MackenzieBlue.com

WEBSITE TERMS OF USE
Welcome to MackenzieBlue.com (the “Site” or “Website”). This Site is fully controlled and operated by Mackenzie Blue, LLC (”Mackenzie”).
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER MACKENZIE SOFTWARE, SERVICES, WEBSITES OR ANY OF MACKENZIE’S LICENSEES SERVICES OR SOFTWARE, YOU (“you,” “your” or “user”) AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF USE AGREEMENT (“Agreement” or “Terms of Use”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

We strongly encourage all parents to review and discuss these Terms of Use with their children. Of course, we also urge kids to check with their parents before entering information on any Website, including this one, and we urge parents to discuss with their kids restrictions regarding the online release of personal information to anyone they don’t know.

Use of this Website, and information distributed in conjunction with this Website, including without limitation any e-newsletters or other promotional or informational e-collateral, is offered to you upon your acceptance of these Terms of Use, our Privacy Policy and any other notices posted on this web site. Your use of this Website or of any content presented in any and all areas of the web site indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this web site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or Website. We suggest you print a copy of each of these documents for your records.

MackenzieBlue.com shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this web site. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. 

You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Website following changes to these Terms of Use shall constitute your acceptance of all such changes.
This Website is best viewed using a contemporary browser.

Access to this Site
To access this Site, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all information you provide on this Site will be correct, current and complete. If Mackenzie believes the information you provide is not correct, current, or complete, Mackenzie has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Ownership Of Intellectual Property
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Mackenzie and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Mackenzie hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, ONE (1) copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast license, transfer, sell or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Mackenzie. Use of Mackenzie and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Chatroom/Message Boards/Interactive Features (“Interactive Areas”)
To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, suggestions, graphics and opinions (collectively the “Postings”), please be advised that Postings do not necessarily reflect the views of Mackenzie. In no event shall Mackenzie assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You hereby authorize Mackenzie to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Mackenzie will have the right to use and change the Postings in any manner that Mackenzie sees fit. Additionally, Mackenzie may sweep its chatrooms and/or message boards (and any other interactive areas of the Site) periodically in its sole discretion.

Mackenzie does not allow Postings which contain:

• private or personal information which might identify a user;
• profanity or obscenities;
• personal attacks on other individuals;
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments;
• solicitations, advertisements or sponsorship requests;
• information advocating or discussing illegal activity or intent to commit an illegal act;
• any programs designed to harvests or otherwise collects information about others, including email addresses;
• any programs designed to interrupt, destroy, or limit the functionality of this Site, any computer software or hardware;
• any unlawful information; and/or
• other information that Mackenzie deems in its sole discretion to be inappropriate for this Site.

Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Mackenzie periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Mackenzie will make every effort to ensure that the Interactive Areas best serve the interests of all users and, therefore, Mackenzie reserves the right to refuse to post, edit, or delete messages that violate these Terms of Use, as well as revoke the privileges of users who do not comply with this Agreement.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please send an email to privacy@mackenzieblue.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Restriction on Use
You may use this Site for the purposes expressly permitted by this Site only. As a condition of your use of this Site, you warrant to Mackenzie that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement, our Privacy Policy, and any other notices. You may not co-brand this Site, frame this Site, or hyperlink to this Site, without the express prior written consent of Mackenzie. For the purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Mackenzie in causing any unauthorized co-branding, framing, or hyperlinking to cease immediately. In addition, you may not use this Site in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

Personal and Non-Commercial Use Limitation
This Website, including any Interactive Areas of the Site that contain Postings, is for your personal and non-commercial use only. You may not use this Site for any other purpose, including any commercial purpose, without express written consent from Mackenzie.

Contests, Sweepstakes, Electronic Postcards And Other Activities
Mackenzie may provide specific sets of rules and/or terms of use for certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards by Mackenzie and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules and/or terms which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and other specific rules and/or terms, the rules and/or terms for the activity in which you choose to participate shall govern.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Mackenzie is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MACKENZIE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MACKENZIE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Mackenzie’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Third Party Hyperlinks
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Mackenzie, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Mackenzie does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Mackenzie is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Mackenzie nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Mackenzie will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

Ads and Malware
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site–and that is beyond our control. 

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware–short for MALicious softWARE–is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. 

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).

Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware.
Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing repeated issues or problems, please feel free to send us an email at privacy@mackenzieblue.com.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Mackenzie, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Mackenzie reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mackenzie in asserting any available defenses.

Miscellaneous
This Agreement will be governed and interpreted pursuant to the laws of New Jersey, USA. You specifically consent to personal jurisdiction in New Jersey in connection with any dispute between you and Mackenzie arising out of this Agreement or pertaining to the subject matter hereof. You further agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in New Jersey.

Mackenzie operates and controls this Site from the United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

If any provision of this Agreement is adjudged unlawful, void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

Copyright Policy
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please email us at: privacy@mackenzieblue.com with “Copyright” in the subject line.

These Terms of Use were last updated on April 21, 2009