Introduction :
This Web site is operated by Bluex Bulbs LLC. Throughout the site, the terms “we,” “us”
and “our” refer to Bluex Bulbs. Bluex Bulbs offers this Website, including all information,
tools and services available from this site, to you, the user, conditioned upon your
acceptance of all the terms, conditions, policies and notices stated here. Your use of this site
constitutes your agreement to these Terms of Use.
Accuracy :
Bluex Bulbs is not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk. This site may
contain certain historical information. Historical information necessarily is not current
and is provided for your reference only. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update any information on the site.
You agree that it is your responsibility to monitor changes to the site.
Use of Materials on the Site:
All content on this site (including, without limitation, text, design, graphics, logos, icons,
images, audio clips, downloads, interfaces, code and software, as well as the selection
and arrangement thereof), is the exclusive property of and owned by Bluex Bulbs, its
licensors or its content providers and is protected by copyright, trademark and other
applicable laws. You may access, copy, download and print the material contained on
the site for your personal and non-commercial use, provided you do not modify or delete
any copyright, trademark or other proprietary notice that appears on the material you
access, copy, download or print. Any other use of content on the site, including but not
limited to the modification, distribution, transmission, performance, broadcast,
publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation
of derivative works from, any material, information, software, products or services
obtained from the site, or use of the site for purposes competitive to Bluex Bulbs, is
expressly prohibited. You agree to abide by all additional restrictions displayed on the
site as it may be updated from time to time. Bluex Bulbs reserves the right to refuse or
cancel any person’s registration for this site, remove any person from this site or prohibit
any person from using this site for any reason whatsoever. Bluex Bulbs, or its licensors
or content providers, retain full and complete title to the material provided on the site,
including all associated intellectual property rights, and provide this material to you
under a license that is revocable at any time in BLUEX BULBS’s sole discretion. Bluex
Bulbs neither warrants nor represents that your use of materials on this site will not
infringe rights of third parties not affiliated with Bluex Bulbs.
You may not use contact information provided on the site for unauthorized purposes,
including marketing. You may not use any hardware or software intended to damage or
interfere with the proper working of the site or to surreptitiously intercept any system,
data or personal information from the site. You agree not to interrupt or attempt to
interrupt the operation of the site in any way. Bluex Bulbs reserves the right, in its sole
discretion, to limit or terminate your access to or use of the site at any time without
notice. Termination of your access or use will not waive or affect any other right or relief
to which Bluex Bulbs may be entitled at law or in equity.
Materials You Submit :
You acknowledge that you are responsible for any material you may submit via the site,
including the legality, reliability, appropriateness, originality and copyright of any such
material. You may not upload to, distribute or otherwise publish through this site any
content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual
property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or
encourage a criminal offense, violate the rights of any party or otherwise give rise to
liability or violate any law; or (iii) may contain software viruses, political campaigning,
chain letters, mass mailings, or any form of “spam.” You may not use a false email
address or other identifying information, impersonate any person or entity or otherwise
mislead as to the origin of any content. You may not upload commercial content onto
the site.
If you do submit material, and unless we indicate otherwise, you grant Bluex Bulbs and
its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such material throughout the world in any media. You
further agree that Bluex Bulbs is free to use any ideas, concepts, know-how that you or
individuals acting on your behalf provide to Bluex Bulbs. You grant Bluex Bulbs and its
affiliates the right to use the name you submit in connection with such material, if they
so choose. All personal information provided via this site will be handled in accordance
with the site’s online Privacy Policy. You represent and warrant that you own or
otherwise control all the rights to the content you post; that the content is accurate; that
use of the content you supply does not violate any provision herein and will not cause
injury to any person or entity; and that you will indemnify Bluex Bulbs for all claims
resulting from content you supply.
Conduct on the Site :
Some features that may be available on this site require registration. By registering at
and in consideration of your use of the site you agree to provide true, accurate, current
and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting
your password. You agree that you will be responsible for any and all statements made,
and acts or omissions that occur, through the use of your password. If you have any
reason to believe or become aware of any loss, theft or unauthorized use of your
password, notify Bluex Bulbs immediately. Bluex Bulbs may assume that any
communications Bluex Bulbs receives under your password have been made by you
unless Bluex Bulbs receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our
proprietary marks as meta tags, without our written consent. These marks include, but
are not limited to, Bluex Bulbs. You may not use frames or utilize framing techniques or
technology to enclose any content included on the site without Bluex Bulbs express
written consent. Further, you may not utilize any site content in any meta tags or any
other “hidden text” techniques or technologies without Bluex Bulbs express written
consent.
Links :
This site may contain links to other Web sites, some of which are operated by Bluex Bulbs
or its affiliates and others of which are operated by third parties. These links are provided as
a convenience to you and as an additional avenue of access to the information contained
therein. We have not necessarily reviewed all the information on those other sites and are
not responsible for the content of those or any other sites or any products or services that
may be offered through those or any other sites. Inclusion of links to other sites should not
be viewed as an endorsement of the content of linked sites. Different terms and conditions
may apply to your use of any linked sites. Bluex Bulbs is not responsible for any losses,
damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights :
Trademarks, logos and service marks displayed on this site are registered and unregistered
trademarks of Bluex Bulbs, its licensors.content providers, or other third parties. All of these
trademarks, logos and service marks are the property of their respective owners. Nothing on
this site shall be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any trademark, logo or service mark displayed on the site without the owner’s
prior written permission, except as otherwise described herein. Bluex Bulbs reserves all
rights not expressly granted in and to the site and its content. This site and all of its content,
including but not limited to text, design, graphics, interfaces and code, and the selection and
arrangement thereof, is protected as a compilation under the copyright laws of the United
States and other countries.
Infringement Notice :
We respect the intellectual property rights of others and request that you do the same.
You are hereby informed that Bluex Bulbs has adopted and reasonably implemented a
policy that provides for the termination in appropriate circumstances of subscribers and
account holders of Bluex Bulbs system or network who are repeat copyright infringers. If
you believe your copyright or the copyright of a person on whose behalf you are
authorized to act has been infringed, you may notify our intellectual property counsel at:
Bluex Bulbs
Brooklyn, New York 11218 US
To be effective, your notification must (i) be in writing, (ii) be provided to our intellectual
property counsel, and (iii) include substantially the following:
● A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
● 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 the service provider
to locate the material;
● Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
● 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
● A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Bluex Bulbs is under no obligation to post, forward, transmit, distribute or otherwise
provide any material available on this site, including material you provide to us, and so
we have an absolute right to remove any material from the site in our sole discretion at
any time.
DISCLAIMERS :
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR
TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF
AT ANY TIME. BLUEX BULBS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE
NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF
PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT
THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE
VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE,
ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE,
YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM BLUEX BULBS OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY OF ANY KIND. BLUEX BULBS DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS
SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF
WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY :
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY
FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY
INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY
NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN
RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BLUEX BULBS NOR ITS
AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY
WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A
LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A
RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY
TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES
ADVERTISED IN OR OBTAINED THROUGH THE SITE, BLUEX BULBS’S REMOVAL
OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUEX BULBS,
ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE
CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM
OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND
ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NEITHER BLUEX BULBS NOR ITS SUPPLIERS
SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF
THE ABOVE CLAIMS OR ANY DISPUTE WITH BLUEX BULBS IS TO DISCONTINUE
YOUR USE OF THE SITE. YOU AND BLUEX BULBS AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF
ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Indemnification :
You agree to indemnify, defend and hold harmless BLUEX BULBS and its affiliates and their
officers, directors, employees, contractors, agents, licensors, service providers,
subcontractors and suppliers from and against any and all losses, liabilities, expenses,
damages and costs, including reasonable attorneys’ fees and court costs, arising or
resulting from your use of the site and any violation of these Terms of Use. If you cause a
technical disruption of the site or the systems transmitting the site to you or others, you
agree to be responsible for any and all losses, liabilities, expenses, damages and costs,
including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
BLUEX BULBS reserves the right, at its own expense, to assume exclusive defense and
control of any matter otherwise subject to indemnification by you and, in such case, you
agree to cooperate with BLUEX BULBS in the defense of such matter.
Jurisdiction and
Applicable Law :
The laws of the State of Ohio govern these Terms of Use and your use of the site, and you
irrevocably consent to the jurisdiction of the courts located in the County of Cuyahoga for
any action arising out of or relating to these Terms of Use. We recognize that it is possible
for you to obtain access to this site from any jurisdiction in the world, but we have no
practical ability to prevent such access. This site has been designed to comply with the laws
of the State of Ohio and of the United States. If any material on this site, or your use of the
site, is contrary to the laws of the place where you are when you access it, the site is not
intended for you, and we ask you not to use the site. You are responsible for informing
yourself of the laws of your jurisdiction and complying with them. Changes to These
Terms of Use :
BLUEX BULBS reserves the right, at its sole discretion, to change, modify, add or
remove any portion of these Terms of Use, in whole or in part, at any time, by posting
revised terms on the site. It is your responsibility to check periodically for any changes
we make to the Terms of Use. Your continued use of the site after any changes to the
Terms of Use or other policies means you accept the changes.
In the event we make material changes to the Terms of Use, notice of the changes will
be posted on the homepage of this Web site and the revised terms will take effect thirty
days after their publication on the site.
Entire Agreement and Admissibility :
This agreement and any policies or operating rules posted on this site constitute the entire
agreement and understanding between you and BLUEX BULBS with respect to the subject
matter thereof and supersede all prior or contemporaneous communications and proposals,
whether oral or written, between the parties with respect to such subject matter. A printed
version of these Terms of Use shall be admissible in judicial or administrative proceedings
based on or relating to use of the site to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form.
Severability :
If any provision of this agreement is unlawful, void or unenforceable, the remaining
provisions of the agreement will remain in place.
How to Contact Us:
If you have any questions or comments about these Terms of Use or this site, please
contact us by:
Bluex Bulbs
146 Sixth St Pittsburgh, PA 15222