The Blue Fire Group Inc ("BFG"), in conjunction with a Sponsor or Administrator (hereinafter referred to as the "Sponsor"), (herein collectively referred to as the "Service Providers"), provides a collection of online resources, including an interactive neighborhood website, a neighborhood newsletter, discussion forums, and various email services, (collectively referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by BFG from time to time.
By using the Service in any way, you are agreeing to comply with these Terms and any updates hereto. In addition, when using particular BFG services, you agree to abide by any applicable posted guidelines for all such services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service Providers in any way, your only recourse is to immediately discontinue use of the Service.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.
While the Sponsor may pre-screen some resident-submitted Content before placing it on the site, neither BFG nor the Sponsor takes on any obligation or duty with respect to this Content. Neither BFG nor the Sponsor controls the Content, nor are they responsible for Content made available through the Service. User acknowledges that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the components of the Service and Content available through the Service may contain links to other websites, which are completely independent of the Service Providers. The Service Providers make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other websites as part of the Service is done at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Service Providers be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Service Providers shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms, the applicable guidelines or for any other reason.
Blue Fire Group IncPlease provide us with the following Notice:
PO Box 630738
LITTLETON, CO 80163-0738
BFG has established a Privacy Policy (available at http://www.BlueFireGroup.com/privacy.shtml) to explain to users how its information is collected and used. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that BFG may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of BFG, its users or the general public.
Sponsors may also choose to publish their own privacy policy statements.
Blue Fire Group Inc, or people who post on the neighborhood sites, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
By way of example, and not as a limitation, you agree the Service Providers may remove Content or terminate your account, without notice, if they believe, in their sole discretion, that you, have posted, emailed or otherwise made available Content:
The Service Providers are concerned about the safety and privacy of all of its users, particularly children. To that end, parents of children under the age of 18 who wish to allow their children to access the Service must authorize that access. When you provide access to the Service to your child, you certify that you are at least 18 years old and that you are the legal guardian of the child/children and that you give your child permission to access all of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for you child.
You understand and agree that sending unsolicited email advertisements to the Service Providers' email addresses or through BFG computer systems is expressly prohibited by these Terms. Any unauthorized use of BFG computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge that BFG may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BFG has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BFG reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that the Service Providers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Service Providers, in their sole discretion, have the individual right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Service Providers believe that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that the Service Providers shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
Your interactions with organizations and/or individuals found on or through the Service, including requests for real estate or financial or other professional advice from a Sponsor, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that the Service Providers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Service Providers are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BFG and the Sponsor, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not de compile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although the Service Providers do not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Service Providers an irrevocable, perpetual, non-exclusive, fully paid, unrestricted, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Service Providers expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non infringement.
The Service Providers make no warranty that
(a) the service will meet your requirements,
(b) the service will be uninterrupted, timely, secure, or error free,
(c) the results that may be obtained from the service will be accurate or reliable,
(d) any errors in the service will be corrected or
(e) this service or the content retrieved through it is free of viruses or other harmful components.
The Service Providers make no warranty regarding any goods or services or the delivery of any goods or services purchased or obtained through the service.
Any material downloaded or otherwise obtained through the service is received at your own risk and you will be responsible for any damage to you computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from the Service Providers or through the service shall create any warranty not expressly stated in the terms of service.
Under no circumstances, including, but not limited to, negligence, shall BFG, the Sponsor or Administrator, or BFG's customers or its affiliates be liable to you for any damages of any kind (including, but not limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages whether based on breach of contract or warranty, tort, product liability or otherwise) that result from the use of, or the inability to use, this Service or the Content. You specifically acknowledge and agree that the Service Providers are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Service, or with any of BFG's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
You agree to indemnify, defend and hold harmless BFG and the Sponsor and Administrator from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with: (a) the Content you upload, submit, post, or transmit through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of the Terms of Service, or (e) your violation of the rights of another. The Service Providers reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
BFG reserves the right at its discretion to change or modify these Terms and Conditions or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any lawful means including, without limitation, posting of such changes on this page.
Among other things, the Sponsor's logo and name are trademarks of the Sponsor. You agree that you will not, without prior written permission, display or use in any manner these trademarks.
The Terms of Service constitute the entire agreement between you and the Sponsor and BFG, and govern your use of the Service, superseding any prior agreements between you and the Sponsor. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado for any matter or purpose involving BFG either directly or indirectly, or in the state of domicile of the Sponsor for any matter or purpose solely concerning the Administrator or Sponsor singularly, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The failure of the Service Providers to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.
Please report any violations of the Terms of Service to BFG at bfginfo@bluefiregroup.com.
Please provide any feedback regarding this Terms of Use to BFG at bfginfo@bluefiregroup.com.
Sponsor: The third party that is presented as the formal Sponsor of the Service
Administrator: The individual agent of the Customer that is authorized to purchase the service from Blue Fire Group on behalf of the community, residents or members for their use.
Service Providers: Blue Fire Group, the Sponsor and the Administrator.