LEGAL
Welcome to www.TheBluPen.com (the “Website”). This Website is owned and operated by The BluPen, LLC (“BluPen”).
This Website is governed by these Terms and Conditions, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using our Website, you agree to abide by the Terms and Conditions set forth below. We reserve the right, at any time, to modify or update these Terms and Conditions, and you agree to be bound by such modifications or updates.
Copyright Notice
This Website and all of the content on this Website are owned by BluPen, its clients, or its content suppliers and are protected by copyright and other intellectual property laws. The BluPen hereby grants you the right to view and access this Website, but you may not download or use any content on this Website for any personal or commercial purpose. Absent the prior written consent of BluPen or except as specifically permitted in accordance with these Terms and Conditions governing use of this Website, you may not copy, modify, create derivative works, distribute or alter any content on this Website. All rights not expressly granted to you under these Terms and Conditions are reserved.
Some content on this Website belongs to clients of BluPen and is being shown for promotional purposes only. You may not copy or use such client content for any purpose.
Permitted Use
This Website is for your personal and informational use only. Any other use requires our prior written consent.
Prohibited Conduct
You must comply with all guidelines, rules and terms set forth by BluPen in connection with this Website. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Website. You may not exceed the limited access to the Website granted to you by BluPen.
Unsolicited Materials
Please note that it is a policy of BluPen not to accept or consider unsolicited creative, production-related or other materials of any kind. BluPen will consider any and all materials, including proposals, ideas, concepts, drafts, rough cuts or finished work product submitted through this Website not to be confidential or proprietary, and to be freely available for use of any kind, including advertisements and promotions, without recognition, compensation or payment of any kind.
Privacy
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.
Links
For your information and convenience, BluPen may provide links through this Website to websites operated by other parties. Such websites are not under the control of BluPen. The BluPen assumes no responsibility for the contents of any third-party website, or for any potential damage arising out of or in connection with the use of any such link.
In addition, the existence of a link between this Website and any other website is not and shall not be understood to be an endorsement by BluPen of the owner or proprietor of the linked internet website, nor an endorsement of BluPen by the owner or proprietor of such linked website.
Disclaimer
THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, BluPen’s liability is limited to the greatest extent permitted by law.
Indemnity
You agree to defend, indemnify and hold harmless BluPen, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by BluPen) or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law
The laws of the State of California shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN LOS ANGELES, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEBSITE.
Any claims asserted by you in connection with the Website must be asserted in writing to BluPen within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Severability
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
Waiver; Remedies
The failure by us to partially or fully exercise any rights, or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Contact Information
Should you have any questions you may contact us at:
The BluPen, LLC, 7190 W. Sunset Blvd. #72C, Los Angeles, CA 90046
Tel: 213.266.8520
Email: [email protected]
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PRIVACY POLICY
The BluPen, LLC (“BluPen”) respects the privacy of its website users and has created this privacy policy statement in order to demonstrate our commitment to your privacy. The following discloses our information gathering, use and dissemination practices solely for the website located at www.theblupen.com (the “Website”).
By using or accessing the Website, you signify your assent to our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.
Personal and Non-Personally Identifiable Information
When using the Website, you may choose to provide BluPen with certain personally identifiable information about yourself (“Personally Identifiable Information”). Personally Identifiable Information can include your name and email address. In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type and other data, and may aggregate any information collected in a manner which does not identify any individual (“Aggregate Information”).
Information Usage
Unless disclosed otherwise at the time of collection, we do not share any Personally Identifiable Information you submit through the Website with any unaffiliated third party, unless it is necessary to respond to your inquiry, or to comply with applicable law. We may use Aggregate Information to improve and enhance your experience on the Website and for our research activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personally Identifiable Information.
We will not sell your Personally Identifiable Information to any third party not affiliated with BluPen without your consent, except we may do so without your consent in connection with the sale or merger of BluPen or the division responsible for such services.
Please note that we reserve the right to access and/or disclose Personally Identifiable Information and non-personal information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Website rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.
Security
The security of your Personally Identifiable Information is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. We cannot state that we can completely guarantee that communications between you and BluPen or information stored on the Website or our servers will be completely free from unauthorized access by third parties such as hackers. Therefore, by using the Website, you acknowledge that the potential for unauthorized access still exists and you agree to assume this risk.
Protection for Children
We have no intention of collecting personal information from children under the age of 13. When we become aware that personal information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
Changes to Policy; Opt-Out Process
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personally Identifiable Information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Website following the posting of any changes to this policy means you accept such changes. We give you the option to remove your Personally Identifiable Information from any lists that we maintain of users. All unsubscribe or opt-out requests should be sent to us at [email protected] and we will process your request within a reasonable time after receipt. We are not responsible for removing your Personally Identifiable Information from the lists of any third party who has previously been provided your information in accordance with this policy.
Website Terms and Conditions
Use of this Website is governed by, and subject to, the Website Terms and Conditions. Your use, or access, of the Website constitutes your agreement to be bound by these provisions.
Contact
Contact: For questions or concerns relating to privacy, we can be contacted at: [email protected]
United States of America:
Our Website is maintained in the United States of America. By using the Website, you expressly authorize us to export your Personally Identifiable Information to the USA and to store and use it in the USA as specified in this policy.
Effective Date
This privacy policy is effective and was last updated on December 29, 2020.