TERMS OF SERVICE
Last updated
(Last Revised: )
AGREEMENT TO OUR LEGAL
TERMS
We are Blu Tech Media
("Company,"
"we," "us," "our")
, a company registered in
Delaware, United States
at 8 The Green, Suite A
, Dover
, DE
19901
.
We operate the
website
Blu Tech Media
(the "Site")
, as well as any other related products and services that refer
or link to these legal terms (the "Legal Terms"
) (collectively, the
"Services").
We provide website visitors tracking platform for online consumers.
You can contact us by
phone at 1-800-xxx-4321, email at
[email protected]
, or by mail to
8 The Green, Suite A
, Dover
, DE
19901
,
United States
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ("you"
), and Blu Tech Media, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any
scheduled changes to the Services you are using. The modified Legal Terms will become effective upon
posting or notifying you by [email protected], as stated in the
email message. By continuing to use the Services after the effective date of any changes, you agree
to be bound by the modified terms.
The Services are
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age
of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior
to you using the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well
as the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services "AS IS"
for your personal, non-commercial use or internal business
purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access,
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: [email protected]. If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission that is publicly posted shall also be
treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a license
(including use of your name, trademarks, and logos): By posting any Contributions,
you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt
(in whole or in part), and exploit your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our
use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
- warrant that any such Submission
and/or Contributions are original to you or that
you have the necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to
your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely responsible
for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have
the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
By using the Services, you represent and warrant
that:
(1) you have the legal capacity and you agree to
comply with these Legal Terms;
(2) you are not under the age of
13;
(3) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (4) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (5) you will not use the Services for any illegal
or unauthorized
purpose; and (6) your use of the Services will not violate any
applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers, or distributors.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless
canceled. You
consent to our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle
will depend on the type of subscription plan you choose when you subscribed to the Services
.
Free Trial
We offer a 30-day free trial to new users who
register with the Services.
The account will not be charged and the subscription will be suspended until
upgraded to a paid version at the end of the free trial.
Cancellation
You can cancel your subscription at any time by contacting us using
the contact information provided below.
Your cancellation will take effect
at the end of the current paid term. If you have any questions or are unsatisfied with our Services,
please email us at
[email protected].
Fee Changes
We may, from time to time, make changes to
the subscription fee and will communicate any price changes to you in accordance with applicable
law.
6. SOFTWARE
We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"
), the terms of the EULA will govern your use of the
software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such software solely in connection with our
services and in accordance with these Legal Terms. Any software and any related documentation is
provided "AS IS"
without warranty of any kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any
and all risk arising out of use or performance of any software. You may not reproduce or
redistribute any software except in accordance with the EULA or these Legal Terms.
You may not access or
use the Services for any purpose other than that for which we make the Services available. The
Services may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or approved by us.
As a user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking
to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
-