS (“SERVICES”), YOU AGREE TO BECOME BOUND BY THE TERMS AND THE REGULATORY RESTRICTIONS GOVERNING THE USE OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS YOU MAY NOT ACCESS OR USE ANY OF OUR SERVICES.
ATTENTION PRIVACY. In relation to any personal data that you may provide to us in connection with your use of this Website, Bluefield is committed to following policies which protect the privacy of such personal data. Such policies comply with current data protection laws and regulations in respect of use of such personal data wherever that data is provided for purposes of job applications submitted to the designated address. HOWEVER where any personal data is uploaded to this website, the governing principles are as set out in these Terms and reflect the requirements of the hosted platform. Amongst other uses this may result in data circulation and storage outside of the European Union, the aggregation and analysis of data trends and traffic as well as provision of such data to third parties. In using the website you specifically consent to this.
The material available on this Website is communicated by Bluefield Operations Limited. We welcome your views about our Website. If you would like to contact us with any queries or comments please send an email to firstname.lastname@example.org.
If these Terms are considered an offer by Bluefield, acceptance is expressly limited to these Terms. The Website is for information purposes only. Nothing in this Website should be construed as an offer, invitation or general solicitation to buy or sell goods and or services, or to engage in any other transaction.
The Terms govern all use of this website except where you are diverted to third parties websites and their own terms and conditions apply.
Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Bluefield’s policies and procedures that may be published from time to time (collectively, the “Agreement”).
You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
We refer to Bluefield Operations Limited. as “Bluefield” or “we” throughout this agreement.
Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union) and you are not permitted to register if you are below these age limits. If you register as a user or provides personal information you represent that you are over the ages referenced.
Use of our Services requires you to establish a user account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Responsibilities of Users.
- If you, comment on a blog, post material or links on this website, or otherwise make material available whether that is in text, photo, video, audio, or code (“Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.
- By using the website, you represent and warrant that your Content and conduct do not violate these Terms
- You agree that in using the Services or posting Content you will not:
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- publish, distribute or post login information for your Account.
- impersonate another person or select or use a user name or password of another person.
- use another person’s user account or registration information for the Services without permission.
- transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the website that is: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by Bluefield in its sole discretion; you know is false, misleading, untruthful or inaccurate; constitutes unauthorized or unsolicited advertising; impersonate’s any person or entity, including any of Bluefield’s employees or representatives; or includes anyone’s identification documents or sensitive financial information.
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our, or our third party providers’, infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services)>
- run any form of auto-responder or “spam” on the Services;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
- harvest or scrape any Content from the Services;
- use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or otherwise take any action in violation of our guidelines and policies.
- directly or indirectly: decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, modify, translate, or otherwise create derivative works of any part of the Services, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
- By submitting Content to Bluefield for inclusion on this website, you:
- grant Bluefield a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content
- permit Bluefield to make publicly-posted content available to third parties selected by Bluefield who may analyze and distribute your content through their services.
- give permission for third parties to access and reproduce the Content in full or part embellished or otherwise as they feel fit
- If you delete Content, Bluefield will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Bluefield has the overriding right to, in Bluefield’s sole discretion, reclaim your username or website’s URL due to prolonged inactivity, refuse or remove any content that, in Bluefield’s reasonable opinion, violates any Bluefield policy, law, regulation or is in any way harmful or objectionable, or terminate or deny access to and use of the website to any individual or entity for any reason.
- Bluefield will have no financial liability or otherwise to the user in the event of exercising these measures.
- You accept full responsibility for the back up of any information provided and Bluefield to the fullest extent permitted by law shall have no liability for any data that may be lost unrecovered or unrecoverable as a result of any back up which has failed or not been undertaken.
2. Responsibility of Visitors.
Bluefield has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Bluefield does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bluefield disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WordPress.com links, and that link to WordPress.com. Bluefield does not have any control over those non-WordPress.com websites, and is not responsible for their contents or their use. By linking to a non-WordPress.com website, Bluefield does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bluefield disclaims any responsibility for any harm resulting from your use of non-WordPress.com websites and webpages.
4. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Bluefield.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
5. Bluefield Rights Reserved
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
5. Copyright Infringement and DMCA Policy.
The content of this Website is subject to copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of this website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from this website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this website without the prior written permission of Bluefield. Any unauthorized reproduction or use of the website, or the information presented therein, may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.
As Bluefield asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to this website violates your copyright, you are encouraged to notify Bluefield. Bluefield will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bluefield will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bluefield or others. In the case of such termination, Bluefield will have no obligation to provide a refund of any amounts previously paid to Bluefield.
6. Intellectual Property.
This Agreement does not transfer from Bluefield to you any Bluefield or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Bluefield. Bluefield, , and all other trademarks, service marks, graphics and logos used in connection with WordPress.com or our Services, are trademarks or registered trademarks of Bluefield or Bluefield’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Bluefield or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. Bluefield reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Bluefield will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
Bluefield may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” Bluefield and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bluefield nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or un-interrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
Governing Law shall be that of England and Wales except to the extent that Bluefield are are required to pursue or defend an action in the state of California, U.S.A., in connection with any breach by you of the Terms. In such circumstances the Terms shall be deemed governed by the laws relating to the state of California, U.S.A excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to a claim will be the state and federal courts located in San Francisco County, California at the absolute discretion of Bluefield
11. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement may at the election of Bluefield be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees.
12. Limitation of Liability.
IN NO EVENT WILL BLUEFIELD, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CLAIM FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED ANY FEES PAID BY YOU TO BLUEFIELD UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.
BLUEFIELD SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY.
BLUEFIELD WILL NOT BE LIABLE IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA.
IN NO EVENT SHALL BLUEFIELD , OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF BLUEFIELD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to the laws, statutes and regulations of England and Wales or applicable U.S. Sanctions. Such use is prohibited, and Bluefield reserves the right to terminate accounts or access of those in the event of a breach of this condition,
You agree to indemnify and hold harmless Bluefield, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Bluefield and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bluefield, or by the posting by Bluefield of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bluefield may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.