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Terms and Conditions of Use

Terms & Conditions: Blue Gnu's terms and conditions are presently in a state of flux. As the terms are updated, you may be required to renew your agreement on subsequent logins. 1. Personal Use: The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Blue Gnu reserves the right to refuse service to anyone at any time without notice for any reason. 2. Proper Use: You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Blue Gnu; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Blue Gnu reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. 3. Registration obligations: You shall provide Blue Gnu with accurate registration information. Failure to do so will constitute a breach of the Terms of Use, which may result in termination of your Blue Gnu account. You may not (i) select or use as a Blue Gnu id a name of another person with the intent to impersonate that person; (ii) use as a Blue Gnu id a name subject to any rights of a person other than you without appropriate authorization. Blue Gnu reserves the right to refuse registration of, or cancel a Blue Gnu id in its discretion. 4. CopyRight Ownership: Blue Gnu does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Blue Gnu account. We will not use any of your content for any purpose except to provide you with the Service. 5. Representations and Warranties: You represent and warrant that (a) all of the information provided by you to Blue Gnu to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 6. Links: The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Blue Gnu has no control over such sites and resources, you acknowledge and agree that Blue Gnu is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Blue Gnu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 7. Privacy: As a condition to using the Service, you agree to the terms of the Blue Gnu Privacy Policy as it may be updated from time to time. Blue Gnu understands that privacy is important to you. You do, however, agree that Blue Gnu may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Blue Gnu Privacy Policy. Personal information collected by Blue Gnu may be stored and processed in the United States or any other country in which parent company Blue Gnu Media & Technology or its agents maintain facilities. By using Blue Gnu, you consent to any such transfer of information outside of your country. 8. Advertising: You may not use any communication medium provided by Blue Gnu to advertise any goods or services, except as expressly permitted by Blue Gnu. Examples include, but are not limited to, the comments, forums and private message system. 9. Indemnification: You agree to hold harmless and indemnify Blue Gnu Media & Technology, the company that operates Blue Gnu, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Blue Gnu will provide you with written notice of such claim, suit or action.

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