The definitions in this paragraph apply in these Terms:
“Account”: means an account on our Platform.
“Related Content” means information, content, materials, products and other services included on or otherwise made available to you through the Services.
“Services”: means our services offered via our Platform or otherwise by us and any other software provided by us in connection with any of the foregoing.
“User”: means an individual who accesses and uses an Account.
“us” or “we”: means BlueLogic.
“you”: means the entity registering for an Account.
- The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
- Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
- By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that: a. you have read the terms set out in these Terms and agree to be bound by and comply with them; and b. you shall ensure that all Users of your Account abide by these Terms.
- We provide services on per account basis, a user account should be used only by one person, and one person should use only one account.
- You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
- We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
- We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
- Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
Intellectual Property Rights
- You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
- Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
- You acknowledge that you have no right to have access to our Platform in source code form.
- Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the Platform, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
- You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- BlueLogic service is offered through the URL https://planet.ink/ (the “Website”).
- Subject to the terms and conditions in the Agreement, during the Agreement Term, BlueLogic hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
Fees, Payments and Refunds
- We provide both free and paid plans on per account basis.
- All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
- Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our Platform.
- If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
- upon the commencement of your first subscription period,
- on the renewal date of the subscription period thereafter, without any further action by you.
- Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Platform or any of the Services.
- Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
- You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
- All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
- We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
- Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our Platform, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
- We may at our sole and absolute discretion, offer a refund of Fees for a particular subscription period where no actions have been taken in respect of your Account during that subscription period and you have notified us in writing of your intention to terminate your subscription within three (3) days of the due date for payment for that subscription period.
- As long as you’re using paid services, you’ll provide BlueLogic’s third party payment processor with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third-party payment processor is unable to process your credit card order, we’ll try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your monthly or annual renewal date.
- Reselling of the Services to third parties is permitted only if you sign a specific agreement with BlueLogic.
- Unless we expressly agree otherwise in the Agreement, all Software (as defined below), the Services, and all intellectual property rights associated with the web application and Services, are the sole and exclusive property of BlueLogic. Subject to your full and complete payment of all amounts due to BlueLogic therefor, to the extent BlueLogic provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “BlueLogic Content”), BlueLogic grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the BlueLogic Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any BlueLogic Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section 7.1, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the web application and the BlueLogic Content.
- In connection with the rights and licenses granted by BlueLogic under the Agreement, BlueLogic may provide you with user manuals, reference manuals, (collectively, the “Documentation”). BlueLogic is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
- You agree you will not, directly or indirectly: a. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, Documentation, BlueLogic Content or data related to the Services (“Software”); b. remove any proprietary notices or labels from the Services or any Software; reproduce or copy the web application or the Services or any part thereof; c. modify, translate, or create derivative works based on the Services or any Software; d. copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the BlueLogic Content, or any Software; e. create any derivative product from any of the foregoing; f. without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; g. perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; h. upload, link to or post any portion of the web application and/or the BlueLogic Content on a bulletin board, intranet, extranet or website; i. use or distribute the web application and/or the BlueLogic Content in violation of any applicable laws, regulations or export restrictions; j. possess or use the web application in any format other than machine-readable format; k. use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; l. circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; m. use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or n. allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement.
- BlueLogic reserves all rights in the Services not explicitly granted herein. If Customer uses the Services in any country within the European Union, the prohibitions set forth herein will not affect Customer’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- You acknowledge and agree that the Services, the web application, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the web application or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by BlueLogic or by other parties that have licensed their material to BlueLogic. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of BlueLogic. Your use of the Services confers no title or ownership in the Services, the web application or the Marks and is not a sale of any rights in the Services, the web application or the Marks. All ownership rights remain in BlueLogic or its third-party suppliers, as the case may be.
- You acknowledge and agree that any comments, ideas and/or reports provided to BlueLogic (“Feedback”) shall be the property of BlueLogic and you hereby irrevocably transfer and assign to BlueLogic such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
Uploading Content to our Platform
- You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for: a. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or b. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
- We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the Platform.
- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights.
- You may use our Platform only for lawful purposes. You may not use our Platform: a. in any way that breaches any applicable local or international laws or regulations; b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; c. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and d. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree: a. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and b. not to access without authority, interfere with, damage or disrupt: c. any part of our Platform; d. any equipment or network on which our Platform is stored; e. any software used in the provision of our Platform; or f. any equipment or network or software owned or used by any third party.
Suspension and Termination
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake: a. save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Platform, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes; b. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means; c. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us; d. to include our copyright notice on all entire and partial copies you make of our Platform on any medium; e. to comply with all applicable technology control or export laws and regulations; and f. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
- In using the Services, you may provide information (such as name, contact information, or other registration information) to BlueLogic. BlueLogic may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
- From time to time down-time, either scheduled or unscheduled, may occur. BlueLogic will work within reason to ensure this amount of down-time is limited. BlueLogic will not be held liable for the consequences of any down-time.
- BlueLogic cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release BlueLogic entirely of all responsibility for any consequences of its use.
- To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
Limitation of Liability
- To the maximum extent permitted by law, BlueLogic accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts BlueLogic’s liability for death or personal injury resulting from any negligence or fraud on the part of BlueLogic.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
- You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for: a. loss of profits, sales, business, or revenue; b. business interruption; c. loss of anticipated savings; d. loss or corruption of data or information; e. loss of business opportunity, goodwill or reputation; or f. any other indirect or consequential loss or damage.
- Nothing in these Terms shall limit or exclude our liability for: a. death or personal injury resulting from our negligence; b. fraud; and/or c. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
- Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
- These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These terms and conditions and the relationship between you and BlueLogic shall be governed by and construed in accordance with the Law of Wyoming and BlueLogic and you agree to submit to the exclusive jurisdiction of the Courts of Wyoming.