BLUE CHALK MEDIA LLC – TERMS OF USE

Last Updated on November 17, 2013

GENERAL PROVISIONS/ACCEPTANCE

This website (“Website”) is comprised of various webpages owned and operated by Blue Chalk Media LLC (“Blue Chalk”).  Your use of the Website is subject to these terms of use (“Terms of Use”), a legally binding agreement between you and Blue Chalk.  By using the Website, you acknowledge that you have read, understand and agree to be bound by the Terms of Use.  The Terms of Use also includes the privacy policy found at bluechalk.com/privacy and incorporated herein by this reference.

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

USE OF SITE CONTENT

All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the “Site Content”), is owned by or licensed to Blue Chalk, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you “AS IS” for your personal and informational use. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Blue Chalk’s prior written permission. You are granted a limited, revocable, nontransferable license to access and use the Website and the Site Content solely for your personal, non-commercial use. The aforementioned license is subject to the Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. The aforementioned license is revocable at any time without notice and with or without cause.

You may not upload, extract, republish or otherwise use any Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Blue Chalk, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

THIRD PARTY WEBSITES

The Website may contain links to other websites or make use of third party services or sites (“Third Party Sites”).  Among the Third Party Sites that you may find links to on this Website may include Blue Chalk’s clients.  In addition, Blue Chalk uses Vimeo (vimeo.com) for hosting of video content. No Third Party Sites are under the control of Blue Chalk, and Blue Chalk is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on or in control of any such Third Party Sites. Such Third Party Sites are subject to the their own terms of use and/or other relevant rules that apply to them and your visit to them is entirely at your own risk .

PROTECTING YOUR PRIVACY

Blue Chalk is committed to your privacy. Click here to view the Website’s Privacy Policy.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Blue Chalk be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Site Content. You specifically acknowledge and agree that Blue Chalk is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Blue Chalk material, or with any of Blue Chalk's terms and conditions, your sole and exclusive remedy is to discontinue using Blue Chalk.

GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law.  With respect to any disputes or claims arising out of these Terms of USE, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of located in New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York, New York.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

CHANGES TO TERMS OF USE

Blue Chalk may change or modify the Terms of Use at any time without further notice.  The date at the top of this Terms of Use page indicates when it was last revised. Your continued use of the Website after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Website.