Terms and Conditions of using PURE BLUE website
Last Updated 07th October 2017
H2O Pure Blue LLC (herein “Pure Blue”) maintains the www.h2opureblue.com Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the Pure Blue privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. Pure Blue reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Pure Blue may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
PRIVACY
Pure Blue’s Privacy Policy applies to your use of this Site, and its terms are made a part of these Terms by this reference. Our Privacy Policy is located at: https://h2opureblue.com/privacy-policy.
ELECTRONIC COMMUNICATIONS
By using the Site, you are communicating with us electronically and are thereby granting us consent to communicate with you electronically. We may communicate with you via email or by posting notices on the Site. Your use of the Site constitutes your consent that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
The graphics, logos, page headers, button icons, scripts, product names, product model numbers, and service names included in or made available through the Site are trademarks or trade dress of Pure Blue in the United Arab Emirates and other countries. These trademarks and trade dress may not be used in connection with any product or service that Pure Blue doesn’t offer, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Pure Blue. All trademarks not owned by Pure Blue that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pure Blue.
LIMITED LICENSE
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Pure Blue may change, suspend, or discontinue any aspect of the Site at any time. Pure Blue may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sub-license, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
YOUR ACCOUNT
The Site includes online cart and checkout which allows you to purchase products online. Users under the age of 18, may only use the Site with the permission of parent or guardian.
Pure Blue does not specifically solicit or market to children. In accordance with the Children’s Online Privacy Protection Act of 1998, a child under the age of 13 shall not register as a user, nor shall the child enter personal information on the Site. In the event Pure Blue receives confirmation that it has collected and published personal information from an individual under the age of 13 without parental consent, information will be removed from the Site as soon as is reasonably practical.
PERMITTED USE
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Pure Blue to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Pure Blue to do so. The content and software on this Site is the property of Pure Blue.
REPRESENTATIONS BY YOU
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Pure Blue through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
NO COMMERCIAL USE
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Pure Blue’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Pure Blue will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Pure Blue has no control over these sites or the content within them. Pure Blue does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Pure Blue does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Pure Blue for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at info@h2opureblue.com.
COPYRIGHT POLICY
Pure Blue may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
INTELLECTUAL PROPERTY
Although Pure Blue is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Pure Blue’s system. The On-line Materials such as text, graphics, logos, button icons, images, videos, audio clips, documents, and data is intellectual property of Pure Blue or its content suppliers and is protected by United States and international intellectual laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of Pure Blue, except as expressly and specifically permitted under these Terms of Use.
The On-line Materials are and will remain the exclusive property of Pure Blue. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in Pure Blue. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sub-license, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Pure Blue.
You acknowledge and agree that Pure Blue will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Pure Blue’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Pure Blue or perfect these rights, titles or interests in Pure Blue’s name.
DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES.
PURE BLUE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. PURE BLUE ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. PURE BLUE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF PURE BLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF PURE BLUE WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
VIOLATION OF TERMS OF USE
You understand and agree that in Pure Blue’s sole discretion, and without prior notice, Pure Blue may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Pure Blue believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Pure Blue, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Pure Blue for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Pure Blue may release user information about you if required by law or subpoena.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES
Pure Blue will NOT deal with or provide any services to individuals or companies located in OFAC sanctioned countries.
APPLICABLE LAW
The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
INDEMNITY
You agree to indemnify and hold Pure Blue, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.
LICENCE GRANTED TO YOU
By providing materials to Pure Blue, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Pure Blue an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Pure Blue may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Pure Blue for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Pure Blue. Any communication or materials you send to Pure Blue will be treated as non-confidential and non-proprietary and may be disseminated or used by Pure Blue for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
ADVERTISING
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Pure Blue is not responsible for the acts or omissions of any advertiser or sponsor.
SITE OPERATION
Pure Blue controls this Site from the U.A.E. Pure Blue makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
REVIEWS, COMMENTS AND OTHER COMMUNICATIONS
Users of the Site may post comments, reviews, photos, and other content; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious or objectionable to any party, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or links. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the posted content. Pure Blue reserves the right (but it’s not obligatory) to remove or edit such content. By posting content or submit material, and unless we indicate otherwise, you grant Pure Blue a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pure Blue and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pure Blue for any claims resulting from content you supply. Pure Blue has the right but not the obligation to monitor and edit or remove any activity or content. Pure Blue doesn’t take any responsibility and assumes no liability for any content posted by you or any third party.
PURCHASES
Pure Blue accepts payment by Visa or Master card debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of Pure Blue. All refunds will be made onto the original mode of payment.
SEVERABILITY
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
