Copyright © 2008 Heritage Entertainment Inc. All rights reserved. | Terms of Use
By using the Blu Martini website (the "Site") you are agreeing to be bound by the following Terms and Conditions:
1. The trademark Blu Martini as well as certain logos and other Marks used in the Site (the "Marks") are owned by Heritage Entertainment Inc. You may not use the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms and Conditions. Blu Martini is wholly owned by Heritage Entertainment Inc., as it will be referred to in the remainder of this document.
2. You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark, or other proprietary notice. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Heritage Entertainment Inc.
3. The Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Heritage Entertainment Inc. through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of Heritage Entertainment Inc. and we are free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
4. Heritage Entertainment Inc. has used reasonable efforts to include accurate and up-to-date information on the Site; however, it makes no warranties or representation as to the accuracy of its contents. Heritage Entertainment Inc. assumes no liability or responsibility for any errors or omissions in the contents of the Site.
5. This Site and all content, included or available therein, are provided "As Is" and "As Available" with all faults. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). Heritage Entertainment Inc. does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any content is accurate or correct. Your use of this Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall Heritage Entertainment Inc., its parent, subsidiaries, or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Heritage Entertainment Inc. had been advised of the possibility of such liability. The total liability of Heritage Entertainment Inc. to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Site. You may bring no claim against Heritage Entertainment Inc. more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of Heritage Entertainment Inc. in such jurisdiction shall be limited to the extent permit by the law thereunder.
6. Heritage Entertainment Inc. makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, Heritage Entertainment Inc. does not endorse any products or services offered by any company or person linked to its Site.
7. This Site is controlled by Heritage Entertainment Inc. from its offices within the United States of America. Heritage Entertainment Inc. makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Indiana without regard to its conflict of law principles.
8. Any failure by Heritage Entertainment Inc. to enforce any of its right under these Terms and Condition or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a Court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and Heritage Entertainment Inc. relating to your use of the Site.
9. Heritage Entertainment Inc. may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
