Legal Information & Notices
Last modified October 7, 2014
These Terms are a legally binding contract between you and Bluetrain.io, a service of Bluetrain Mobile, Inc. (“Bluetrain”), located at 14 Arrow St, Cambridge, MA 02138. Bluetrain provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.
BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS SITE, AND EXIT NOW.
Bluetrain reserves the right to update and change any or all of these Terms. If we update or change these Terms, we will post the updated Terms at http://bluetrain.io/terms-of-use/. The updated Terms will become effective and binding on the fifth business day after they are posted, with the exception of changes to the fees or charges associated with the use of the Services which are governed by section 5b below. When we change these Terms, we will modify the "Last Modified" date above. We encourage you to review these Terms periodically.
- Customer is responsible for maintaining the security of its account and password. Bluetrain will not be liable for any loss or damage from Customer's failure to comply with this security obligation.
- Customer is responsible for all content posted and activity that occurs under Customer's account (even when content is posted by others who have accounts under your account).
- Customer agrees not to use the Service for any illegal or unauthorized purpose. Customer agrees not to, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- Subscription fees are defined on the Pricing page of Bluetrain’s website, bluetrain.io, Customer agrees to this fee structure, unless fees are separately agreed to via contract with Bluetrain.
- A valid credit card or Paypal account is required for subscription levels other than free.
- Subscription fees, when applicable, commence on the first day of the month following contract signing.
- The Service is billed in advance on a monthly basis. All Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Bluetrain's net income.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading Customer's Service may cause the loss of content, features, or capacity of your Account. Bluetrain does not accept any liability for such loss.
Cancellation and Termination
- Customer may cancel this agreement anytime with 30 days written notice without penalty it being understood that Bluetrain will be paid through the end of the month during which the cancelation takes effect.
- Customer is solely responsible for properly canceling your account.
- All of Customer's content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled.
- If Customer cancels the Service before the end of the current paid up month, cancellation will take effect immediately and Customer will not be charged again.
- Bluetrain, in its sole discretion, has the right to suspend or terminate Customer's account and refuse any and all current or future use of the Service, or any other Bluetrain service, for non-payment. Bluetrain will provide 30-day notice prior to termination. Such termination of the Service will result in the deactivation or deletion of Customer's Account or access to Customer's Account, and the forfeiture and relinquishment of all content in Customer's Account.
Modifications to the Service and Prices
- Bluetrain reserves the right at any time to modify the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Bluetrain.io Web Site or the Service itself and Bluetrain will also provide such notice in advance via e-mail.
- Bluetrain shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Customer agrees not to post any content to the Service which (i) infringes the intellectual property rights of any other person or entity, (ii) is offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable.
- Bluetrain claims no intellectual property rights over the material Customer provides to the Service. Customer's profile and materials uploaded remain Customer's. However, by setting its pages to be shared publicly, Customer agrees to allow us to copy, publish and distribute its content and to allow others to view and share your content.
- Bluetrain does not pre-screen content, but Bluetrain and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- The Service (including without limitation all underlying software) is Copyright © 2012 Bluetrain Mobile, Inc. All rights reserved. Customer may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements related to our software without express written permission from Bluetrain.
- Bluetrain claims no ownership of the content you place on your website and on our Service or content submitted via your website. By adding content to display on your website, you also grant us a world-wide, royalty-free, and non-exclusive license to publish, modify, adapt and reproduce the Content solely for the purpose of promoting, distributing, and publishing your website, and storing it on our web servers. You grant us this license only for as long as you continue to be our customer and shall be terminated upon receiving written notice from you.
- Customer shall not, without Bluetrain's written consent, use Bluetrain's confidential information to (i) develop another website with the intent to host it separately or (ii) develop another business to compete with Bluetrain, nor shall Customer reverse engineer, disassemble, or decompile any prototypes, software, or tangible objects that embody Bluetrain's confidential information.
- Bluetrain shall sustain irreparable harm by a breach of this Section 7 for which money damages would not be an adequate remedy. Customer agrees that, in the event of a threatened or continuing breach of this Section 7, Bluetrain shall be entitled, without prejudice to all other available remedies, to immediate injunctive or other equitable relief.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted, you must be 13 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Customer's use of the Service is at Customer's sole risk. The service is provided on an "as is" and "as available" basis, without warranty of any kind, including without limitation implied warranties of merchantability and fitness for any particular purpose. Bluetrain does not warrant that (i) the service will meet Customer's specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained through the service will meet expectations, and (v) any errors in the Service will be corrected.
- Bluetrain may reference Customer's websites in a "demo" or "gallery" or "sample site" area of our website and marketing materials.
- Technical support is only provided to paying account holders and is only available via email for “Pro” Customers. Phone support is available for Customers using the “Business” and “Custom” levels of Service during regular business hours (9am to 5pm EST, weekends and holidays excluded).
- Customer agrees that Bluetrain may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Customer agrees not to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Bluetrain, or any other Bluetrain service.
- Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Bluetrain.
- Customer agrees not to use the Service to produce a Website with the intent to copy any portion of the code in order to host the Website independently.
- Bluetrain may, but has no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Bluetrain customer, employee, member, or officer will result in immediate account termination.
- Customer agrees that the technical processing and transmission of the Service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Customer agrees not to upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- Customer agrees not to transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Bluetrain) of other Bluetrain customers, Bluetrain reserves the right to charge you additional fees.
- Bluetrain shall 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 Bluetrain has been advised of the possibility of such damages). Bluetrain's aggregate liability for all cases and controversies arising out of the subject matter of this Agreement, whether brought in contract, tort or otherwise, shall not exceed the amount actually paid by Customer to Bluetrain during the initial twelve month period following the Effective Date.
- The failure of Bluetrain to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Bluetrain and govern your use of the Service, superseding any prior agreements between you and Bluetrain (including, but not limited to, any prior versions of the Terms of Service).
- Bluetrain reserves the right to update and change the Terms of Service from time to time by posting such revisions at bluetrain.io/terms-of-service and without any other notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Use of the Service after any such changes have been posted constitutes Customer's consent to such changes.
- Violation of any of the terms of this Agreement will result in the termination of Customer's Account.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Questions regarding this statement should be directed to the Bluetrain site coordinator by emailing email@example.com or writing to us at the following address:
Bluetrain 14 Arrow Street Cambridge, MA 02138 United States of America