Date Last Modified: April 19, 2011

Enjoy your stay with BlueMelon

www.BlueMelon.com (our „Site") is a social utility that connects you with people around you and helps you to store your pictures. But it is even more about making other people feel happy or fascinated through your visions of the "reality".

By „we", „our" or „us" we mean BlueMelon.com.

PLEASE READ THESE TERMS OF USE (the “Terms") CAREFULLY.

These Terms of Use (see below part B., 5.1) set forth the legally binding terms for your use of our Site, software and services (referred to collectively as our “Services”). By using our Site you agree to be bound by these Terms, whether you are a "Visitor" (which means that you browse our Site) or you are a "Member" (which means that you have registered with us). The term "User" refers to a Visitor or a Member.

Your use of our Site is subject to and expressly conditioned upon your agreement to these Terms. If you are using our Site or our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that the entity agrees to be responsible for and indemnify you and us for violations of these Terms of Use. If you do not agree with the Terms, you should leave our Site and discontinue use of our Services immediately; otherwise you should save the Terms to your hard drive.

We may modify the Terms through time and such modification shall be effective upon posting by us on our Site. We will inform Members by email about more extensive modifications. If you do not agree with such modifications, you have the right to terminate your membership with us.

A. Universal Terms

1. Privacy

1.1 We protect the privacy of our users as our own. Please read our Privacy Policy (the „Policy") for information explaining how we treat your personal information when you use our Services.
1.2 Your use of our Site signifies your acknowledgment of, and agreement to, the Policy.
1.3 If you are a resident of any country outside the United States, including, without limitation, any country within the European Union, you understand and agree that we store and process your personal information on computers located in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.

2. Terms of Service

2.1 Your agreement with us will, in addition to these Universal Terms, also include the terms of any Legal Notices applicable to our Services. All of these are below referred to as the "Additional Terms".
2.2 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to our Services.

3. Use of the Services

3.1 Account details

3.1.1 By using our Services, you represent and warrant that:
(a) you are 13 years of age or older;
(b) your use of the our Site does not violate any applicable law or regulation.
3.1.2 As a Member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your password and to your computer while logged into our Site.
You agree:
(a) not to use the account or password of another Member at any time or to disclose your password to any third party;
(b) to notify us immediately if you suspect any unauthorized use of your account or access to your password, or any other breach of security;
(c) to accept all risks of unauthorized access to your nickname, gender, email address (“Personal Information”) and any other information you type into the “My Account” section;
(d) to accept responsibility for all activities that occur under your account or from your computer;
(e) to create and use only one Member account on our Site for your use.
3.1.3 We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any Content (see below) you designate as Private. We cannot, however, guarantee absolute security of your account, your Content or the personal information we collect, and we cannot promise that our security measures will prevent any form of attack on our Site.
3.1.4 We reserve the right to reject, restrict, suspend, or terminate your access to all or any part of our Services at any time, with or without prior notice, if your Content (see below in 4.) in our sole judgment violates the Terms.

3.2 Your use

3.2.1 You agree not to:
(a) use our Services in any manner which infringes any law or regulation; or which infringes the rights of any third party; or permits any other person to do so;
(b) access (or attempt to access) any of our Services by any means other than the interface that is provided by us. You specifically agree not to access (or attempt to access) any of our Services through any automated means including web crawlers or the like;
(c) interfere with, disrupt, or create an undue burden on our Services;
(d) use any information obtained from the BlueMelon Services in order to harass, abuse, or harm another person.
(e) use our Services to host non-photographic web graphics for other websites.
3.2.2 We shall use our reasonable endeavors to make our Services available to you at all times but we shall not, in any event, be liable for interruptions to or unavailability of our Services.
3.2.3 We reserve the right, in our sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of our Services at any time, with or without prior notice.
3.2.4 We reserve the right to, at any time, change any aspect of the user referral program, including payment schedules and amounts.
3.2.5 Users who are found to spread their personal user referral coupons by spamming - or other means deemed by BlueMelon to be otherwise inappropriate - lose their right for the earned commissions as well as the right for their use of their coupon as such.

3.3 Support guarantee

3.3.1 We will attend to any customer service request, submitted via our Site using our support-ticket system , within two (2) working days.

4. Content

4.1 We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload to our Services.
4.2 You represent and warrant that your uploading any Content to our Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to our Services.
4.3 Without limiting the foregoing, you will not upload any Content to our Services such that:
(a) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or harasses or advocates harassment of another person;
(b) exploits people in a sexual or violent manner, contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(c) solicits personal information from anyone under 18 or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(d) displays people under 15 years of age poised or photographed in a sexually implicit manner;
(e) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous, promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
(g) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(h) involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
4.4 By using the possibilities of our Services to make Content available to other Users ("Shared Content"):
(a) you grant to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute your Shared Content on and through our Services. The license you grant to us is non-exclusive, perpetual, fully-paid and royalty-free, sub-licensable, and worldwide;
(b) you represent and warrant that you own the Shared Content or otherwise have the right to grant the license.
4.5 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify or remove any Content from our Services that in our sole judgment violates the Terms. We assume no responsibility for monitoring the Services for inappropriate Content or conduct, but we ask you to inform us about any Content that violates the Terms.
4.6 It is your own responsibility in what manner you behave in interaction towards other Users.
4.7 Our Services contain Content of BlueMelon ("BlueMelon Content"). BlueMelon Content is protected by copyright, trade secret and other laws, and we own and retain all rights in the BlueMelon Content and our Services. We hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display the BlueMelon Content (excluding any software code) solely for your personal use in connection with viewing our Site and using our Services.

5. Copyright

5.1 You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to us by the copyright owner or the copyright owner's legal agent.

6. Indemnity

6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of the Terms and any claim brought against us by a third party resulting from the provision of the Services by us to you and your use of the Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on our Site or through our Services causes us to be liable to another.

7. LIMITATION OF LIABILITY

7.1 IN NO EVENT SHALL WE OR OUR AFFILIATES OR SUBSIDIARIES, NOR THEIR DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR:
(A) ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) YOUR INABILITY TO USE OR VIEW OUR SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH OUR SITE;
(ii) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iii) RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, ACTS OF GOD OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES;
(iv) YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US;
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
7.2 OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM IN TORT, CONTRACT, NEGLIGENCE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THE BLUEMELON.COM SERVICES SHALL BE LIMITED TO THE CHARGES, IF ANY, PAID BY YOU TO US FOR ACCESS TO OR USE OF OUR SITE OR THE SERVICES.
7.3 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. EXCLUSION OF WARRANTIES

8.1 OUR SITE, THE MATERIALS AND THE SERVICES (INCLUDING WITHOUT LIMITATION THE HOSTING SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUEMELON.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO OUR SITE, THE SERVICES (INCLUDING THE HOSTING SERVICES) AND THE INFORMATION, CONTENT AND MATERIALS ON OR AVAILABLE THROUGH OUR SITE.
8.2 WE DO NOT REPRESENT OR WARRANT:
(A) YOUR USE OF OUR SERVICES WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE;
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
8.3 YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF ANY CONTENT YOU POST ON OUR SITE.

B. Additional Terms Applicable To Sales Of Products ("Terms Of Sale")

By "product" we mean a print or any other product, other than our services, that can be ordered via our Site.

1. Shipping Terms and Policies

1.1 We endeavor to ship all orders for prints within 1-2 business days. However, orders for other products, or orders that contain a mixture of finishes and products, may take longer to ship - depending on the ordered products. The order completion status can be viewed during the order processing at our Site. The estimated delivery time applicable to various methods of shipping is available on the Site at the time you place your order. We are not responsible for any delays in shipping. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are the responsibility of the customer and are listed on the Site. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice, provided that - if the actual shipping charge is more than the amount shown in your shopping cart - either we will contact you with the correct shipping costs before processing your order and you will have an opportunity to cancel your order. Title to the physical medium of the products passes from us to you upon shipment. If for some reason an item in your order is temporarily out of stock, we may hold your order until it is complete.

2. Return Policy

2.1 If you are unsatisfied with any products purchased from us, we will gladly accept the return of any product you have ordered from us for any verifiable reason within thirty (30) days of receipt and either reprint the product, in case of quality issues, or refund the purchase price. Upon completion of the return procedure and our receipt of the returned product, we will either resend you the product or issue you a full refund of the purchase price paid for the product - whichever you prefer. We will not refund your original shipping cost unless your order is defective in some manner. Create a support-ticket via our Site regarding the replacement or refund of any product. Please do not contact your credit card company to dispute a charge before contacting us.

3. Selling and payouts

3.1 A user's commission is calculated at the time when full payment is received for the order. The user is then granted 88% of the difference between selling price and the base price. The commission is available for payout 14 days after the products have been delivered to the customer. The commission is sent upon request via PayPal.

C. Additional Terms (the "Terms of Service")

1. Fees

1.1 All charges payable by you for our Services shall be in accordance with the scale of charges published from time to time by us on our Site and shall be due and payable in advance of provision of our Services.
1.2 We reserve the right to alter pricing and the right to cease to offer elements of our Services free of charge at any time. We will inform Members by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
1.3 Payment is due according to the information provided together with the scale of charges.
1.4 All Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Membership for any reason by either party (including but not limited to any violation of the Terms), you will not receive a refund for any Membership Fees or other amounts previously charged to you, or for any unused portion of any Membership. Upon termination, any Content you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such Content on a regular basis and before terminating your account.

2. Terms and Termination

2.1 The Terms shall remain in full force and effect while you use our Services or are a Member. Even after Membership is terminated, the Terms shall remain in effect.
2.2 You may terminate your Membership at any time and for any reason by expiration or via the “Close Account” form in the “My Account” section.
2.3 Expiration time for free account is 1 year. After this time of inactivity, you shall be notified by an e-mail sent to your e-mail address and your photos may be stored on our Site for a week after your notification.
2.4 We may suspend the provision of our Services to you and/or terminate your Membership without prior notice to you if you:
(a) fail to pay any sums to us as they fall due;
(b) breach any term of the Terms. If you violate the Terms, we in our sole judgment may, but are not obliged to:
(i) require you to remedy any violation thereof;
(ii) take any other actions that we deem appropriate to enforce our rights or rights of other Users
2.5 We reserve the right, in our sole discretion, to suspend the provision of our Services to you and/or terminate your Membership at any time, without warning.

3. User Information

3.1 In the case that you at any time obtain access to any BlueMelon user information, including without limitation the nicknames and email addresses (collectively the "User Information"), you agree that, without limiting the foregoing, you may not:
(a) share User Information with any third parties or use it for any marketing purposes;
(b) use User Information in any manner that would be in violation of our Privacy Policy
3.2 You agree that this provision shall apply both during and after the term of your Membership.

4. Headings

4.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

5. Entire agreement

5.1 These Terms of Service together with the Universal Terms and any documents expressly referred to in them (including, but not limited to, our Policy), form the Terms of Use (the “Terms”).
5.2 The Terms of Use cover and supersede any previous Terms, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to the Terms, you confirm that you have not relied on any representation other than those expressly stated in the Terms and agreed by us.

Our Site is owned and operated by : M.L.K. Corporation, Suite #2, Sound and Vision House, Victoria, Mahe, Seychelles

Since February 2013, the online payments are processed by Tsiang Limited, 72 High Street, Haslemere, Surrey GU27 2LA

You can contact us using the ticket support system or by sending an e-mail to :

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