By using the BLUESKYAPP.COM website (the "Service") which is provided by Mathew Taylor (the "Service Provider") you are agreeing to the following terms and conditions ("TOS").
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder including any activities performed by anyone who has access to your account. The Service Provider reserves the right to refuse service to anyone at any time without notice for any reason.
The Service may not be used for any illegal, fraudulent or unauthorised purpose and you agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
Accounts must be registered by humans and not by automated processes.
Monthly Terms: A valid credit card is required for you to continue using the Service after the 30-day free trial period on a month-to-month basis. The free trial offer entitles new, registered users to a one-time free trial usage of the Services. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties. All fees are charged in US Dollars.
The Service Provider reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. The Service Provider reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Bluesky Site (blueskyapp.com) or the Service itself.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Settings menu and then Account Settings. There you will see a "Delete Account" button which will allow you to completely remove your account from our servers. Once you have cancelled your account all your data will be completely removed from our servers and this action cannot be undone. An email or phone request to cancel your account is not considered cancellation.
There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. The Service Provider may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Paid subscriptions through PayPal must be cancelled through PayPal.
The Service Provider reserves the right to update and change the TOS from time to time without prior notice. Any new updates or features that enhance the current Service shall be subject to the TOS. Continued use of the Service after any such updates shall constitute your consent to such changes. Bluesky cannot be and is not responsible for the Content posted on the Service. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. You understand that your content may be transferred unencrypted over the Internet.
You understand that the Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, videos, networking, storage, and related technology required to run the Service and that the availability of these services is not fully in control of the Service Provider.
You expressly understand and agree that the Service Provider 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.
You acknowledge that the Service Provider owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Service Provider claims no intellectual property rights over the material you provide to the Service.
You agree to hold harmless and indemnify the Service Provider, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Supercharges will provide you with written notice of such claim, suit or action.
The failure of the Service Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and the Service Provider and govern your use of the Service, superseding any prior agreements between you and the Service Provider (including, but not limited to, any prior versions of the TOS).
Last Updated October 2013