A. Viral Features
1. It is recommended that a new section, titled “Viral Features”, be added to the BSB Terms of Service, stating the following:
2. The purpose of this section is to provide for future usability functions of the BSB web site. While the web site does not currently feature streaming video, interactive components, or other viral features, BSB may choose to include such functions in future renditions of the BSB web site, and should include the applicable rules within its Terms of Service.
B. RSS Feeds and Podcasts
1. It is recommended that a new section, titled “RSS Feeds and Podcasts”, be added to the BSB Terms of Service, stating the following:
a. The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Blue Star Benefits, Inc. or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section. By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, Blue Star Benefits, Inc., the Parent Companies and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment.
2. Again, the purpose of this section is to provide for future usability functions of the BSB web site. While the web site does not currently feature RSS Feeds or Podcasts, BSB may choose to include such functions in future renditions of the BSB web site, and should include the applicable rules within its Terms of Service.
C. Law That Applies To This Agreement; Miscellaneous Terms
1. This section exists in the current version of the Terms of Service; however, the following paragraph should be added:
a. This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of Kansas (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Kansas, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Kansas and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
2. The above paragraph is important in that it forces users of the web site to submit to the jurisdiction most favorable to Blue Star Benefits (Kansas).
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
Copyright © Blue Star Benefits Inc. 2011 – All Rights Reserved.