Blue Fever Terms of Use

Effective Date of Terms of Use:  March 03, 2018

Oh hey!  Welcome to Blue Fever!  We are a streaming platform for the best video entertainment focused on women and inclusive badasses of all genders.  

By accessing and using www.bluefever.com or watch.bluefever.com (our “Site”), you have accepted these Terms of Use, which include our privacy policy (the privacy policy, together with these Terms of Use, the “Terms”).  Please read our Terms fully and carefully before using the Site.  If you do not agree to the Terms, do not use our Site  ☹

Our Site is provided by Blue Fever Inc. or one of its affiliated companies (collectively, "Blue Fever" or "we" or "us”).  You agree that both your access to the Site and use of the Site are governed (#yasqueen) by these Terms.  By accessing and/or using our Site, you agree to the Terms and to abide by all rules, terms, conditions, restrictions and notices in the Terms. Abide by the rules, but be yourself.

1.  Changes to our Terms
Blue Fever may, from time to time, change these Terms of Use, including the Privacy Policy.  Such revisions would go into effect right away.  But don’t worry! We will post a notification of any major changes to the Terms on the Site!  

2.  Privacy
Any personally identifying information about you will abide by our carefully thought out Privacy Policy, the terms of which are incorporated herein.  Please review our Privacy Policy to understand our practices.   Without limiting the terms of the Privacy Policy, you understand that sometimes shit happens and we do not guarantee that your use of our Site and/or the information provided by you will be private or secure. We are not legally responsible or liable to you for any lack of privacy or security you may experience while using our Site.  You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. 

3.  Membership
Your Blue Fever membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it.  Free trial periods may be discontinued at any time!  If the free trial period ends, a notification will appear on the Site with instructions to pay for continued membership.  Any materially different or additional terms relating to payment for membership will be disclosed at your sign-up or in other communications made available to you.  Communication is key to all healthy relationships.   

4.  Communications
By using the Site, you consent to receiving electronic communications (you know, like email, notifications on our Site, texts if you so choose, etc.) from Blue Fever relating to your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  We may also send emails to your email address provided during registration so that we can keep you up to date and as excited as we are!  You may, of course, opt out from receiving emails from Blue Fever at any time by clicking the link to unsubscribe located at the footer of emails from Blue Fever (we are not barbarians, you guys). 

5.  Intellectual Property
Copyright.  Our Site and its contents are protected by copyright and other proprietary rights under United States and foreign laws.  Subject to your complete compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Site and all content available on the Site.  Some of the content on the Site is delivered through the use of YouTube and Vimeo video embeds.  As this is publicly available entertainment, Blue Fever does not currently pay or provide an accounting to any creators or others for distribution or use of content available on the Site through video embeds from third party sites.  

Trademarks.  Blue Fever is a registered trademark of Blue Fever Inc.  The Trademarks owned by Blue Fever, whether registered or unregistered, may not be used in connection with any product or service that is not Blue Fever's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages Blue Fever. Don’t mess with our game, yo! Nothing contained on our Site should be construed as a license or right to use any Trademark. 

Claims of Copyright Infringement.  If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through our Site, please send us a written notification pursuant to The Digital Millennium Copyright Act of 1998 (the "DMCA"), by providing our DMCA Agent with the information listed below and requesting that the material be removed or that access be blocked:

1. Identification in sufficient detail of the copyrighted work that you claim has been infringed.  If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;

2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright.  You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;

3. Your name, address, telephone number and email address (if available);

4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit your DMCA notifications by mail or email as set forth below:

DMCA Agent
Blue Fever

Gray | Robinson
Attn: Kevin P. Crosby for Blue Fever
401 East Las Olas Blvd., Suite 1000
Fort Lauderdale, Florida 33301

Kevin.Crosby@gray-robinson.com with the subject line “Copyright Policy – DMCA Notification”
This contact information is for DMCA notifications only.  ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.  

6.  Use of Information Submitted
Blue Fever is free to use any comments, information, ideas, concepts, reviews or messages you may send to us (“Feedback”) worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose, including but not limited to marketing, promoting, improving and supporting the Site.  Feedback will not be subject to any obligation, whether of confidentiality or otherwise, and we will not be liable for any use or disclosure of any Feedback.  You must not transmit any Feedback to or through the Site or to Blue Fever that you consider to be confidential or proprietary.  You are responsible and liable for any Feedback. 

7. Third Party Applications
In your use of the Site, you may encounter third party websites, applications, widgets, software and utilities that support and interact with the Site, including without limitation YouTube’s Embeddable Player and Vimeo’s Embeddable Player (“Applications”).  Blue Fever provides these Applications to you as a convenience.  Use of Applications is at your option and at your risk.  The inclusion of any Application does not imply endorsement by Blue Fever of any third party or any association with the operators of such Applications.  Blue Fever is not responsible for the contents or operation of any Application.

8. Access by Children
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITE.  Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to certain material to minors.  By accessing, using and/or submitting information to or through the Site, you represent that you are at least 13 years of age or older.

UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITE. 

9. Termination
Blue Fever may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms.  Blue Fever reserves the right to refuse service to anyone.

10. Disclaimers
THE SITE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  BLUE FEVER DOES NOT WARRANT THAT YOUR USE OF THE SITE OR THE CONTENT ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE SITE IS HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUE FEVER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  

11. Limitation of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUE FEVER OR ITS SUBSIDIARIES OR ANY OF THEIR LICENSORS, SUPPLIERS, MERCHANTS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, ANY APPLICATION OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, OR ANY LINKED APPLICATION IS TO STOP USING THE SITE, CONTENT OR LINKED APPLICATION, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BLUE FEVER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $500.00 (IN THE AGGREGATE).  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND BLUE FEVER OR A REPRESENTATIVE OF BLUE FEVER CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12. Dispute Resolution
The Terms are solely governed by and construed in accordance with the laws of the State of California, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction.  Any disputes between you and Blue Fever relating to the Site must be resolved exclusively through binding non-appearance-based arbitration under the rules of the American Arbitration Association ("AAA"), or in small claims court in Los Angeles, California, U.S.A. or in your county of residence if your claims qualify.  You may initiate proceedings by sending us a Notice of Legal Dispute, available on the AAA website at www.adr.org, to the following address:

Manatt, Phelps & Phillips, LLP 
Attn: Cailey Hagenson for Blue Fever        
11355 W. Olympic Blvd  
Los Angeles, CA  90064

The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes.  Information regarding these rules can be found on the AAA website at www.adr.org.  In addition, you and Blue Fever agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.  In no event shall any claim, action or proceeding by you related in any way to the Site be instituted more than one (1) year after the cause of action arose.

If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Los Angeles County, California, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.  

13. Miscellaneous
If any clause of the Terms is found to be unlawful, void or for any reason unenforceable, then that clause shall be allowed to be removed from the Terms and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between you and Blue Fever relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.  The Terms are not assignable or transferable (including through a sublicense) by you except with Blue Fever's prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof (basically, don’t judge a book by it’s cover). Blue Fever's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms limits Blue Fever's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Blue Fever with respect to such use.

Whoa!  You made it to the end!  You are a truly diligent badass.  Do you like cookies?  Because you totally deserve a cookie.