Terms & Conditions

OVERVIEW
The Blue Surf Productions, LLC digital presence is hosted by LearnWorlds and Shopify Inc. LearnWorlds hosts the offerings created by Blue Surf Productions. They provide us with the online educational platform that makes Our products and services available.   The store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.   This agreement applies as between you, the User of this Websites and Blue Surf Productions, LLC. If you do not agree to be bound by these Terms and Conditions, you should stop using the Websites immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

SECTION 1 – DEFINTIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that Blue Surf Productions, LLC makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the Blue Surf Productions, LLC proprietary e-learning platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business located at P. O. Box 463, Redmond, OR 97756;

"System": means any online communications infrastructure that Blue Surf Productions, LLC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by Blue Surf Productions, LLC Ltd and acting in the course of their employment;

"Website": means the website that you are currently using (bluesurflearning.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means Blue Surf Productions, LLC, a company incorporated in the United States

SECTION 2 – AGE-RESTRICTIONS

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

SECTION 3 – BUSINESS CUSTOMERS

These Terms and Conditions also apply to customers procuring Services in the course of business.

SECTION 4 – INTELLECTUAL PROPERTY

• 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Blue Surf Productions, LLC, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
• 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

SECTION 5 – THIRD-PARTY INTELLECTUAL PROPERTY

• 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
• 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

SECTION 6 – FAIR USE of INTELLECTUAL PROPERTY

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

SECTION 7 – LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Blue Surf Productions, LLC or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

SECTION 8 – LINKS TO THIS WEBSITE

Those wishing to place a link to this Website on other sites may do so only to the home page of the site bluesurflearning.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@bluesurfproductions.com.

SECTION 9 – USE OF COMMUNICATIONS FACILITIES

• 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

·       9.1.1 You must not use obscene or vulgar language;

·       9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

·       9.1.3 You must not submit Content that is intended to promote or incite violence;

·       9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

·       9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

·       9.1.6 You must not impersonate other people, particularly employees and representatives of Blue Surf Productions, LLC or Our affiliates; and

·       9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

• 9.2 You acknowledge that Blue Surf Productions, LLC reserves the right to monitor any and all communications made to Us or using Our System.
• 9.3 You acknowledge that Blue Surf Productions, LLC may retain copies of any and all communications made to Us or using Our System.
• 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

SECTION 10 – ACCOUNTS

• 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details which may vary based upon your use of the Website. By continuing to use this Websiteyou represent and warrant that:

·       10.1.1 all information you submit is accurate and truthful;

·       10.1.2 you have permission to submit Payment Information where permission may be required; and

·       10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

• 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
• 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
• 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

SECTION 11 – TERMINATION AND CANCELLATION OF ACCOUNTS

• 11.1 Either Blue Surf Productions, LLC or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
• 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

SECTION 12 – PRIVACY

Use of the Website is also governed by Our Privacy Policy (bluesurflearning.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

SECTION 13 – HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

• 13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
• 13.2 We may use your personal information to:

·       13.2.1 Provide Our Services to you;

·       13.2.2 Process your payment for the Services; and

·       13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

• 13.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

SECTION 14 – DISCLAIMERS

• 14.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
• 14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
• 14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
• 14.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

SECTION 15 – CHANGES TO THE FACILITES AND THESE TERMS AND CONDITIONS

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

SECTION 16 – AVAILABILITY OF THE WEBSITE

• 16.1 The Website is provided “as is” and on an “as available” basis. Blue Surf Productions, LLC uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
• 16.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

SECTION 17 – LIMITATION OF LIABILTY

• 17.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
• 17.2 Nothing in these Terms and Conditions excludes or restricts .
• 17.3 Nothing in these Terms and Conditions excludes or restricts Blue Surf Productions, LLC's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
• 17.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

SECTION 18 – NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

SECTION 19 – PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

SECTION 20 – THIRD PARTY RIGHTS

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Blue Surf Productions, LLC.

SECTION 21 – COMMUNICATIONS

• 21.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@bluesurfproductions.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
• 21.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

SECTION 22 – LAW AND JURISDICTION

These Terms and Conditions and the relationship between you and Blue Surf Productions, LLC shall be governed by and construed in accordance with the Law of England and Wales and Blue Surf Productions, LLC and you agree to submit to the exclusive jurisdiction of the United States.

The Shopify website is operated by Blue Surf Productions, LLC. Throughout this website, the terms “we,” “us” and “our” refer to Blue Surf Productions, LLC. Blue Surf Productions, LLC, offers this website, including all information, content, goods, features, tools, products and services, , to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms & Conditions,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of our website, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of our website, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access our website or use any Service. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to, our website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 23 - ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of access to our Services.

SECTION 24 - GENERAL CONDITIONS

We reserve the right to refuse our Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 26 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 27 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are non-refundable an non-exchangable. Purchase Policy

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 28 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card number, security code and expiration date, so that we can complete your transactions and contact you as needed.

SECTION 29 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms & Conditions.

SECTION 30 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.

SECTION 31 - MEDIA CONSENT RELEASE

In the instance that you participate in a Blue Surf Productions live in-person or virtual livestream event, you hereby waive any and all claims related to privacy or rights of publicity rights that may arise from the Blue Surf Production, LLC and it’s sponsors and contractors use of any recordings, photographs, or other material captured or created during the live event or related to the live event. Furthermore, you assign to Blue Surf Productions, LLC all rights, title, and interest in any content, including but not limited to questions, comments, and presentations, that you may create or generate in any medium during the live event, granting the Blue Surf Productions, LLC the exclusive right to reproduce, distribute, display, perform, and create derivative works from this material. If you attend an in-person event, you agree to sign the Media Consent and Release Form necessary to effectuate this assignment. And if you purchase a virtual livestream ticket to such event, you are indicating that you understand and agree to the Media Consent and Release Form.

SECTION 32 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that such comments shall become the property of Blue Surf Productions, LLC, and we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 33 - PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy, which can be viewed here: Privacy Policy.

SECTION 34 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 35 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 36 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Blue Surf Productions, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 37 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Blue Surf Productions, LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 38 - SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 39 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

SECTION 40 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed as against the drafting party.

SECTION 41 - GOVERNING LAW

These Terms & Conditions, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the state of Oregon United States.

SECTION 42 - CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

SECTION 43 - CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at info@bluesurfproductions.com.

Our contact information is posted below:

Blue Surf Productions, LLC

info@bluesurfproductions.com

PO Box 463, Redmond, OR 97756