Terms of Service

 

Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Website, including any content, information, functionality, products or Services therein. This is a legal agreement between you and Blue Ocean.  IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

 

 

Through the Website, Blue Ocean. provides you, as a Member, with a variety of tools for developing, documenting, evaluating, and refining your business concept, and communicating with other Members. In addition, we provide tools for investors to analyze risks, and evaluate companies associated with business profiles. On the Website, Member Companies have the ability to create business profiles that describe your business. Your profile will be accessible by Investor Members, who may provide business advice and help you refine your business concept; and facilitate developing relationships with Members of the investment community.

 

 

Subject to this Terms of Service, we grant you a non-exclusive, revocable, non-transferable license to use the Services, including the Website. Some of our Services are provided free of charge, while others are provided at a monthly fee.

 

 

"User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members stream, post, upload and otherwise submit to the Website, including, but not limited to business profiles, investor/research analysts profiles, conference partner profiles, business plans, and private placement memoranda.

 

The Website may allow, or disallow the submission, display, hosting, sharing, and/or publishing of User Submissions. You understand that regardless of whether User Submissions are published or not published, we do not guarantee any confidentiality with respect to any User Submissions. While the Website has been designed in such a manner as to assist in the protection of your confidential data, the Website is primarily built with the intention of assisting you in establishing the business and financial connections that will help you achieve your goals.

 

You are wholly and solely responsible for the content and nature of your User Submissions and the consequences associated with publishing them on the Website.

 

You are completely responsible for knowing and abiding by all applicable local, state, national and foreign laws and regulations in connection with all User Submissions and your use of the Website and Other Services.

 

You agree to use the Website to help identify, qualify and manage all investors who request private placement memoranda or other confidential documents, ensure that all are qualified accredited investors, and that other legal requirements and qualifications have been met. You agree that no other postings, statements or documents that might be construed as an investment offering or solicitation in any User Submission are available for access by the public/Members without appropriate or equivalent regulatory controls. You understand that you are not allowed to collect and harvest information Website Members, including e-mail addresses, without their prior consent, or through any means not intentionally made available or provided for by the Website.

 

You agree that you will make no User Submission that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the rightful and lawful owner of such rights or have permission from their rightful owner to post such material and therefore grant to Blue Ocean the rights to display said material.

 

You agree not to impersonate any other person or company, and that you are indeed the person you represent yourself to be through your User Submissions, e.g. Member profile, and/or have the written consent, release, and/or permission of each and every identifiable individual person, to include the name, likeness, and any and all other data about such persons, included in your User Submissions.

 

You agree not to publish falsehoods, misrepresentations or submit material that is unlawful, defamatory, libelous, threatening, obscene, pornographic, hateful, harassing, racially or ethnically offensive, politically charged, or encourages conduct that would be considered a criminal offense, that could give rise to civil liability, violate any law, is inappropriate, or that otherwise could damage Blue Ocean or any third party.

 

You agree not to post advertisements or offer to sell or buy any goods or services for any business purpose, unless by express permission and agreement with Blue Ocean or the Website specifically allows such messages. You agree to not conduct or forward surveys, polls, contests, chain letters, or pyramid schemes as part of User Submissions, chat or video conferencing sessions, or through emails to other members.

 

You agree not to use the Website in any manner, which could disable, damage or overload the Website or interfere with any other person's use of the Website.

 

You agree to make no attempt to obtain materials or information from the Website through any means not intentionally provided for by Blue Ocean through the normal operations of the Website, nor disable, circumvent, scan, test for vulnerability, decompile, decipher or reverse engineer the source code, or in any way interfere with any features of the Website intended to secure the content, data or software, or features that are intended to prevent or restrict the use of any Website Content or User Submission.

 

You agree to make no representation regarding the accuracy or reliability of the Website Content or User Submission that could harm Blue Ocean or its Members, nor repurpose, reuse or republish the Content or User Submissions in any way that competes with Blue Ocean.

 

We have no obligation to monitor Members’ User Submissions, however, we do reserve the right to review and evaluate all User Submissions and/or to remove any materials at our sole discretion. We reserve the right to terminate your membership and restrict your access to the Website at any time without prior notice, for any breach of these Terms of Service.

 

You understand when using the Website that you will have access and exposure to User Submissions from a variety of different sources, and that Blue Ocean is in no way responsible for the accuracy, safety, usefulness, honesty, or intellectual property rights of or relating to those User Submissions. You further understand, acknowledge and agree that you will have access and exposure to User Submissions that are very possibly inaccurate, indecent, offensive, or objectionable. You further agree to waive, and do waive, any legal rights or remedies you have or may have against Blue Ocean, with respect thereto, and agree to indemnify and hold Blue Ocean, its owners and operators, affiliates, and/or licensors, completely harmless to the fullest extent allowed by law regarding all matters related to your use of the Website and the User Submission therein.

 

Blue Ocean does not control nor endorse the content, messages, reports, analysis, ratings or information found in any User Submission, and, therefore, Blue Ocean specifically disclaims any liability with regard to the use of User Submissions of Other Services of the Website and any decisions or actions that may from your participation in those Services.

 

We will fully cooperate with any and all law enforcement authorities or court order directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials.

 

 

 

In order to access certain features of the Website and Services, and to post User Submissions, you will have to create an Blue Ocean, account. At the time of registration, you will be required to choose a user name and a password. You are solely responsible for safeguarding your username and password, and you hereby agree not to share or disclose your password to any third party. Therefore, you also agree that you will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your account.

 

You agree that the information that you provide to us at all other times will be true, accurate, current and complete, to the best of your ability. By the act of creating an account on the Website, you consent to the use of this electronic version of these Terms of Service and to allowing Blue Ocean to advise you of any notices, given pursuant to these Terms of Service; and to Blue Ocean’s electronic storage of information related to these Terms of Service or your use of the Website and its Other Services.

 

 

 

You retain all of your original ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Blue Ocean (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. Blue Ocean retains the right to aggregate User Submissions and create derivative works that present data that do not identify individual users or companies.

 

You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website as permitted through the functionality of the Website and under these Terms of Service.

 

No compensation will be paid with respect to the use of any Users Submission, as provided herein. We are under no obligation to post or use any User Submission and may remove any User Submission at any time in our sole discretion.

 

All content on the Website and available through the Other Services, including information, text, graphics, photos, video, applications, software, music, sound and other files, other than User Submissions (the "Website Content"), are the proprietary property of Blue Ocean, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written consent by Blue Ocean, except that the foregoing does not apply to your own User Submissions that you legally post on the Website.

 

Recognizing the global nature of the Internet and the Blue Ocean Website, you hereby agree to comply with all of the applicable laws, rules and regulations, including but not limited to rules regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.

 

 

 

The Website and User Submissions may contain links to other web sites. The linked websites are not owned by nor under the control of Blue Ocean, and we are therefore not responsible for the contents of any such linked website. We are also in no way responsible for any form of transmission received from any Linked Website. We and other Members provide these links to you only as a convenience, e.g. links to investor conference registration, and their inclusion does not imply endorsement by us.

 

 

 

Please see our separate Privacy Statement for information about the data we collect and our use of those data.

 

 

 

Upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent of a violation of the copyright rights of others, by you, it is our policy to terminate your membership and access to the Website.

 

If you believe that your work or copyrighted material has been posted on the Website in a way that infringes upon copyright laws, please notify us through the Contact Us feature of the Website, and provide the following information: 1. the name of the person authorized represent the owner of the copyrighted material; 2. a detailed description of the copyrighted material in question; 3. a thorough explanation of where on the Website you have found the material; 4. your name, address, telephone number, and email address; 5. a written statement by you, made under penalty of perjury, that the copyrighted material is not in fact authorized by the rightful copyright owner, its agent, or the law. You will contacted by an Blue Ocean representative, who will research the issue, and will ultimately require the signature of the person named in #1 above and/or the legal owner of the copyrighted material.

 

 

 

You agree to defend, indemnify, and hold Blue Ocean, its officers, directors, employees and agents, harmless from and against any and all claims, damages, liabilities, losses, and expenses, including reasonable attorney's fees or any costs arising out of, or in any way connected with your access to or use of the Website, Other Services, Content and User Submissions; your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; your violation of these Terms of Service; or, any claim by any member or outside entity that one of your User Submissions caused damage in any way to a third party.

 

 

You agree to pay all subscription fees or charges for Other Service due on your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payments are due in advance unless otherwise mutually agreed to in writing.  All payments are non-refundable.

 

 

 

While our goal is to provide you with a stable, reliable, and constantly available service, we cannot and do not guarantee 100% availability of the Website, or that there will not be substantial outages that occur as a result of unforeseen technical difficulties, or as the result of malicious attacks, which may, result in service interruptions or loss of data. Therefore, Blue Ocean’s Website are provided strictly on an "as is" basis, and we have no liability for consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, loss of business opportunity, or any other pecuniary loss) which may result from your voluntary use of the Website.

 

While our goal is to provide a consistently useful and effective Website, we reserve the right, without prior notification and at any time, to modify, restrict, or discontinue, either temporarily or permanently, any part of the Website’s functionality. You agree that neither Blue Ocean nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

 

 

 

ASIDE FROM THE OTHER SERVICES PUBLICLY OFFERED ALL MEMBERS ON THE WEBSITE, Blue Ocean HAS NO AFFILIATION OR ASSOCIATION WITH ANY INVESTOR OR INVESTMENT OPPORTUNITY AND DOES NOT PARTICIPATE AS AN INVESTOR OR MEMBER COMPANY PRESENTING AN INVESTMENT OPPORTUNITY.

 

THE WEBSITE IS PRESENTED AS A PLATFORM FOR INFORMATIONAL PURPOSES. Blue Ocean PROVIDES NO ANALYSIS, INVESTIGATION, ASSESSMENT OR VERIFICATION OF ANY INFORMATION OR USER SUBMISSIONS PROVIDED BY AN INVESTOR, RESEARCH ANALYST OR MEMBER COMPANY REGARDING ANY INVESTMENT OPPORTUNITY. Blue Ocean HAS NO LIABILITY WITH RESPECT TO THE USER SUBMISSIONS, ACTIONS OR OMISSIONS OF ANY USER OR THIRD PARTY USING THE WEBSITE.

 

Blue Ocean DOES NOT ITSELF MAKE VALUE JUDGMENTS, RECOMMEND NOR ENDORSE ANY SPECIFIC INVESTMENT OPPORTUNITY OR INVESTOR ON THE WEBSITE.  FURTHER, Blue Ocean MAKES NO CLAIMS, ASSESSMENT, REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, AVAILABILITY, TIMELINESS, ACCURACY, RELIABILITY, AND/OR COMPLETENESS OF THE INFORMATION, USER SUBMISSIONS, PRODUCTS, SERVICES AND RELATED DOWNLOADABLE DOCUMENTS CONTAINED ON THE WEBSITE. Blue Ocean SHALL IN NO WAY BE SUBJECT TO LIABILITY ASSOCIATED TO THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS (OR THE LACK THEREOF) OF ANY USER SUBMISSION OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR FOR ANY ERRORS, OMISSIONS OR MISREPRESENTATIONS, INTENDED OR UNTENTIONAL THEREIN, OR FOR ANY INTERRUPTIONS OF SERVICE OR AVAILABILITY OF THE INFORMATION OR DATA STREAM FOR WHATEVER CAUSE. YOU AGREE TO USE THE WEBSITE SOLELY AT YOUR OWN RISK.

 

THE WEBSITE IS PURELY A RESOURCE FOR MEMBERS. Blue Ocean IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE, ON THE PART OF Blue Ocean, A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. YOU MUST USE YOUR OWN DUE DILIGENCE INVESTIGATION AND USE YOUR OWN PERSONAL INVESTMENT CRITERIA TO DRIVE YOUR OWN INVESTMENT DECISIONS.

 

Blue Ocean OFFERS AND PROVIDES NO ENDORSEMENT OR CERTIFICATION THAT ANY INVESTOR IS A SOPHISTICATED, ACCREDITED INVESTOR WITH THE ABILITY TO INCUR THE RISK OF ANY INVESTMENT. RATHER, THE WEBSITE SIMPLY PROVIDES INFORMATION, ENTERED, PRESENTED AND ATTESTED TO BY ITS MEMBERS IN ACCORDANCE WITH THESE TERMS OF SERVICE. AS A MEMBER COMPANY, IT IS YOUR RESPONSIBILITY TO DETERMINE IF AN INVESTOR IS A SOPHISTICATED, ACCREDITED INVESTOR WITH THE ABILITY TO INCUR THE RISK OF A PARTICULAR INVESTMENT.

 

YOU HEREBY WAIVE AND RELEASE Blue Ocean, IT’S AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT MAY ARISE OUT OF OR RELATING TO THE USE OF THE WEBSITE. THE WEBSITE SHOULD IN NO WAY BE RELIED UPON BY YOU FOR PERSONAL, FINANCIAL, BUSINESS OR LEGAL ADVICE OR DECISIONS AND YOU SHOULD DUTIFULLY CONSULT A TRUSTED PROFESSIONAL, INCLUDING BUT NOT LIMITED TO INVESTMENT ADVISORS, LICENSED SECURITY BROKERS, CERTIFIED PUBLIC ACCOUNTS, AND ATTORNEYS, FOR WELL-REASONED, SPECIFIC ADVICE TAILORED TO YOUR PERSONAL NEEDS, FINANCIAL SITUATION AND RISK TOLERANCE.

 

 

 

Blue Ocean reserves the right, in our sole discretion, upon breach of these Terms of Service, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

 

You may terminate your member subscription at any time and for any reason by posting your request with an account representative. When you terminate your account, your account will no longer be accessible. If notice of your intent to terminate is received at least two (2) business days prior to your next recurring billing date, no additional charges will be incurred. However, termination or cancellation will in no way affect your obligations to Blue Ocean under these Terms of Service, which are intended to survive termination or cancellation.

 

 

 

We reserve the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the fees associated with the use of the Website.

 

 

 

All contents of Website are: Copyright 2011 Blue Ocean All rights reserved.

 

Any rights not expressly granted herein are reserved.