Terms of Services


1. User's Acknowledgment and Acceptance of Terms

Bluepper Entertainment (“Bluepper”, "Us" or "We") provides games or applications created by Bluepper and various related services (collectively, the "Services") and applications (Applications) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on any of Bluepper’s Services, Applications, or this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Services. All such guidelines or rules are hereby incorporated by reference into these Terms of Services.

These Terms of Services are effective as of 5/31/2011. We expressly reserve the right to change these Terms of Services from time to time without notice to you. You acknowledge and agree that it is your responsibility to review any of Bluepper’s Services, Applications, or this site and these Terms of Services from time to time and to familiarize yourself with any modifications. Your continued use of any of Bluepper’s Services, Applications, or this site after such modifications will constitute acknowledgement of the modified Terms of Services and agreement to abide and be bound by the modified Terms of Services.

As used in these Terms of Services, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering any of Bluepper’s Services, Applications, or this site and/or their contents.

 

2. Virtual Currency and Goods

We make various services and applications available through a social networking website ("SN Webite") including, but not limited to, our virtual, in-game currency ("Virtual Currency") that may be purchased from Bluepper for “real world" money. The Service may also include virtual, in-game digital items (“Virtual Goods") that may be purchased from Bluepper for “real world" money or for Virtual Currency. Virtual Currency and Virtual Goods cannot be redeemed for real money, goods, or any other item of monetary value from Bluepper or any other party. You acknowledge that you have no right or title in the virtual in game items or Virtual Currency. Your purchase of Virtual Currency or Virtual Good is final and is not refundable, exchangeable, transferable, except in Bluepper’s sole discretion. You may not purchase, sell, or exchange Virtual Currency and Virtual Good outside the Services. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. Bluepper retains the right to modify, manage, control and/or eliminate Virtual Currency at its sole discretion. Prices and availability of virtual in game goods are subject to change without notice. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).


3. Age restrictions

Our Applications, Services, and this Site are offered and made available only to users who are at least 13 years old. By accessing and using our Services, you represent and warrant that if you are an individual, you are at least 18 years old or if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms. Bluepper does not knowingly solicit any personally identifiable information from children under the age of 13. If we determine, in our sole discretion, that a person is under the age of 13, based on the information provided during the registration process, that person will not be permitted to register. You further represent and warrant that all registration information You submit will be accurate and truthful, that You are legally permitted to use the Services, and your use of any feature of Services will comply with all applicable laws. Any new features that augment or enhance the then-current services on any of our Services shall also be subject to these Terms of Services.


4. Conduct on Services: Your Responsibilities

Your use of the Site and Services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications and activities through the Site. We reserve the right to modify the Conduct on Services at any time.

User Content

Users are responsible, and Bluepper is not responsible for any files users upload, post, or otherwise make available. By using our Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

User Activities

Your activities within our Services or this Site are governed by Bluepper. By accessing and using the Services, you agree that you will NOT engage in, attempt or encourage any of the following activities:

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Services and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.


5. Third Party Sites and Information

Bluepper’s Applications or Services may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.


6. Intellectual Property Information

Copyright (c) 2011 Bluepper Entertainment All Rights Reserved.

For purposes of these Terms of Services, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Services, you acknowledge and agree that all content presented to you on our Services or this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Bluepper Entertainment and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of Bluepper Entertainment or its Affiliates: GlamourPet. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Bluepper Entertainment or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Services grants you any right to use any trademark, service mark, logo, and/or the name of Bluepper Entertainment or its Affiliates.

7. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to the following address: Designated Agent for Claimed Infringement: Address: 888 Foster City Blvd, S4, Foster City, CA 94404

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site or Applications without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.


8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON ANY BLUEPPER’S APPLICATIONS OR THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY VIRTUAL CURRENCY, VIRTUAL GOODS, PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM ANY OF BLUEPPER’S APPLICATIONS OR THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT ANY BLUEPPER’S APPLICATIONS OR THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT ANY BLUEPPER’S APPLICATION OR THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH ANY BLUEPPER’S APPLICATIONS OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of our Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any virtual currency, virtual goods, merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such virtual currency, virtual goods, merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH  BLUEPPER’S APPLICATIONS OR THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH  BLUEPPER’S APPLICATIONS OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through our applications or this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Bluepper Entertainment spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Services.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, ANY WEB SITE, OR APPLICATIONS REFERENCED OR LINKED TO FROM BLUEPPER’S APPLICATIONS OR THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH BLUEPPER’S APPLICATIONS OR THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH BLUEPPER’S APPLICATIONS OR THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.


12. Participation in Promotions

From time to time, Bluepper’s Applications, Services, or this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on Bluepper’s Applications, Services, or this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.


13. International Use

Although our Services, Applications, and this site may be accessible worldwide, we make no representation that materials on our Services, Applications, and this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Services, Applications, and this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with our Services, Applications, and this site is void where prohibited.


14. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of our Services, Applications, and this site with or without notice and for any reason, including, without limitation, breach of these Terms of Services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.


15. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.


16. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@bluepper.ocm, if by email, or at Bluepper Entertainment 888 Foster City Blvd, #S4, Foster City, CA 94404 if by conventional mail. We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.


17. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Services may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Services, these Terms of Services shall take precedence.


18. Miscellaneous

In any action to enforce these Terms of Services, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Services to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Services.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of our Applications, Services, and this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Services is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Services or related rights shall not constitute a waiver of that right or provision.


19. Contact Information

Except as explicitly noted on any of Bluepper’s Services, Applications, or this site, the services available through any of Bluepper’s Services, Applications, or this site are offered by Bluepper Entertainment, an Coporation, located at 888 Foster City Blvd, #S4, Foster City, CA 94404. If you notice that any user is violating these Terms of Services, please contact us at support@bluepper.ocm.

 

Some parts of content were generated by: General Counsel, PC and Legal River's Terms of Service Generator.