Notice & Agreement for bluecapstudio.com, bluecapstudio.org, bluecapstudio.net, bluecapcreative.com, thebluecapexperience.org, thebluecapexperience.net, bluecapexperience.com, bluecapexperience.net, bluecapexperience.org, bluecapstudios.com, bluecapdesign.com, and bluecap.studio (the “WEBSITES”).
The WEBSITES are owned and operated by CLW Creative Inc d/b/a Bluecap Studio (the “OWNER”), solely to provide educational and promotional information. No creative advice or marketing advice and no creative, marketing or other services are being offered or provided by your use of the WEBSITES or any information they may contain. Neither your use of the WEBSITES nor any information they may contain is a substitute for professional creative or marketing representation or creative or marketing advice. The WEBSITES may provide links to other organizations as a service to the users of the WEBSITES. OWNER is not responsible for the information provided in any third-party website.
By proceeding to use the WEBSITES, you hereby acknowledge that you have had the opportunity to read and understand all of the information contained in this Notice and Agreement on this page and continuing on the Agreement page and which information is incorporated herein by this reference, and which includes rights, duties and your obligations with respect to, without limitation, all Marks and Property Rights, reserved rights of OWNER, and the other terms and conditions of your use of the WEBSITES. Do not proceed unless you are agreeing to be bound to all these terms and conditions.
OWNER is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of OWNER's name, likeness, signature, voice or photographs.
OWNER is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of THE BLUECAP EXPERIENCE® name and THE BLUECAP EXPERIENCE® mark.
OWNER is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of CREATIVE WORKS including, without limitation: artwork, designs, packaging, signage, or photographs created by or a copyright or a trademark of OWNER unless otherwise specified by OWNER.
OWNER is the sole and exclusive owner of all commercial merchandising and allied rights relating to the use of the BLUECAP STUDIO™ name, BLUECAP STUDIO™ mark and CAPPY mark.
The name BLUECAP STUDIO™, and all related rights, has great economic value associated with the substantial goodwill, high respect, dignity and popular image BLUECAP STUDIO™ holds with the public, both nationally and internationally. Authorized uses of the BLUECAP STUDIO™ name and related rights are granted by OWNER solely pursuant to license agreements with licensees which only OWNER has the right to select and grant.
THE BLUECAP EXPERIENCE® name and THE BLUECAP EXPERIENCE® mark, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the THE BLUECAP EXPERIENCE® name and THE BLUECAP EXPERIENCE® mark and related rights are granted by OWNER solely pursuant to license agreements with licensees which only OWNER has the right to select and grant.
CREATIVE WORKS including, without limitation: artwork, designs, packaging, signage, or photographs created by or a copyright or a trademark of OWNER, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the CREATIVE WORKS including, without limitation: artwork, designs, packaging, signage, or photographs created by or a copyright or a trademark of OWNER and related rights are granted by OWNER solely pursuant to license agreements with licensees which only OWNER has the right to select and grant.
BLUECAP STUDIO™ mark and CAPPY mark, and all related rights, have great economic value associated with them, both nationally and internationally. Authorized uses of the BLUECAP STUDIO™ mark and CAPPY mark and related rights are granted by OWNER solely pursuant to license agreements with licensees which only OWNER has the right to select and grant.
Names, logos, trademarks, or other protected property rights appearing on the WEBSITES including, without limitation: (i) BLUECAP STUDIO™ name, (ii) BLUECAP STUDIO™ mark, (iii) CAPPY mark, (iv) THE BLUECAP EXPERIENCE® name, (v) THE BLUECAP EXPERIENCE® mark are all Property rights owned exclusively by OWNER and protected from any unauthorized use by any other party under California and federal registration laws and are used hereby express licensed authorization granted to the WEBSITES by OWNER.
All rights of OWNER are hereby reserved and no use by others of any such rights is authorized or is to be implied from use of these rights in the WEBSITES.
OWNER makes no representation or warranty regarding any information provided by OWNER or any other party in the WEBSITES.
Any user of the WEBSITES expressly agrees that any information contained in the WEBSITES is solely for educational and entertainment purposes, that use of any such information should be made only after consultation and advice to make such use by a competent creative or marketing representative, and is at user's sole risk. Neither OWNER, or his affiliates, nor any of their respective employees, agents, third-party content providers or licensors, warrants that the WEBSITES use will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of any information contained in the WEBSITES.
No one and no organization has certified any person identified here as a specialist or as an expert. Anyone considering a specialist or expert should independently investigate the person's credentials and ability.
Transmission of the information on the WEBSITES is not intended to create, and receipt does not constitute, a business, client or personal relationship. Internet subscribers and online readers should not rely upon the transmission of an e-mail message to OWNER through the WEBSITES to create a business, client or personal relationship. Internet subscribers and online readers should not act upon any information in the WEBSITES without first consulting counsel of their own directly.
The information in the WEBSITES is not provided in the course of a business, client or personal relationship and is not intended to constitute creative or marketing advice or to substitute for obtaining creative or marketing advice from a creative or marketing specialist.
All materials on the WEBSITES are protected by copyright held by OWNER unless otherwise stated. © CLW Creative Inc d/b/a Bluecap Studio. All Rights Reserved.
Please read these terms and conditions of use carefully before using the WEBSITES. By using the WEBSITES, you signify your acknowledgement of the intellectual property rights and other information set forth herein above, your assent to these terms of use of the WEBSITES and of the limitations placed on any use you may make of the information discussed or described in the WEBSITES as described herein. If you do not agree to these terms of use, please do not use the WEBSITES. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the WEBSITES following the posting of changes to these terms will mean you accept those changes.
No material from the WEBSITES or any website(s) owned, operated, licensed, or controlled by OWNER may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and for no other uses whatsoever. Modification of the materials or use of the materials for any other purpose is a violation of OWNER's copyright and other proprietary rights including, without limitation, OWNER's property rights described herein above. For purposes of these terms, the use of any such material on any other website(s) or networked computer environment(s) is prohibited.
Unless otherwise specified, the materials in the WEBSITES are presented solely for the purpose of education and entertainment. The WEBSITES are controlled and operated through third parties from servers located within the United States of America. OWNER makes no representation that materials in the WEBSITES are appropriate or available for use in other locations. Those who choose to access the WEBSITES from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE WEBSITES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION DISCUSSED OR DESCRIBED IN THE WEBSITES, EVEN IF THE WEBSITES OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE WEBSITES 'TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHERIN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
