End-User Agreement

Last Revised: 13th February 2018

 

This End-User Agreement (“these Terms”) govern your use of the Blue Ocean Academy™ and Blue Ocean Studio™ website, located at https://learning.bogn.com and our widgets (collectively, the “Site”) as well as online training, services and apps (the “Services”).

 

These Terms apply to the Site and Services. Blue Ocean Global Network Pte. Ltd. (Company No: 201500889W) is a company incorporated in Singapore and having its business address at 1 Fusionopolis Place, #03-20 Galaxis (West Lobby), Singapore 138522 (hereinafter referred to as “BOGN”).

 

1.Acceptance of Terms of Use

Please carefully read these Terms before using the Site and the Services. By accessing and using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms, which form an agreement that is effective and enforceable, as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE, AND THE CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to the access, use or browsing of the Site and Services after that date. Each time you access, use or browse the Site and Services, you signify your acceptance of the then-current Terms.

 

2. Permitted Users of Site

This Site is directed to persons 18 years of age or older. This Site and BOGN do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Site, but you may not submit any personal information to the Service. If you are under age 13, you are not permitted to use this Site or to submit any personally identifiable information to the Services.

 

3. Permitted Use of Site

The content available through the Site (the “Content”) is the sole and exclusive property of BOGN and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by BOGN in writing. Use of the Site, Services or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under Singaporean or international law.

So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by BOGN, you are permitted to view and use the Site and the Content solely for your own information and for purchase of the products or services offered here. You agree not to reproduce, copy, duplicate, publish, modify, distribute, sell, resell, exploit for any commercial purpose, perform or create derivative works from any part of the Site or the Content unless expressly authorized by BOGN. Further, you agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.

Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.

 

4. Privacy Policy

Please review the Privacy Policy(ies) at

  1. https://www.go1.com/policy.html for the use of the Learning Management System which is incorporated into these Terms;
  2. https://www.bogn.com/privacy/ for the use of the Blue Ocean Global Network website which is incorporated in these Terms, and any other Terms and Conditions for the use of other platform(s) which BOGN may choose to incorporate to this Site from time to time.

If you do not agree with the Privacy Policy(ies) and Terms and Conditions listed above, you are not permitted to use the Site or Services.

 

5. Proprietary Rights

You acknowledge and agree that, as between BOGN and you, all rights, titles, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by BOGN or its licensors and are protected by Singaporean intellectual property laws and other applicable laws.

Copyright: All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of © Kim and Mauborgne or its content suppliers and protected by Singapore and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order for Services; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to BOGN or its licensors. Without limiting the foregoing, Blue Ocean Strategy® has been duly registered as a trademark in the United States of America, and our other trademarks, which include but not limited to, Blue Ocean, Blue Ocean Academy™, Blue Ocean Studio™, Blue Ocean 101, Blue Ocean Coaching, Blue Ocean Consulting, Blue Ocean Explorer, Blue Ocean Deep Dive, Blue Ocean C-Suite, Blue Ocean Masterclass, Blue Ocean Leadership and Blue Ocean Global Network™. Unauthorized use of any trademark of BOGN or its licensors may be a violation of trademark laws. Any third-party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by BOGN or of BOGN by the third parties.

 

6. Your Indemnity of BOGN

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BOGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR RELATING IN ANYWAY TO (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF BOGN OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY, PUBLICITY, CONFIDENTIALITY, OR PROPRIETARY RIGHTS.

 

7. User Generated Content

Communications Services: The Site may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with BOGN, the Site and other users of the Site (collectively, “Communication Services”). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Site. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.

Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and BOGN reserves the absolute right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

User Materials: Any content or views posted, shared, transmitted or otherwise made available by users through the Site (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. BOGN does not endorse any User Materials nor vouch for their reliability. Under no circumstances will BOGN be liable in any way for any User Materials.

You acknowledge that BOGN may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre- screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, BOGN and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in BOGN’s sole discretion. BOGN shall have no liability for such removal.

You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any User Materials available on or through the Site.

Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms. BOGN is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning BOGN’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.

 

8. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

BOGN may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BOGN’s Copyright Agent a Notice containing the following information:

(a)   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)   a description of the copyrighted work or other intellectual property that you claim have been infringed;

(c)   a description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of an email is the best way to help BOGN locate content quickly);

(d)   your address, telephone number, and email address;

(e)   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f)  a statement by you, made under penalty of perjury, that the above information  in  your  Notice  is  accurate  and  that  you  are  the  copyright  or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

BOGN’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached at:

Email: sophie@bogn.com

 

9. Links

Links to Other Websites and Search Results: The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of BOGN and BOGN is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and BOGN disclaims all liability with regard to your access to, use of or transactions with such linked websites.  You acknowledge and agree that BOGN shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of BOGN or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with BOGN or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) BOGN reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

10. Modifications to the Site

BOGN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without prior notice. You agree that BOGN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

 

11. Suspension and Termination Rights

BOGN reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Services for any reason, including, but not limited to, any breach by you of these Terms. You agree that BOGN shall not be liable to you or any third party for any such suspension or termination.

 

12. Disclaimer

THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOGN AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Site is free of viruses or other harmful code.

 

13. Limitation on Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOGN AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. IN NO EVENT SHALL BOGN OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF BOGN ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE SHALL NOT EXCEED SINGAPORE DOLLARS ONE HUNDRED ONLY.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

 

14. Governing Law and Disputes

These Terms shall be governed by, and will be construed under, the laws of Singapore, without regard to conflicts of laws principles. You irrevocably agree to the exclusive jurisdiction by the courts of Singapore located in Singapore, to settle any dispute, which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms.

The Site is controlled within Singapore. Those who choose to access the Site from locations outside of Singapore do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Singapore does not represent that the Site or Content are appropriate outside Singapore.

 

15. Force Majeure

 BOGN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act,  failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

 

16. Miscellaneous

These Terms set forth the entire understanding and agreement between you and BOGN with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. BOGN’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of BOGN, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.

 

17. Questions?

Please direct any questions you may have about these Terms of Use to BOGN at customerservice@bogn.com

 

Blue Ocean Global Network Pte. Ltd.