This Site is owned by Bluebeam, Inc. (“Bluebeam”) and operated by Bluebeam and/or its service providers which may perform hosting, processing and/or other services on behalf of Bluebeam, Inc. Your access to the Site and use of the services and information provided on the Site is governed by the terms and conditions of this Terms of Service Agreement (the “Agreement”), which may be updated by Bluebeam from time to time.
Please read the terms and conditions of this Agreement carefully. By accessing the Site or using any of the services and information provided on the Site, you agree to be bound by the terms and conditions of this Agreement, and your continued access to the Site and/or use of such services or information constitute your acceptance of any additional or different terms and conditions added to this Agreement in the future. If you do not accept all of the terms and conditions of this Agreement, you will not be registered for the password restricted portion of the Site (“Member Services”); however, your continued access to the Site and use of any services or information constitutes your acceptance of those terms and conditions of the Agreement relating to access and use.
1. DESCRIPTION OF SERVICE
Bluebeam offers a variety of software products for computer-aided design and computer-aided manufacturing software applications, which include Bluebeam’s Pushbutton PDF™, Pushbutton Plus™, Bluebeam PDF Revu®, Bluebeam Q® and other software products. All of the Member Services and any of the services provided on the Site that do not require registration are collectively referred to as the “Services.” Access to Member Services is password restricted to persons who: (i) are at least 13 years old, (ii) register with Bluebeam and (iii) accept and abide by all of the terms and conditions of this Agreement (“Members”).
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Bluebeam products, information or services, shall be subject to this Agreement. Bluebeam is under no obligation to update the Site, the Services or any information or data contained on the Site or used in connection with the Services. Bluebeam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice or liability to you or any third party.
2. YOUR REGISTRATION OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information about yourself and your company (as applicable) as prompted by the applicable registration form (such information being the “Registration Data”) and all other requests for information required for a particular Service(s) available on the Site, and (b) maintain and promptly update such Registration Data and responses to requests for information to keep the data and information true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Bluebeam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bluebeam has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
Members will receive a password and account designation upon completing the registration process, in accordance with the terms and conditions of this Agreement. You agree to: (i) maintain the confidentiality of your password; (ii) take full responsibility for all activities that occur under your password or account; (iii) immediately notify Bluebeam of any unauthorized use of your password or account or any other breach of security; and (iv) ensure that you exit from your account at the end of each session. Bluebeam is not responsible for any loss or damage arising from your failure to comply with these requirements.
5. USER AND MEMBER CONDUCT
You, and not Bluebeam, are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, emails or other communications or materials (“Content”) that you post, store, transmit or receive by any method on the Site or through the use of the Services. You acknowledge that Bluebeam does not pre-screen Content posted on the Site or transmitted through the Services and is not obligated or responsible to verify the accuracy, reliability, timeliness or appropriateness of such Content. Without limiting the foregoing, you also agree that Bluebeam may in its sole discretion refuse to post, store or transmit any Content submitted by you, or move, remove, edit or modify any Content on the Site as Bluebeam deems appropriate.
You will not use the Site and/or the Services to:
- upload, post, email or otherwise store or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity including, without limitation, any Bluebeam employee, agent, or affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise store or transmit any Content that you do not have a right to collect, use, store or transmit under any law or under any contractual or fiduciary relationships (including, without limitation, inside, proprietary and confidential information learned or disclosed as part of employment or fiduciary relationships or under nondisclosure agreements);
- upload, post, email or otherwise store or transmit any Content that infringes any patent rights, trademark rights, trade secret rights, copyrights and all other intellectual and industrial property rights of any kind anywhere in the world of any third party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email or otherwise store or transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site, the Services or any servers or networks connected to the Site or used with the Services, or disobey any requirements, procedures, policies or regulations of any networks connected to the Site or used with the Services; or
- violate any applicable local, state, national or international law including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any other regulations having the force of law.
With respect to item (d) above, it is Bluebeam’s policy to terminate, under appropriate circumstances, the account of any Member who repeatedly infringes the copyrights of others.
You agree to indemnify, defend and hold Bluebeam (and its parents, subsidiaries, affiliates, officers, directors, shareholders, agents, partners, employees and service providers) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your violation of this Agreement or (ii) your violation of any law or the rights of a third party.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Bluebeam may from time to time establish and modify in its sole discretion general practices and limits concerning use of the Services including, without limitation, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by Bluebeam (or its service providers), the maximum number of email messages that may be sent from or received by Members, the maximum disk space allotted to a Member on Bluebeam’s (or its service providers’) servers, if any, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Bluebeam has no responsibility or liability for the deletion or failure to store any email messages, communications or other Content posted, stored or transmitted in connection with your use of the Services. You further agree that Bluebeam reserves the right to log off Member accounts that are inactive for an extended period of time.
You may terminate your Member account at any time for any reason. You agree that Bluebeam, in its sole discretion and without notice or liability to you or any third party, may terminate your Member account if Bluebeam believes that you have violated or acted inconsistently with any term of this Agreement. Upon such termination, Bluebeam will terminate your password and remove and may discard any Content uploaded, posted or otherwise stored by you on the Site.
9. DEALINGS WITH ADVERTISERS, PARTNERS AND AFFILIATES
Your correspondence or business dealings with, or participation in promotions of, advertisers, partners or affiliates found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner or affiliate. You agree that Bluebeam shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, partners or affiliates on the Site.
The Site contains links to other Internet sites or resources. Bluebeam does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such sites or resources.
11. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
Bluebeam, its partners, licensors and service providers retain all right, title and interest in and to the Site, the Services, all Content provided on the Site (excluding your Content), and the business process, procedures, methods and techniques used with the Site and the Services, and all patent rights, copyrights, trademark rights, trade secret rights and other proprietary rights therein (“Intellectual Property”). You may not modify, publish, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Intellectual Property, in whole or in part, except as expressly permitted in this Agreement or with the prior written consent of Bluebeam (or the appropriate owner). You may make a single copy of the Content displayed on the Site solely for your personal (or your company’s exclusive) use, provided that you do not remove any trademarks, copyright notices or any other notice contained in such Content and that you do not display or distribute in any way or otherwise make available such Content to any third party, without the prior written consent of Bluebeam.
Bluebeam may make available for download from the Site certain Bluebeam products (“Software”). Your use of such Software shall be subject to the terms and conditions of the applicable license agreement (including without limitation your payment obligations thereunder), and unless expressly authorized in the applicable license agreement, you hereby agree that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software for any reason or purpose including, without limitation, for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided or directed by Bluebeam for use in accessing the Services.
The following are trademarks, service marks and/or the trade names of Bluebeam: Bluebeam, Inc., Bluebeam Pushbutton PDF, Bluebeam Pushbutton Plus, Bluebeam PDF Revu. Other brands, company names, product names and logos on the Site are also trademarks or service marks of Bluebeam, its partners, affiliates, service providers or licensors. The use of any Bluebeam (or any Bluebeam partner, affiliate, service provider or licensor) trademark, service mark or trade name without Bluebeam’s (or the appropriate owner’s) express written consent is strictly prohibited.
You acknowledge that the data and information on the Site or provided in connection with the use of the Services are compiled from a variety of sources and that Bluebeam does not independently evaluate or verify the accuracy, reliability or timeliness of such information. You agree that you will independently evaluate and bear all risks associated with your use of such information. You further agree that Bluebeam is not responsible and will have no liability for any reliance by you on such information and that under no circumstances does any such information or other Content on the Site constitute the advice of or a recommendation by Bluebeam to take any particular course of action or inaction.
You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Bluebeam cannot and will not be liable for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUEBEAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BLUEBEAM MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED.
- BLUEBEAM IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN BLUEBEAM OR (II) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICES.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUEBEAM, ITS PARTNERS, AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR (I) ANY AMOUNT IN EXCESS IN THE AGGREGATE OF FIVE UNITED STATES DOLLARS (US$5.00), (II) ANY LOST DATA OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BLUEBEAM, ITS PARTNERS, AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. COPYRIGHT INFRINGEMENT
Bluebeam respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please use the following process to notify us.
All claims of copyright infringement should be in writing and should be directed to Bluebeam’s designated agent at the following address, fax number or email address:
55 S. Lake Ave. Ste. 900,
Pasadena, California 91101
Attention: Technical Support
Each claim of copyright infringement must include all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bluebeam to locate the material.
- Information reasonably sufficient to permit Bluebeam to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
16. GENERAL INFORMATION
This Agreement constitutes the entire agreement between you and Bluebeam, superseding any prior agreements between you and Bluebeam that concern the subject matter herein. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement is governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Bluebeam to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Please report any violations of this Agreement to Bluebeam’s Webmaster at firstname.lastname@example.org.