Blue Saga Inc.
Terms of Service
Effective: August 5, 2013
Last updated: August 5, 2013
These Terms of Service (the “Terms” or the “Agreement”) govern your access to and use of the services, websites, and mobile applications, including testing of software, mobile applications and digital content (the “Services”) offered by Blue Saga Inc. (“we,” “us” or the “Company”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you do not agree, do not use any of the Services. Please read these Terms carefully before using the Services.
BY SUBMITTING YOUR SOFTWARE, MOBILE APPLICATION OR DIGITAL CONTENT TO THE COMPANY WEBSITE, VISITING THE COMPANY WEBSITE, DOWNLOADING OUR MOBILE APPLICATION, CREATING AN ACCOUNT ON THE COMPANY WEBSITE OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
A. Our Relationship With You
This is a legal agreement between any user of the Services, either as an individual or as a representative of an entity (“you” or the “user”) and the Company for use of any of the Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Company is intended or created by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Services through your account to these Terms, in which case the terms “you,” “your” or “user” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.
The Company’s relationship to you is that of an independent contractor, and neither you nor Company is an agent or a partner of the other. The Company will not have, and will not represent to any third party that it has, any authority to act on your behalf.
B. Permitted Uses of the Services
The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms. The Services are not available to minors (under 18 years of age), and minors are not authorized users. If you do not qualify as an authorized user 18 years or older, you are not permitted to use the Services and no contract will be formed between you and the Company.
As a condition of your use of the Services, you agree to (a) provide the Company with true, accurate, current and complete information as prompted by the Company’s registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If we assign you a user ID and/or password, such information may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
C. Our License to You
Subject to these Terms, the Company gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Services as they are provided to you by the Company.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Company, its users and the public.
D. Your License to the Company
The Services include your ability to upload your software, mobile application or digital content (the “Software”) to the Company website for the Company to test. By uploading your Software to the Company website or by otherwise providing information about your Software to the Company, you grant the Company a non-exclusive, royalty-free license to use your Software as necessary in order to test it properly, including to transmit it to its internal and third-party testers. Additional uses by the Company or others may be made with no compensation paid to you with respect to the Software that you submit, post, transmit or otherwise make available through the Services. The Company may modify or adapt your Software in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Software as is necessary to conform and adapt that Software to any requirements or limitations of any networks, devices, services or media.
The Software that you upload will be accessible by our testers who may include third parties, and your name may be published or disclosed in connection with the Software.
E. Your Responsibilities
By using the Services or uploading Software to the Company website, you warrant, represent and agree that you have the right to grant the Company the license described above. You understand that if you do not have the right to submit Software for testing or if you use any Software in any unauthorized manner, it may subject you to liability. The Company will not be responsible or liable for any unauthorized use of your Software.
You also represent, warrant and agree that you have not and will not upload any Software that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party; (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it; (c) infringes any intellectual property right of another or the privacy or publicity rights of another; (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity. The Company reserves the right in its discretion to refuse to test your Software, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You are responsible for your use of the Services, for any Software you submit, and for any consequences thereof. We will not monitor or control any Software compliance with terms of service, rules and guidelines of operating systems and platforms on which the Software is to be distributed. We will not monitor or control any Software compliance with any applicable laws, including intellectual property laws, contract laws and any other applicable laws, rules or regulations. By uploading Software, you represent and warrant that such Software is compliant with all applicable requirements, rules and regulations of the platform on which it is to be distributed. For example, if you upload an iPhone app, you represent and warrant that the app meets all iPhone app requirements set forth by Apple.
Any use of or reliance on any content provided through the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content transmitted on any piece of Software or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.
F. No Guarantees
You acknowledge and agree that your access and use of the Services and of the services, tools and products featured on the Company mobile application or website is at your own risk. THE COMPANY MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SERVICES, TOOLS AND PRODUCTS ON THE COMPANY MOBILE APPLICATION OR WEBSITE INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THIS AGREEMENT.
You understand that the Company does not control its third party advertisers and partners, and is not responsible for any non-Company service or product accessible via the Services. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any services or products provided by third parties.
You further acknowledge that the Company has no obligation to test any Software. However, the Company reserves the right to refuse to test any Software that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Services, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Software that you transmit or otherwise convey through the Services. Except as it relates to the specific testing service provided by the Company, under no circumstances will the Company be liable in any way for any piece of Software, including, but not limited to, any Software that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Software submitted, accessed, transmitted or otherwise conveyed via the Services.
While we take all steps necessary to prevent the unauthorized transmittal or distribution of your Software, you understand and acknowledge that there are inherent risks in electronic transmittal of data and the Company makes no guarantees that your Software will not be transmitted or distributed to unauthorized third parties.
G. Use of Software
You understand that the Company provides a software service that is in continuous development. You acknowledge and accept that there are certain risks inherent in software development, including errors that may cause loss of data or other unforeseen malfunctions any devices through which you are accessing the Services. If you do not wish to accept these risks, please do not use the Services.
Although we will make our best efforts to correct any errors in our Services, we are NOT OBLIGATED to correct any such errors, correct the effects of any such errors (including but not limited to fixing your device or recovering lost data) or provide any technical support related to your use of the Services.
All right, title, and interest in and to the Services (excluding Software provided by you), are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Company or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services
The Company respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Software or any portion of your Software has been copied in a way that constitutes copyright infringement, please contact firstname.lastname@example.org.
I. Cancellation, Termination or Modification
This Agreement is effective immediately upon your registration on the Company website or mobile application, download of the mobile application or any use of the Services and will remain effective until you cancel your account or until we terminate your account as set forth below. We reserve the right to refuse service to anyone for any reason at any time. We retain the right to suspend or terminate your account and/or refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Services to you if you breach any of these Terms, we are unable to verify or authenticate any information you provide to us to create your Company account, or if we believe that your actions are impermissible or may create legal liability for us.
Termination of the Services for these circumstances results in the deletion of your account as well as forfeiture of unused Services. The Company may change, suspend or discontinue the Services totally or partially for any reason, at any time, including the availability of any feature on the Company website or mobile application. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
J. Limitation of Liability
We will not be liable for special, incidental, direct, or consequential damages arising out of or in connection with this Agreement, including, but not limited to, interrupted communications, lost data, or lost profits, even if Company has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy in this Agreement.
You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Services.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. You will defend, indemnify, and hold Company, its employees, officers, agents, or other partners from and against any third-party claims arising from or in any way related to any Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. If anyone brings a claim against Company related to your actions, data or information on Company, you will indemnify and hold Company harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
L. Electronic Communications
When you visit the Company website, download the mobile application or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
M. General Provisions
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements or contemporaneous agreements between you and us.
All waivers must be in writing. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other right or provision on any other occasion.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the state of California. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in the courts of Santa Clara County or the Northern District of California. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to these Terms.
We reserve the right to change, modify, add or remove portions of this Agreement, at any time without prior notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.
Questions about these Terms should be sent to email@example.com.