THIS IS A LEGAL CONTRACT BETWEEN YOU AND BLUKOS.COM
This Site Access and Purchase Agreement (this Agreement) is a legal contract between you and Score Marketing and Promotions, LLC and contains the terms and conditions for access to and use of the website and marketplace located at www.Blukos.com (the Site).
1. AMENDMENTS AND CHANGES
www.Blukos.com shall have the right at any time to change or discontinue any aspect or feature of Blukos.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.
2. YOUR MEMBERSHIP
2.1 The Marketplace. www.Blukos.com operates an online marketplace that enables Members to view and purchase products and services (the Marketplace). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by www.Blukos.com and is sold to the Member for the purchase price during that limited selling period. In addition, www.Blukos.com may, from time to time, make available to Members opportunities to purchase a Product either in multiples of more than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.
2.2 Registration as a www.Blukos.com Member Required. Only www.Blukos.com Members may participate in the Marketplace. In order to become a Member, you should agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time.
2.3 Age Minimum. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18 (a Minor), may not become a www.Blukos.com Member, use the Site or authorize transactions on the Site.
2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.
2.5 Blukos.com allows only one (1) account per registered Subscriber. The right to use www.Blukos.com is personal to Subscriber and is not transferable to any other person or entity.
2.6 Personalizing Your User Name. You may personalize your username with an icon we supply on the Site at My Account Control Center - Update Registration Information or with an icon you upload from your computer. You may not use an offensive or profane icon. We reserve the right to erase or remove any icon from the Site at anytime.
2.7 Cookies Enable. In order to participate in the Marketplace, your browser cookies should be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies.
3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE
3.1 Postings. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without www.Blukos.comís express prior approval, contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted www.Blukos.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that users personal use. You hereby grant www.Blukos.com the right to edit, copy, publish and distribute any material made available on the Site by you. We strongly forbid the use of any offensive images such as pornography. Any images www.Blukos.com finds offensive will be deleted, and the members using such images may be suspended. Any conduct by you that in www.Blukos.com discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.
3.2 Our Content. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may only download copyrighted material for your personal use such as for the reselling of items purchased from www.Blukos.com. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BluKos.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.3 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of www.Blukos.com and all charges related thereto.
3.4 Zero Tolerance on Fraud. www.Blukos.com HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to www.Blukos.com. www.Blukos.com will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. www.Blukos.com will terminate and ban the user on the first offense. www.Blukos.com will also maintain and enforce a blacklist to chronicle fraudulent users.
3.5 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participants password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and www.Blukos.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
3.6 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on www.Blukos.com or the bid price of any Product listed on the Site, or influencing user behavior on www.Blukos.com.
4. PRIVACY, MONITORING AND DISCLOSURE, BREACH
4.3 Disclosure of Information. As permitted by applicable law, www.Blukos.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect www.Blukos.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of www.Blukos.com's business and systems or other purposes deemed reasonable by www.Blukos.com, www.Blukos.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
4.3 Email and Mobile Text Anti-Spam Policy. It is www.Blukos.com policy not to send commercial email or mobile text notifications to individuals who have not asked to receive such email from www.Blukos.com, or to receive such email from a third party that may market on www.Blukos.com behalf. If you receive an unsolicited commercial email from www.Blukos.com, and would like to stop receiving such emails in the future, you can click on the "opt-out" or "unsubscribe". Please note that it may take up to 10 days to process your request. If you have opted-out of receiving commercial email from www.Blukos.com, but continue to receive such email please email www.Blukos.com .
5. RIGHTS OF www.Blukos.com
5.1 Shopping Glitches. www.Blukos.com will offer 100% risk free Shopping, except when a technical glitch prevents that from happening. In such a case, www.Blukos.com reserves the right to stop, restart, or cancel any transaction at any time, including before, during and after. Any and all funds received during a glitch, will be returned by www.Blukos.com to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each action on www.Blukos.com. In the case your shopping experience was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the shopping listing number(s).
5.2 Breach. Without limiting other remedies, BluKos.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if Blukos.com is unable to verify or authenticate any information you provide to BluKos.com; or (c) if www.Blukos.com believes that your actions may cause legal liability for you, other www.Blukos.com users, or www.Blukos.com.
5.3 Termination. www.Blukos.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which www.Blukos.com, in its sole discretion, considers to be unacceptable.
6. SHOPPING TERMS
6.1 Your Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once www.Blukos.com accepts your offer, you are obligated to complete the transaction as accepted by www.Blukos.com. Accordingly, when you buy a Product on www.Blukos.com, you enter a legally binding contract in which you express intent to purchase the Product at the proposed price. Failure to do so in a timely manner will result in termination of your www.Blukos.com membership and other actions taken by www.Blukos.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.
6.2 First Time Users. First time customers will be required to pay for their first five items that they purchase. Shopping privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to shop freely on other items. Until such time, customers will not be able to make use of the www.Blukos.com membership.
6.3 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.
8.1 General Payment Policies
(a) Payment in U.S. Currency Only. All payments for Products are in United States currency.
(b) All Purchases Will Be Subject to Sales Orders. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more sales orders that will be emailed to you and stored in your My Account Control Center for 90 days from the purchasing date. www.Blukos.com will use its commercially reasonable efforts to post and make available to you your sales orders no later than one (1) hour after www.Blukos.com accepts your payment.
(c) First Time Users. First time customers will be required to pay for their first five items that they purchase. Purchasing privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to shop freely on other items.
(d) Payment Due At Time of Check Out. Payment on any Product is due promptly, after www.Blukos.com accepts your offer to buy a Product. Any payment not received within 24 hours of when www.Blukos.com accepts your offer to buy a Product will be referred for collection.
(e) Your Transactions and Obligations.By entering into this Agreement and purchasing a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and www.Blukos.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of items, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. www.Blukos.com reserves the right to demand payment if customer has more than 10 unpaid items in their account.
8.2 www.Blukos.com Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, www.Blukos.com may in its sole and absolute discretion cancel your purchase At BluKos.com's sole discretion, but without any obligation, alternate payment methods may be arranged.
8.3 Payment Methods
(a) Accepted Payment Forms. BluKos.com currently accepts:
(vi) Certain third party payment services, including PayPal.
(b) Third Parties. You agree that any payments made to www.Blukos.com through any third party payment service, such as PayPal, Bill Me Later, any credit card issuer, or any other party, will be an agreement between you and the third party. www.Blukos.com WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. www.Blukos.com MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
9.1 Sales Tax Requirements. Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers.
9.2 Your Obligations. www.Blukos.comís sales tax collections procedures do not constitute a promise that you have no other sales or use tax liabilities as a result of your purchase of Products through www.Blukos.com. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You also agree that www.Blukos.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
10. SHIPPING & DELIVERY
10.1 General Shipping Policies
(a) Available Shippers:
(i) Domestic. All domestic orders(Products shipped within the United States) will be shipped by either FedEx Smartpost or Federal Express (FedEx).
(b) Time to Ship. www.Blukos.com will not ship Products or begin to provide services until full payment for such Products or services is received. BluKos.com will deliver Products to the shipper within three (3) business days of receiving payment for such Products. During peak season, your order may take longer to ship. Additional services such as ring resizing or gem and jewelry reports may delay your order up to seven (7) additional days.
(c) Express Shipping. We will endeavor to provide you the opportunity to elect express shipping, subject to additional charges. Express shipping relates only to the services provided by a shipper and does not relate in any way to www.Blukos.com's time to deliver the Product with the shipper. BluKos.com cannot be responsible for delays in shipping. www.Blukos.com makes no warranty, express or implied, about the ability of any shipping company to deliver any package in a specified amount of time. Any delays in shipping are the responsibility of the shipping company.
(d) No Signature Release. We will not authorize any shipper to deliver any Product without an authorized recipient signature. Accordingly, if you or your designees are unavailable to sign for any Product package, it will be retained by the shipper for further delivery or follow up by you or your designee. In the event you have a signature release waiver on file with Federal Express, www.Blukos.com will not be held liable for missing or non-delivered Product(s).
(e) Separation. We reserve the right to ship Products from a single order in separate packages if the order contained services or if there are applicable size and item number limitations as set forth in this Agreement or imposed by the shipper. Any separately shipped packages may result in additional shipping charges.
(a)YOU EXPRESSLY AGREE THAT USE OF www.Blukos.com IS AT YOUR SOLERISK. THISDISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT www.Blukos.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(b) IN NO EVENT WILL www.Blukos.com BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF THE USE, OF OR INABILITY TO USE THE SITE.
(c) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER www.Blukos.com, NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY, www.Blukos.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, PRODUCTS, SERVICES AND THE MARKETPLACE, THE INABILITY TO USE PRODUCTS, SERVICES AND THE MARKETPLACE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTEREDINTOTHROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD www.Blukos.com AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES(INCLUDINGBUT NOT LIMITEDTOATTORNEYS' FEES) ARISINGFROMOR INCONNECTION WITH(A) YOUR BREACH OF THIS USER AGREEMENT,INCLUDING THE DOCUMENTSINCORPORATED BY REFERENCE;(B) YOURVIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONALLAWS, CODES OR REGULATIONS; AND/OR(C) YOUR VIOLATION OF ANYTHIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
18. 1 Trademarks. www.Blukos.com's names, logos and tag lines are trademarks of www.Blukos.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on BluKosz.com are the property of the irrespective owners. This User Agreement does not constitute a license to use any such trademarks.
18.2 Copyrights and Copyright Agent. www.Blukos.com respects the rights of all copyright holders and in this regard, www.Blukos.com has adopted and implemented a policy that provides for the termination inappropriate circumstances of subscribers and account holders who infringe the rights of copy right holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide www.Blukos.com's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17U.S.C.512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on line site are covered by a single notification, a representative list of such works at that site;
(c)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has 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
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.1 Governing Law. Any actions arising out of, or in any manner affecting the interpretation of, this Agreement as they pertain to the Marketplace, the Site, any service or any Product, whether under this Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of Florida, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods;(iii) the1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Orlando, Florida for litigation of disputes under the Agreement.
19.2 Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN ORLANDO, FLORIDA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR WWW.BLUKOS.COM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN ORLANDO, FLORIDA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR WWW.BLUKOS.COM PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
20.1 Entire Agreement. This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
20.2 No Agency; Third-Party Beneficiary. WWW.BluKos.COM is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of www.Blukos.com and you.
20.3 Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
20.4 No Waiver. www.Blukos.com's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of www.Blukos.com's right to subsequently enforce such provision or any other provisions of this User Agreement.
20.5 Headings. The section headings used herein are for convenience only and shall not be given any legal import.