Terms and Conditions
Last Updated: March 19, 2021
Welcome to One Blue Land LLC (including its affiliated and associated companies and entities, collectively, the “Company,” “One Blue Land,” “we,” or “us”). We provide the website located at oneblueland.com (the “One Blue Land Website” or “Website”), as well as several Services. By “Services” we mean the One Blue Land Website and any downloadable software, mobile applications (including tablet applications), consulting and other services provided by us, or any digital media on which a link to this Terms and Conditions is displayed, and all other communications with individuals through written or oral means (such as email or phone) directed at accessing or using any service we offer.
1. Acceptance of Terms
The Services are subject to the following Terms and Conditions (the “Terms” or this “Agreement”) which form a binding agreement between you and us, and govern your use of our Website and the Services.
We reserve the right to update the Terms and/or the One Blue Land Services at any time. The most up-to-date version of the Terms will always be available on oneblueland.com/terms-of-use. Violating these Terms may result in the suspension or deletion of Services.
2. One Blue Land shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content and equipment needed for access or use.
2. Changed Terms
One Blue Land reserves the right at any time to change or modify the terms and conditions that apply to your use of the Website or Services, or any part thereof, or to impose new conditions, including but not limited to usage or service fees. Such changes, modifications, additions or deletions shall be effective immediately upon issuance of reasonable notice. Reasonable notice may take the form of postings on oneblueland.com, email notifications, conventional mailings, or other commercially viable means. Any use of oneblueland.com after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. You understand and agree that these Terms may be entered into electronically and you further agree that One Blue Land may provide information or updates to you relating to the Services or these Terms, including materially relevant information, by electronic means, including through its Website, by electronic mailing, or any commercially reasonable method of electronic communications. You agree that to accept such means of communication satisfies any legal requirement that such communications be in writing. Notwithstanding the foregoing, One Blue Land reserves the right to communicate with you through paper format, via United States postal mail, FedEx, UPS, facsimile transmission, or other means so long as such means of communication are commercially reasonable.
3. Description of One Blue Land Service
One Blue Land provides comic books, graphic novels and other content in both digital and physical form for purchase. The One Blue Land Service and Website are subject to these Terms.
Nothing contained in this work constitutes a solicitation, recommendation, endorsement, or offer by One Blue Land LLC, its affiliates, subsidiaries or agents, or any third party service provider to buy or sell any securities or other financial instruments in any jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information, content or other material contained in the work before making any decisions based on such information.
You shall be responsible for obtaining and maintaining all telephone, wireless services, computer hardware, software, and other equipment needed for access to and use of the Services, and all charges related thereto.
i. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services 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 One Blue Land’s express prior approval, contains advertising or any solicitation with respect to products, services, securities or financial instruments. Any conduct that in One Blue Land’s discretion restricts or inhibits any other One Blue Land customer, client or Services user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation of users to become subscribers of other information services that compete with One Blue Land’s Services.
ii. One Blue Land Services contain copyrighted material, trade secrets, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, fictional characters, music, and sound; the entire contents of the Website is copyright protected under the United States and international intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Creation and use of a One Blue Land account for an individual or entity who does not have a relationship with One Blue Land is a violation of these Terms. Except as otherwise expressly permitted under copyright law, no copying, redistribution, reverse engineering, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of One Blue Land and the intellectual property owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
iii. You shall not upload, post or otherwise make available on oneblueland.com any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining respective intellectual property ownership in these situations rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting de-identified material to public areas of the Service, you automatically warrant that the owner of such material has granted One Blue Land 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. You also permit any other user of the Services to access, view, store or reproduce the material for that user’s personal use. You hereby grant One Blue Land the right to edit, copy, publish, use, and distribute any material that you make available to One Blue Land on or through the Website.
iv. The foregoing provisions of Section 5 are for the benefit of One Blue Land, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Use of One Blue Land Services
*Deliver any unsolicited promotional materials, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
*Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
*Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
*Upload, or otherwise make available, files that contain images, graphic designs, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
*Use any material or information, including images, graphic designs or photographs, which are made available through the One Blue Land Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
*Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
*Deliver any unsolicited advertisement or offer to sell or buy any goods or services for any business purpose.
*Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
*Restrict or inhibit any other user from using and enjoying the One Blue Land Service.
*Violate any code of conduct or other guidelines which may be applicable for the One Blue Land Service.
*Harvest or otherwise collect information about others, including e-mail addresses.
*Violate any applicable laws or regulations.
*Create a false identity for the purpose of misleading others, including One Blue Land.
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
*Use outputs from One Blue Land to build products or services that compete with the Services or in a manner inconsistent with these Terms.
One Blue Land has no obligation to monitor the Website. However, One Blue Land reserves the right to review materials posted to the Website and to remove or modify any materials and content in its sole discretion. Acting in a manner proscribed above is considered a material breach of these Terms and One Blue Land reserves the right to terminate your access to its Service in that instance without notice. One Blue Land reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, all in One Blue Land’s sole discretion.
Materials uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials.
Always use caution when giving out any personally identifiable information in any website. Except as to information created or communicated by One Blue Land, we do not control or endorse the content, messages or information found on the Website and, therefore, One Blue Land specifically disclaims any liability with regard to the Website and any actions resulting from your participation on the Website.
The Services are controlled, operated and administered by One Blue Land from offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you shall not use the One Blue Land Content accessed through oneblueland.com in any country or in any manner prohibited by any applicable laws, restrictions or regulation.
7. Member Account, Password & Security
Use of the Services may require you to create a user account and complete a registration process by providing One Blue Land with current, complete and accurate information as applicable to the Service. This may involve choosing a user name and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify One Blue Land immediately of any unauthorized use of your account or any other breach of security. One Blue Land will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by One Blue Land or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Nor may you establish an account for the purpose of providing a third party service offering if those third parties have not created personal One Blue Land accounts in their own names. You agree and acknowledge that you are responsible for maintaining the confidentiality of your password and login.
You shall use all commercially reasonable efforts to ensure that only persons authorized to have access to the One Blue Land Website are granted such access including but not limited to maintaining effective safeguards, policies and procedures designed to protect the confidentiality of usernames and passwords and to secure the applicable network from unauthorized access or intrusion, and that all persons who access the One Blue Land Website on your behalf comply with these Terms. You shall be responsible to One Blue Land for the acts and omissions of all persons who access and/or use the One Blue Land Website by or through you, or as a result of your acts or omissions, whether or not such access and/or use is authorized.
The One Blue Land Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
8. Representations and Attestations
You understand and acknowledge you must exercise independent judgment when evaluating and verifying any and all information contained in on the Website and any Services offered therein for download, viewing, or use.
9. Notice Specific to Documents that Are Available on The Website
Permission to use documents that may appear on the Website (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents is for informational and non-commercial or personal use only and such documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties.
10. Notices Regarding One Blue Land Documents, and Services that Are Available on the Website
One Blue Land may from time to time provide automatic alerts related to your One Blue Land account.
Automatic alerts may be sent to you following certain changes made online to your One Blue Land account, such as a change in your Registration Information or enrollment in any automatic payment option.
Voluntary account alerts may be turned on by default as part of the Services provided in connection with your One Blue Land account. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your One Blue Land accounts. One Blue Land may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion.
Electronic alerts will be sent to the email address you have provided as your primary email address for your One Blue Land account. You may also be able to choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Alerts may include your One Blue Land Website Login ID and certain information about your One Blue Land accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
One Blue Land does not guarantee the delivery or the accuracy of the content of any alert and shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
11. Materials Provided to One Blue Land or Posted on its Website
i. One Blue Land does not claim ownership of the material that you provide to One Blue Land while using One Blue Land’s Services, including feedback, suggestions, postings, uploads, or input provided to One Blue Land (collectively, “Submission(s)”).
However, by posting, uploading, inputting, providing, or submitting (collectively, “Posting”) Submissions you grant One Blue Land, its affiliated companies and their collective sub-licensees permission to use your Submissions in connection with the operation of the Website. These rights include without limitation the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; to design improvements to the software and analyze data relating to your Submissions; and the right to sub-license such rights to any supplier of the Services. The rights granted in this paragraph specifically exclude anything that would violate applicable laws or regulations.
No compensation will be paid with respect to the use of your Submissions, as provided herein. One Blue Land is under no obligation to post or use any Submissions that you may provide and One Blue Land may remove any Submissions at any time in its sole discretion. By Posting Submissions you warrant and represent to own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ii. IT IS SOLELY YOUR RESPONSIBILITY TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE DATA TO US. In furtherance of our providing the Services to you, you must keep your account registration information up-to-date and accurate. Failure to do so will affect the accuracy and effectiveness of the Services.
12. Disclaimer of Warranty; Limitations of Liability
Except as provided below in the Indemnification section of these Terms:
1. USER EXPRESSLY AGREES THAT USE OF ONE BLUE LAND’S SERVICES IS AT USER'S SOLE RISK. NEITHER ONE BLUE LAND, NOR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ONE BLUE LAND’S SERVICES WILL BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH SUCH WEBSITE.
2. ONE BLUE LAND PROVIDES THE SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ONE BLUE LAND IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
4. IN NO EVENT WILL ONE BLUE LAND, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
5. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, GLOBAL PANDEMIC, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
6. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL ONE BLUE LAND OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ONE BLUE LAND SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE ONE BLUE LAND SERVICES.
13. Links to Third Party Sites
Links to third party sites may appear on Website or Services. Clicking these links may direct you away from the Website; One Blue Land is not responsible for the content that you may encounter on any of these third party sites including without limitation any link contained in a linked site, or any changes or updates to a linked site. Should these links ever be provided through the Services, they will be provided only as a convenience for you and the inclusion of said links does not imply an endorsement of any kind.
Should One Blue Land supply you with links to third party sites, it would do so only as a distributor as opposed to a publisher of the content supplied by third parties. Any opinions, advice, statements, services, offers, or other information that are expressed or made available by third parties, including information providers, customers of One Blue Land or any other user of Services, are those of the respective author(s) and not of One Blue Land.
One Blue Land shall have the right, but not the obligation, to monitor the content of the Website, in its discretion and to satisfy any law, regulation or authorized government request. One Blue Land shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on oneblueland.com if and when such features of the site are activated. Without limiting the foregoing, One Blue Land shall have the right to remove any material that One Blue Land, in its sole discretion, finds to be in violation of the Terms or is otherwise objectionable.
You agree to defend, indemnify and hold harmless One Blue Land, its affiliates and their respective directors, officers, employees and agents from and against any actual or alleged claims, actions, demands, costs, fees, liabilities, expenses, and settlements (including, without limitation, reasonable legal, accounting and expert fees), arising from or related to your tortious, grossly negligent, or intentional misconduct in connection with any use of the Services by you or in association with your account.
16. Term and Termination
You may stop using the Website and Services at any time. We may for reason, with or without prior notice to you: (a) modify, limit, suspend, discontinue, or terminate, in whole or in part, any portion of the One Blue Land Website or the delivery of the related Services; and (b) monitor, modify any aspect of, limit, suspend, discontinue or terminate your use of or access to any or all the One Blue Land Website as commercially reasonable or upon your actual or anticipated breach of these Terms or any other agreements between you and One Blue Land, or your violation of any applicable laws, rules, regulations relating to your use of Services.
Your access to and use of the One Blue Land Website is subject to compliance with all of the terms and conditions set forth in these Terms. One Blue Land reserves the right, at its sole discretion, to deny further or continuing access to the One Blue Land Website to any user, including, without limitation, any user that One Blue Land determines, in its sole judgment, has violated, or is likely to violate, any aspect of this Agreement or any applicable law, rule or regulation. Without limiting the foregoing, One Blue Land shall have the right to terminate your accounts immediately in the event of a material breach of these Terms.
You are fully responsible for all of your activities in using the Services, including the One Blue Land Services, and including those activities carried out by, and the acts or omissions of, all persons who access and/or use the One Blue Land Website or Service by or through, or as a result of, your acts or omissions. You shall ensure that all such persons who access the Website, comply with: (i) this Agreement; (ii) all other agreements with, and requirements, and restrictions of One Blue Land, our officers, directors, affiliates, control persons, employees, vendors, licensors, representatives, agents, successors and assigns, and any direct and indirect third party licensors, service providers, subcontractors and sources, including third party websites, of any content offered or provided by One Blue Land; (iii) all applicable federal, state and local laws, rules and regulations; and (iv) all laws, orders, and restrictions, domestic and international, and all applicable international treaties, regarding the transmission and/or exportation of data and software products from or to the United States. If you become aware of any breaches or violation of any of the foregoing, you shall immediately notify One Blue Land thereof in writing, including by sending an email with the requisite detailed information to email@example.com.
18. Copyright Notice
All content included in or made available through any Services, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of One Blue Land or its content suppliers and protected by United States and international copyright laws. Copyright and other relevant intellectual property rights exist on all text relating to One Blue Land’s Services including the full content of the Website. The compilation of all content included in or made available through any Services is the exclusive property of One Blue Land and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any One Blue Land Services are trademarks or trade dress of One Blue Land in the United States and other countries. One Blue Land’s trademarks and trade dress may not be used in connection with any product or service that is not One Blue Land’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits One Blue Land. All other trademarks that are not owned by One Blue Land that appear in any One Blue Land Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by One Blue Land.
Any rights not expressly granted herein are reserved.
©2021, One Blue Land LLC.