BlueBucs.com Terms of Service (TOS)
1. Definitions.
"BlueBucs.com" is an interactive online information portal designed to help ticket brokers, concert goers, and sports fans obtain information on buying, selling, or trading event tickets. It is a Joint Venture of BlueBucs Tickets ("BBT") and Rachel Queen Services Group, LLC ("RQSG"). It is made up of information services and content provided by BBT/RQSG, affiliates of BBT/RQSG, and other third parties.
"User" means each person who establishes or accesses a connection for access to and use of BlueBucs.com.
"Subscriber" means each person who pays a monthly membership fee to BBT/RQSG for access to members-only content at BlueBucs.com.
"Member Account" means the Username/Password-protected account that allows the Subscriber access to members-only content at BlueBucs.com.
2. General.
- This "Terms of Use Agreement" ("Agreement") contains the terms and conditions that apply to the use of BlueBucs.com by Users and Subscribers. By using BlueBucs.com the User and/or Subscriber agrees to comply with all of the terms and conditions of this Agreement. (Entering BlueBucs.com and reading this Agreement on the User/Subscriber's first visit is the only exception to the acceptance of the aforementioned guidelines.)
- Each User and/or Subscriber is responsible for all of his/her site activities (on any computer or web browser ["Client"]) and for ensuring the confidentiality of the User/Subscriber's password(s), if any.
- BBT/RQSG retains the right to at any time change or discontinue any aspect or feature of BlueBucs.com, including, but not limited to, content, hours of service, and equipment required for access and/or use.
3. Change of Terms.
BBT/RQSG retains the right to at any time change or modify this Agreement or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, or, increasing or decreasing membership fees required for access to members-only content. Any such changes, modifications, additions or deletions will be effective immediately upon notice thereof. "Notice thereof" means notice given by any means including, but not limited to, posting on BlueBucs.com, by electronic or conventional mail, or by any other means by which the User/Subscriber obtains notice thereof. Any use of BlueBucs.com after such notice constitutes the User/Subscriber's acceptance of such changes, modifications, additions, or deletions.
4. Equipment.
User/Subscriber is responsible for obtaining and maintaining all telephone, computer hardware and any other equipment required for access to and use of BlueBucs.com, as well as any and all charges related to such equipment.
5. Membership Fees/Dues
BlueBucs.com Membership Fees/Dues are processed via PayPal.com, listing Rachel Queen Services Group, LLC as the payee/biller, and recur each month, on or about the monthly anniversary of the User/Subscriber's BlueBucs.com membership. Membership Fees are never prorated.
6. User/Subscriber Conduct
- User/Subscriber agrees to use BlueBucs.com for lawful purposes only. User/Subscriber will not post to or transmit through BlueBucs.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BBT/RQSG's prior and express written consent, contains advertising or any solicitation with respect to products or services. User/Subscriber will not use BlueBucs.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users/subscribers of other online services competitive with BlueBucs.com. Any such conduct by a User/Subscriber, or any other conduct that in BBT/RQSG's discretion restricts or inhibits use and/or enjoyment of BlueBucs.com by other Users/Subscribers, will not be tolerated, and may result in the immediate termination of the User/Subscriber's Member Account, without refund of any portion of any membership fees paid to BlueBucs.com.
- User/Subscriber agrees to be the sole user of his/her account. User/Subscriber will not permit any other person or persons, or entities to share his/her Member Account. Any such conduct by a User/Subscriber that in BBT/RQSG's discretion constitutes sharing of the User/Subscriber's Member Account will not be tolerated, and may result in the immediate termination of the User/Subscriber's Member Account, without refund of any portion of any membership fees paid to BBT/RQSG.
- BlueBucs.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, programming, photos, and graphics. The entire contents of BlueBucs.com are copyrighted as a collective work under the copyright laws of the United States. User/Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the content, in whole or in part. User/Subscriber may download copyrighted material for User/Subscriber's personal use only. No copying or any other form of redistribution will be permitted by BBT/RQSG, except as permitted by copyright laws. In the event of any permitted copying or other form of redistribution of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice is permitted. User/Subscriber acknowledges that he/she does not obtain copyright ownership by downloading copyrighted material.
- User/Subscriber will not upload, post or otherwise make available on BlueBucs.com any material protected by copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests solely with the User/Subscriber. The submission of any material to any public area of BlueBucs.com constitutes that the User/Subscriber has expressly granted to BBT/RQSG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User/Subscriber also grants permission to any other User/Subscriber to access, view, store, or reproduce the material for that User/Subscriber's personal use.
- BBT/RQSG and each of its respective subsidiaries, parent companies, affiliates, and third party content providers and licensors each have the right to assert and enforce the provisions of Section 5 of this Agreement directly or on its own behalf.
7. Warranty Disclaimer; Limitation of Liability.
- User/Subscriber expressly agrees that use of BlueBucs.com is at his/her sole risk. No warranty of any kind regarding the use of BlueBucs.com is implied nor provided by BBT/RQSG, its affiliates, nor any of their respective employees, agents, third party content providers or licensors. Nor do they make any warranty regarding the accuracy, reliability or content of any information, service, advertising, or merchandise provided through BlueBucs.com.
- This disclaimer of liability applies to any damages or injury caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User/Subscriber specifically acknowledges that BBT/RQSG is not liable for the defamatory, offensive, or illegal conduct of other Users/Subscribers or third parties, and that the risk of injury from the foregoing rests entirely with User/Subscriber.
8. Monitoring.
BBT/RQSG retains the right, but without obligation, to monitor the content of BlueBucs.com to determine the compliance with this Agreement and any operating rules established by BBT/RQSG and to satisfy any law, regulation, or authorized government request. BBT/RQSG retains the right, at its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on BlueBucs.com.
9. Indemnification.
User/Subscriber agrees to defend, indemnify, and hold faultless BBT/RQSG, its respective affiliates and parent companies, and each of their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising out of the use of BlueBucs.com by User/Subscriber or User/Subscriber's Client.
10. Termination.
Either BBT/RQSG or User/Subscriber may terminate this Agreement at any time. Without limiting the foregoing, BBT/RQSG retains the right to immediately terminate the User/Subscriber's Membership in the event of any conduct by User/Subscriber which BBT/RQSG, at its sole discretion, considers to be unacceptable, or in the event of any breach by User/Subscriber of this Agreement. Termination by either the User/Subscriber or BBT/RQSG shall not result in a refund of any portion of any membership fees paid to BlueBucs.com. The provisions of Sections 6(c), 6(d), 7, 9, 11, and this Section 10 shall survive termination of this Agreement.
11. Trademarks.
BlueBucs.com and its logo(s) are trademarks of BBT/RQSG. All rights reserved. All other trademarks appearing on BlueBucs.com are the property of their respective owners.
12. Third Party Content.
BBT/RQSG is a distributor of third party content, but not a publisher. It therefore has no editorial control over such content (similar to a library or a newsstand). In that regard, BBT/RQSG implies nor provides any warranty to the accuracy or timeliness of any such content. The comments, advice, or any other views of the author(s) of such third party content belong to the author(s), and in no way reflects the views of BBT/RQSG, its affiliates and their parent companies, and each of their respective employees, directors, officers, and agents. User/Subscriber acknowledges this and agrees to hold BBT/RQSG, its affiliates and their parent companies, their respective employees, directors, officers and agents blameless from any damages related to said third party content.
13. Miscellaneous.
This Agreement and any operating rules for BlueBucs.com established by BBT/RQSG constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Copyrights and Copyright Agent.
BBT/RQSG respects the rights of all copyright holders. If you believe that BlueBucs.com contains your work that has been copied in a way that constitutes copyright infringement, please provide BBT/RQSG's Copyright Agent the following information as required by the Online Copyright Infringement Liability Limitation Act or the Digital Millennium Copyright Act, 17 U.S.C. ยค 512:
- 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 copyright 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 us to locate the material
- Information reasonably sufficient to permit us to contact the complaining party
- 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
For copyright inquiries under the Digital Millennium Copyright Act please contact
Copyright Agent
PO Box 1073
Wolfforth, TX 79382
copyright@bluebucs.com
For web posting, reprint, or licensing requests for BBT/RQSG material please contact licensing@bluebucs.com.
For any questions or requests other than copyright issues or licensing requests, please contact info@bluebucs.com.
