By accessing the Blue Room Web Site, you acknowledge this notice and agree, without modification, to all the terms and conditions set out below (collectively called the "Terms and Conditions"). If you do not agree with any of the Terms and Conditions, you should immediately discontinue using this site. Except where stated otherwise, the term "Blue Room" used in the Terms and Conditions includes Blue Room Company and its licensees and their respective officers, directors, employees, suppliers, agents, affiliates, subsidiaries, successors and assigns.
DISCLAIMER AND LIMITATION OF LIABILITY
THE BLUE ROOM WEB SITE AND THE INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE BLUE ROOM WEB SITE IS AT YOUR OWN RISK. BLUE ROOM MAKES AND, BY USING OR ATTEMPTING TO USE THE BLUE ROOM WEB SITE, YOU ACKNOWLEDGE THAT YOU RECEIVE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE BLUE ROOM WEB SITE OR ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BLUE ROOM WEB SITE. Even if advised of the possibility, under no circumstances will Blue Room or any other party involved in creating, producing, or distributing the Blue Room Web Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Blue Room Web Site, including but not limited to reliance by you on any information obtained from the Blue Room Web Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, including without limitation those that result from acts of God, communications failure, theft, destruction, or unauthorized access to Blue Room's records, programs, or services.
THE PRICES, MATERIALS AND INFORMATION CONTAINED IN THE BLUE ROOM WEB SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE AND MAY VARY FROM THOSE PRICES CHARGED THROUGH OTHER BLUE ROOM ORDERING SYSTEMS AND FROM LOCATION TO LOCATION.
TRADEMARKS AND COPYRIGHTS
Blue Room Company owns and operates the Blue Room Web Site. Blue Room, blueroomonline.com, theblueroomgroup.com and related words, domain names and logos are trademarks and the property of Blue Room Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. The material contained in the Blue Room Web Site, including content, site design, text, graphics, and the selection and arrangement hereof are Copyright © Blue Room Company ALL RIGHTS RESERVED. No material from the Web Site may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Web Site only for the purpose of placing an order with Blue Room. The use of any such material for any other reason, on any other web site, or the modification, distribution or republication of this material without prior written permission from Blue Room Company is strictly prohibited.
USE OF COMMUNICATION SERVICES
When using the e-mail services or the web site, you agree to only send and receive messages and material that are proper and that you shall not use such communication services:
- in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, abusive, indecent or unlawful material or information;
- to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or
- to advertise or offer to sell any goods or services, or engage in any other activities for any commercial purpose.
You acknowledge that the communications services are public and not private communications. Further, you acknowledge that communications by yourself and others are not endorsed by Blue Room, and such communications shall not be considered reviewed, screened, or approved by Blue Room. Blue Room has no obligation to monitor the communication services but reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion to terminate your access to any or all of the communication services at any time, without notice, for any reason whatsoever.
You acknowledge that any submissions, information, materials, suggestions or ideas provided to the Blue Room Web Site (collectively the "Submission") become the property of Blue Room Company, including all copyright, without reservation, and you waive in favour of Blue Room any and all moral rights in such Submission. You acknowledge and agree that all or any portion of the Submission may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology for the full term of any copyright that may exist in such Submission, without compensation of any kind to you. By submitting the Submission, you automatically warrant that you have the full right and authority to submit such Submission, and that none of such Submission is subject to any copyright or other proprietary right of a third party.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of Kenya, notwithstanding any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of courts in the Law Courts in Mombasa, Kenya, in all disputes arising out of or relating to these Terms and Conditions and the use of the Blue Room web site.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. All prices quoted in the Blue Room Web Site are in Kenyan Shillings, unless otherwise stated. The Blue Room Web Site may contain links to third-party web sites which are not under the control of Blue Room and Blue Room is not responsible for the contents contained in any linked site. Any links provided by the Blue Room Web Site are provided for your interest or convenience and do not represent or imply any endorsement by Blue Room of such linked site.