Important Information About This Website

This Internet Web site is provided by NewBlue, Inc. and its affiliates (collectively, “NewBlue”). Your use of this Web site is subject to the following terms and conditions. Your use of the Web site constitutes acceptance of these terms.

IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LEAVE THIS WEB SITE.

Ownership

This site is owned and operated by NewBlue, Inc. The content and organization of this site are protected by applicable domestic and international intellectual property laws, including copyright and trade-mark laws. No material on this site may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without our express written permission. You may print and download portions of material from this site solely for your own personal, non-commercial use, provided that you agree not to change or delete any copyright or proprietary notice from the materials. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Web site, please notify NewBlue immediately at the following address: NewBlue, Inc., 3900 5th Ave., Suite 280, San Diego, CA. 92103 Attention: Legal Department.

Software

The software that is made available to you via download is the copyrighted work of NewBlue, Inc. The use of the software is governed by the terms and conditions of the end user license agreement that accompanies, or is included in the software, or as expressly stated on the Web site pages accompanying the software. An end user cannot download or install the software without agreeing to the terms and conditions of the end user license agreement. Any use or reproduction of the software in violation of the end user license agreement is expressly prohibited and may result in civil and criminal liability.

Your Communications to NewBlue

NewBlue likes to hear from you. However, in your communications with NewBlue, please keep in mind that NewBlue does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, any creative or original materials such as ideas for features or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information that you may transmit to us will become the property of NewBlue, for use by NewBlue, with no requirement for NewBlue to provide you a license or right of any kind to such creative or original material. Any communication or material you transmit to the Web site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like is, and will be treated as, non confidential and non-proprietary. Anything you transmit or post may be used by NewBlue or its affiliates or licensed to others by NewBlue or its affiliates for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, NewBlue is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Use of this Site

You may not use this site to do any of the following:

• Provide false information on your registration or otherwise, or impersonate someone else.
• Post, store, transmit, or distribute any threatening, abusive, libellous, defamatory, obscene, or objectionable materials of any kind, including anything constituting or encouraging a criminal offence, giving rise to civil liability, or otherwise violating any laws.
• Post any non-public information without the proper authorization to do so.
• Place any scripting in online postings or otherwise.
• Post, transmit or otherwise distribute any materials that contain a virus, trojan horse, worm or other harmful or disruptive component.
• Upload, post, transmit or otherwise distribute or reproduce any information, software or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or rightholder.
• Use the site in any manner that may be construed as competitive or otherwise harmful to NewBlue, Inc.

If you do any of the above, we may in our sole discretion terminate or suspend your registration immediately without notice to you.

We reserve the right for any reason to remove without notice any contents of this site received from you. Further, we reserve the right to edit any notices or postings for clarity and length or as we see fit.

You agree that upon posting information on this site, you grant NewBlue, Inc. and its successors and assign a non-exclusive, world wide, royalty free, perpetual license under your copyrights to use, distribute, reproduce and create derivative works from such information in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising.

Right to Terminate

We may in our sole discretion terminate or suspend any users registration immediately without notice to you if you breach these Terms of Use or if we are unable to verify or authenticate any information you provide to us. We reserve the right in our sole discretion to deny any person access to this site or any portion thereof without notice.

System Integrity

The use of any device, software or routine that interferes or attempts to interfere with the proper working of this site is expressly prohibited. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. In any case, you remain solely responsible for any authorized or unauthorized use of your password.

Disclaimer of Liability

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEWBLUE, INC. DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER NEWBLUE, INC. NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH MATERIALS OR TO WHOM SUCH MATERIALS MAY BE FURNISHED, FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY MATERIALS PROVIDED IN THIS SITE. NEWBLUE’S TOTAL LIABILITY UNDER THESE TERMS OF USE TO ANYONE IS LIMITED TO $100 (UNITED STATES FUNDS).

Indemnification

You agree to indemnify, defend and hold NewBlue, Inc. and its affiliates, content and service providers harmless for any liability, loss, claim and expense (including reasonable attorneys’ fees) related to your violation of these Terms of Use or use of this site.

Modification

The provisions contained in these Terms of Use may be amended from time to time by us in our sole discretion by posting a new Terms of Use on this site. The amended terms shall be effective 15 days after they are initially posted.

Notice

Any notice to you shall be made to the e-mail address provided during the registration process. The notice shall be deemed given 24 hours after e-mail is sent, unless we are notified that the e-mail address is invalid. Alternatively, we may provide notice to you by certified mail or regular mail to the address provided during the registration process.

Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of California. All legal proceedings arising out of or in connection with these Terms of Use shall be brought in San Diego, California and you expressly submit to the jurisdiction of the courts of San Diego, California.

Non-waiver

Failure of us to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Should any portion of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of us, and the remaining portions shall remain in full force and effect.

Links

NewBlue has not reviewed all of the sites linked to this Web site and is not responsible for the contents of any off-site pages or any other sites linked to this Web site. The inclusion of any link to such sites does not imply endorsement by NewBlue of the sites. Your linking to any other off-site pages or other sites is at your own risk.

General Provisions

NewBlue controls and operates this web site from its headquarters in La Jolla, California and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web site from other locations you are responsible for compliance with applicable local laws. NewBlue products are available in many parts of the world. However, this Web site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions.

Copyrights

You should assume that everything you see or read on the Web site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Web site without the written permission of NewBlue. NewBlue neither warrants nor represents that your use of materials displayed on the Web site will not infringe rights of third parties not owned by or affiliated with NewBlue. Images, photographs, illustrations, video, or animation displayed on the Web site are either the property of, or used with permission by, NewBlue. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

NewBlue and NewBlueFX are registered trademarks and NewBluePOST, NewBlueLIVE, VividCast, Titler Live, Titler Pro, TotalFX, Time to Shine, and Make the Cut are trademarks of NewBlue, Inc. All rights reserved.

Third Party Trademarks

Third party trademarks, trade names, product names and logos, contained in this Web site may be the trademarks or registered trademarks of their respective owners. If you have any questions about these Terms of Use, the practices of NewBlue, Inc., or your dealings with this site, please contact us through one of the ways listed below.

1) Use the Contact Form located on the Contact page of this site.

2) Via the US Postal Service, send us a letter to:

NewBlue, Inc.
3900 5th Ave, Suite 280
San Diego, CA 92103

We would like to receive any comments or questions about this Terms of Use Policy. Please address your comments or questions to one of the addresses listed above (for online, e-mail, or postal mail). We may occasionally update, amend, or change this Terms of Use Policy based on user feedback and as needed or appropriate. Notice of revisions will always be posted on this Terms of Use web page.

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