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Website Terms and Conditions

Last updated February 2022

Welcome to the bluedanubeproductions.com website (the “website”). Blue Danube Productions, LLC, a Washington limited liability company, may sometimes be referred to on this website as “Blue Danube Productions,” “Blue Danube”, “we” or “us.” Before using this website, please read the website Terms and Conditions (the “Terms”) set forth below. These Terms control your use of Blue Danube’s website.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE.

Privacy Policy

Blue Danube is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.

Ownership of the Website and its Contents

This website is owned by Blue Danube. Unless otherwise indicated, all of the content featured or displayed on the website, including, but not limited to, text, graphics, data, images, sound, illustrations, software, and the selection and arrangement thereof ("Blue Danube Content"), is owned by Blue Danube. All elements of the website, including the Blue Danube Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. You agree not to display, reproduce or otherwise use in any manner the Blue Danube Content without Blue Danube’s prior written permission.

Submissions

We are always looking for feedback from website users. All "submissions" in any form (suggestions, feedback, ideas for improvement, concepts, etc.) made to Blue Danube become the property of Blue Danube. Blue Danube, exclusively owns all known or unknown rights to the "submissions" and is entitled to unrestricted use of the "submissions" for any purpose without compensation to the website user, client, etc. None of the "submissions" shall be subject to any obligation, privacy, liability, and are not bound by any form of non-disclosure agreement. We appreciate any feedback or other suggestions about the Blue Danube website and our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.

Third Party Links

The Blue Danube website may provide links to other websites or resources. Blue Danube is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Blue Danube shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. Blue Danube provides these links and references to you only as a convenience.

No Representations or Warranties

The content, information, documents, graphics and images published at this website could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS WEBSITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

Limitation of Liability

IN NO EVENT WILL BLUE DANUBE, OUR EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BLUE DANUBE INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICE, WEBSITE AND OTHER CONTENT AND MATERIALS.

Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Blue Danube’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Blue Danube and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Blue Danube’s Copyright Agent for notice of claims of copyright infringement on its website can be reached at:

P.O. Box 3813

Seattle, WA 98124

Service

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this website may be interfered with by numerous factors outside of our control. You agree that these Terms and all incorporated agreements between Blue Danube and you may be automatically assigned by Blue Danube, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

Our failure to act with respect to a breach by you or others of these Terms does not waive our right to act with respect to subsequent or similar breaches.

Applicable Law and Venue

Any dispute relating in any way to your use of the website shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Blue Danube’s intellectual property rights, Blue Danube may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Changes to Terms and Conditions

Blue Danube may modify these Terms at any time and from time to time. Notification of such modifications will be posted on the Blue Danube website and such modified Terms will be effective immediately upon posting. Your continued use of the Blue Danube website after the posting of the modified Terms constitutes your agreement to abide and be bound by such terms, as modified. Should you object to any modification, your sole recourse is to terminate your use of the Blue Danube website. These Terms may not otherwise be modified, except in a writing signed by both parties.

These Terms and Conditions set forth the entire understanding and agreement between Blue Danube and any website user with respect to the website, its uses and services.