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User Agreement for BlueBerryDomain.net Services.

Policies may be changed from time to time and are effective immediately after we post the changes on our Service.

We reserve the right to modify these user agreement and terms of Service from time to time Without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

You also agree that you are subject to any policies or rules, which are posted in conjunction with those Services. All such posted policies or rules are hereby incorporated by reference into this Agreement.


THE FOLLOWING DESCRIBES THE TERMS ON WHICH BLUEBERRYDOMAIN OFFERS YOU PERMISSION TO USE ITS SYSTEM, AND OTHER RELATED SERVICES.

By clicking on the “I agree” button or by registering to use our service, you agree to be bound by the terms of this Agreement. This User Agreement ("Agreement") is a contract between you and BlueBerryDomain, and applies to your use of the BlueBerryDomain service and any related products and services available through www.BlueBerryDomain.net (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of BlueBerryDomain. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a BlueBerryDomain user. Please note: wherever applicable, hyperlinked or underlined phrases and words are links to other pages detailing User Agreements and terms of service.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "BlueBerryDomain," "we" or "our" will refer collectively to BlueBerryDomain, and its subsidiaries including VirtuallySales ad CoolCashNetwork.

The Legal Relationship between You and BlueBerryDomain.
Agency Relationship. You elect BlueBerryDomain to act as your agent to facilitate electronic commerce based on your directives to accept payment from third parties and to equally make payments to third parties.

You agree that you will not receive interest or other earnings on all funds in care of BlueBerryDomain.

A receipt of email notification of payment to you does not guarantee access to such fund until you register and accept our Terms of service and user agreement.

BlueBerryDomain is only an Intermediary/Broker/Services Provider. BlueBerryDomain acts as a service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize BlueBerryDomain, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, BlueBerryDomain cannot and does not guarantee any user's identity.

Release. In the event that you have a dispute with one or more users, you release BlueBerryDomain (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Limit of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH BLUEBERRYDOMAIN SERVICES, OR PRODUCTS OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

2.6 LIMITATION OF LIABILITY - IN NO EVENT SHALL BLUEBERRYDOMAIN OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. UNLESS OTHERWISE REQUIRED BY NIGERIAN LAW, IN NO EVENT SHALL THE BLUEBERRYDOMAIN LIABILITY, IF ANY, EXCEED THE ACTUAL AMOUNT IN QUESTION.

Indemnification. You agree to indemnify and hold BlueBerryDomain, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

Restricted Activities. Your Information and your activities through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) violate BlueBerryDomain's Acceptable Use Policy; (d) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (e) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) be obscene or contain child pornography; (h) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (i) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than that originally intended, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

License. Solely to enable BlueBerryDomain to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. BlueBerryDomain will use and protect Your Information in accordance with our Privacy Policy.

Trademarks. BlueBerryDomain.net, BlueBerryDomain, and all related logos, products and services described in this website are either trademarks or registered trademarks of BlueBerryDomain, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of BlueBerryDomain. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BlueBerryDomain and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BlueBerryDomain.

Notwithstanding the above, HTML logos provided by BlueBerryDomain through its Affiliate Program or Website features, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to BlueBerryDomain or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by BlueBerryDomain. BlueBerryDomain is a web service provider, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the BlueBerryDomain site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to BlueBerryDomain by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of BlueBerryDomain or the appropriate third party. If you use, or attempt to use the Service for purposes other than it is intended, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

Privacy and Security. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices.

Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of BlueBerryDomain. BlueBerryDomain reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
Legal Compliance. You shall comply with all applicable Nigerian and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

Notices.

Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from BlueBerryDomain in electronic form. Electronic Communications may be posted on the pages within the BlueBerryDomain website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than seven (7) business days after posting or dissemination, whether or not you have received or retrieved the Communication. BlueBerryDomain reserves the right but assumes no obligation to provide Communications in paper format.

Legal Disputes. In the event a dispute arises between you and BlueBerryDomain, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BlueBerryDomain agree that any controversy or claim at law or equity that arises out of this Agreement or BlueBerryDomain's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, BlueBerryDomain strongly encourages users first to contact BlueBerryDomain directly to seek a resolution. BlueBerryDomain will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than N500,000, you or BlueBerryDomain may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an Arbitration Association in accordance with their applicable rules, or any other established provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Lagos, Nigeria or where the defendant is located (in BlueBerryDomain's case, Ikeja, Lagos - Nigeria, and in your case, your home address or principal place of business). You and BlueBerryDomain agree to submit to the personal jurisdiction of the courts located within Lagos, Nigeria.

Alternative Dispute Resolution. BlueBerryDomain will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Lagos, Nigeria or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to the section above, the other party may recover attorneys' fees and costs up to N50,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

General. This Agreement is governed by and interpreted under the laws of Lagos state of Nigeria as such laws are applied to agreements entered into and to be performed entirely within Lagos by Lagos residents. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by BlueBerryDomain, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Legal Disputes shall survive any termination or expiration of this Agreement.

Disclosures. The BlueBerryDomain.net Web Services are offered by Blueberry Technologies a subsidiary of Component Resources Limited located at 15, Obafemi Awolowo Way, Ikeja, Lagos - NIGERIA

This Agreement was last modified on July, 2005

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