Terms of Use
Date of Last Revision: January 2nd, 2009
Welcome to Blue Morpho Community, a social utility that connects you with the people around you. The Blue
Morpho Community service and network (collectively, "Blue Morpho Community" or "the Service") are operated
by Blue Morpho, SA and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using
our web site at www.bluemorphotours.com (the "Site") or by posting a Share Button on your site, you (the
"User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or
"Agreement"), whether or not you are a registered member of Blue Morpho Community. We reserve the right, at
our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further
notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of
this page the date these terms were last revised. Your continued use of the Service or the Site after any such
changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any
future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to
review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for individuals who have
participated in and completed a Blue Morpho workshop and who have been accepted by Blue Morpho
Administration. Any registration by, use of or access to the Site by anyone who has not participated in and
completed a Blue Morpho workshop is unauthorized, unlicensed and in violation of these Terms of Use. By using
the Service or the Site, you represent and warrant that you are an individual who has participated in and
completed a Blue Morpho workshop and that you agree to and to abide by all of the terms and conditions of this
Agreement. We reserve the right to deny membership to any individual for any reason.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information
about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the
security of your password and identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and complete; and (d) be fully
responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video,
information, applications, software, music, sound and other files, and their selection and arrangement (the "Site
Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site
Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed,
posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior
written permission, except that the foregoing does not apply to your own User Content (as defined below) that
you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to
access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content
to which you have properly gained access solely for your personal, non-commercial use, provided that you keep
all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or
republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other
database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to
these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or
extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without
the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be
construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
Trademarks
All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered
trademarks, trademarks or trade dress of Company in Peru. and/or other countries. Company's trademarks and
trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of the Company.
User Conduct
You understand that except for advertising programs offered by us on the Site, the Service and the Site are
available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any
kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the
Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity
or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Blue Morpho Community Code of Conduct
that provides further information regarding the authorized conduct of users on Blue Morpho Community.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes,
text, information, music, video, advertisements, listings, and other content that you upload, publish or display
(hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively
the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not
create or that you do not have permission to post. You understand and agree that the Company may, but is not
obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its
sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company
violates this Agreement or the Blue Morpho Community Code of Conduct, or which might be offensive, illegal, or
that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your
sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or
provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content
to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant,
to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the
right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in
connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User
Content from the Site at any time. If you choose to remove your User Content, the license granted above will
automatically expire, however you acknowledge that the Company may retain archived copies of your User
Content. Blue Morpho does not assert any ownership over your User Content; rather, as between us and you,
subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any
intellectual property rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise
transmitting on the Blue Morpho Community website or service any materials that violate another party's
intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described
in our Blue Morpho Community Copyright Policy, we promptly remove or disable access to the allegedly infringing
material and terminate the accounts of repeat infringers as described herein in accordance with the Digital
Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own
or control, you may send a written notification of such infringement to our Designated Agent. Please see our
Blue Morpho Community Copyright Policy for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted
a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are
deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate
the memberships of any users who infringe any intellectual property rights of others, whether or not there is any
repeat infringement.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or
services from Company. By ordering products or services from Company through the Site, you agree to be bound
by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in
Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
User Disputes
You are solely responsible for your interactions with other Blue Morpho Community users. We reserve the right,
but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Click here to view the Blue Morpho Community's Privacy Policy. By using
the Site or the Service, you are consenting to have your personal data transferred to and processed in Peru.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications,
Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of
the Site, by Blue Morpho Community, by third parties or by any of the equipment or programming associated
with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not
control and are not responsible for what users post, transmit or share on the Site and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or
in connection with any User Content or Third Party Applications, Software or Content. The Company is not
responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User
communications. The Company is not responsible for any technical malfunction or other problems of any
telephone network or service, computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or traffic congestion on the Internet or at
any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or downloading materials in connection
with the Web and/or in connection with the Service, including any Mobile Client software. Under no
circumstances will the Company be responsible for any loss or damage, including any loss or damage to any
User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the Site or the Service or
transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND
THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS.
COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE,
THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-
FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND
DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF
AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF
ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in
the Site and any Services and Platform Applications offered through the Site at any time without notice.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE,
ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED
THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR
THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU
EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL
BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE
ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have
posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service
or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice,
including if it believes that have not previously attended a Blue Morpho workshop. When we are notified that a
user has died, we will generally, but are not obligated to, keep the user's account active under a special
memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of Peru, without regard to principles of
conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and
the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set
forth below), you agree not to commence or prosecute any action in connection therewith other than in the
courts of Peru and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to, venue and jurisdiction in the courts of Peru.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND
EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR
ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE
OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION in Peru, except that: (a) to
the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or
violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any
of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration
is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE
SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM
INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION
PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any
way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted
more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers,
agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand,
damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User
Content, any Third Party Applications, Software or Content you post or share on or through the Site (including
through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or
the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the
rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information
about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall
become the sole property of Company. Company shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are
deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the
initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site
and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site
or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these
Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining
provisions.
Questions
Please visit our Help page or these links for more information.
• Blue Morpho Community Copyright Policy
• Blue Morpho Community Terms of Sale
Blue Morpho Community's Privacy Policy
Blue Morpho Community's Privacy Policy is designed to help you understand how we collect and use the personal
information you decide to share, and help you make informed decisions when using Blue Morpho Community,
located at www.bluemorphotours.com and its directly associated domains (collectively, "Blue Morpho
Community" or "Website")
By using or accessing Blue Morpho Community, you are accepting the practices described in this Privacy Policy.
Changing or Removing Information
Access and control over most personal information on Blue Morpho Community is readily available through the
profile editing tools. Blue Morpho Community users may modify or delete any of their profile information at any
time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate
their Blue Morpho Community account may do so on the Member Home page. Removed information may persist in
backup copies for a reasonable period of time but will not be generally available to members of Blue Morpho
Community.
Where you make use of the communication features of the service to share information with other individuals on
Blue Morpho Community, however, (e.g., sending a personal message to another Blue Morpho Community user)
you generally cannot remove such communications.
Security
Blue Morpho Community takes appropriate precautions to protect our users' information. Your account
information is located on a secured server behind a firewall. Because email and instant messaging are not
recognized as secure communications, we request that you not send private information to us by email or instant
messaging services. If you have any questions about the security of Blue Morpho Community Web Site, please
contact us at
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Terms of Use, Notices and Revisions
Your use of Blue Morpho Community, and any disputes arising from it, is subject to this Privacy Policy as well as
our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and
choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material
changes and clarifications will take effect immediately, and material changes will take effect within 30 days of
their posting on this site. If we make changes, we will post them and will indicate at the top of this page the
policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or
through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you
understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all
information that we have about you and your account.
Contacting the Web Site
If you have any questions about this privacy policy, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .