In the event there is a discrepancy between this English language version and any translated copies of the Terms of Service, the English version shall prevail.
By accessing and/or using our Luna Nueva Hotflash Assistant app (our “Services”), which are owned or operated by Blue Trail Software Holding, Inc., (“the Company”), you are accepting and agreeing to be bound by the terms and conditions below (the “Terms”).
The Terms of Service and the relationship between you and the Company shall be governed by the laws of the United states of America without regard to any conflict of law provisions of any jurisdiction. You and the Company agree to submit to the exclusive jurisdiction of the courts of the United States, except that the Company may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.
You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service.
Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and we reserve the right to modify, suspend, or discontinue these Services (or any portions of them) at any time, your continued use of Our Services after any such changes have been made constitutes your acceptance of the new Terms of Service.You can review the most current version of the Terms of Service at any time here: www.mylunanueva.com/privacyPolicy.html
Our Services. As long as you comply with these Terms, you may use our Services for your personal, non-commercial purposes.
Mobile App. When you download our software app from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
• These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are responsible for our software app.
• The App Store has no obligation to furnish any maintenance and support services with respect to our software app or handle any warranty claims.
• The App Store is not responsible for addressing any claims you have relating to our software app, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software app fails to conform to any applicable legal or regulatory requirement.
• The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our software app through their App Store).
• You must also comply with the App Store’s terms of service when using our software app.
Acceptable Use and Conduct. You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.
Prohibited Conduct. You agree that you will not engage in (or encourage) any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” means doing things like:
• interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services;
• restricting or inhibiting any other user from using and enjoying the Services; promoting, encouraging, advocating, or providing instructional information about illegal activities;
• harassing, bullying or threatening other users;
• impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals;
• soliciting passwords, account information or other personal information from other users;
• except as approved by us in writing, conducting commercial activities and/or promotions or advertisements;
• subleasing your account or offering access to your account to others;
• using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or
• violating these Terms or creating liability for us.
Prohibited Content. You agree that you will not send any Prohibited Content. “Prohibited Content” means content that:
• is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• bullies, defames, harasses or advocates stalking of, or intimidates another person;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;”
• is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• is threatening, including threats directed at minors, threats against another individual or their family or friends;
• is shared for sadistic effect or to celebrate or glorify violence;
• is obscene, pornographic, or explicitly sexual;
• infringes another person’s content without a license to do so;
• promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected or not, such as, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such content;
• contains viruses, Trojan horses, worms, time bombs, or similar software; or
• violates these Terms or creates liability for us.
Content You Provide. You are responsible for the content (like the text and images) that you transmit through our Services (your “Content”), including its legality, reliability, and appropriateness. You may not transmit Content that you don’t have the right to publish. Your Content remains your Content. By sharing your Content through our Services, you give us the right and license to use, reproduce, publish, display, distribute, and transmit your Content to provide you with our Services and to make your Content available to other users who you authorize to access and/or view your Content, subject to these Terms.
Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe is or promotes Prohibited Conduct or threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your device ID or IP address, usage history, your Content, and your conduct.
Ownership. You acknowledge that all intellectual property rights in our Services, including the underlying software and technology and the information and content available on our Services are owned by us and our suppliers (including other users), are protected by copyright laws throughout the world. We and our suppliers (including other users) reserve all rights not granted in these Terms. We may use any suggestions, ideas, feedback, or recommendations you give to us about our Services for any purpose and without any obligation to you.
Termination. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. When your account is terminated, you will no longer be able to access or use the Services through your account.
Disclaimer. Your access and use of our Services is at your own risk. You agree that any Content you submit or receive through our Services is done at your own discretion and risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the Services and any interactions with other users. We are not responsible for the use you give to the information provided within the application or the use others make of the information you provide to them using Luna Nueva mobile application. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of our Services.
Indemnification. You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (a) your use of the Services (other than in accordance with these Terms), (b) any Content you provide, or (c) your violation or breach of any provision in these Terms.
Limitation of Liability.
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AND IN NO EVENT WILL IT EXCEED $10. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Where you have purchased a Paid Service (Premium membership), details of which can be found at the free distribution of our application and/or in the description of our App in the corresponding app store or app distribution platform, the following terms shall also apply to your use and access of the Paid Service. The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by the Company and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by the Company and the third party the terms of such agreement shall prevail.
By placing an order, you agree to pay the stipulated fees for the relevant Paid Service(s) by credit card or any other form of payment accepted by the corresponding App Store, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s). The most recent fees for each Paid Service are set out in the description of our App in the corresponding app store or app distribution platform and you acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Application and/or in the description of our App in the corresponding app store or app distribution platform.
Payment for subscription-based Paid Services is made in advance. Details of the subscription are available within the free distribution of our application and/or in the description of our App in the corresponding app store or app distribution platform.
Where a subscription-based Paid Service renews automatically, you will be charged automatically at the end of your current subscription period and your subscription will, unless you cancel it, be renewed for the same period of time. Subscriptions do not expire during the subscription period due to non-use of the subscribed Paid Service.
Please be advised before you pay that, any amounts paid in advance will not be refunded.
Account will be charged for renewal within 24-hours prior to the end of the current period unless you turn off the auto-renewal at least 24-hours before the end of the current period.
The Company may suspend or terminate your access to and/or use of any one or more Paid Services immediately and without liability if we believe, in our sole judgment, your Content and/or behavior violates these Terms.
If you have any questions about these Terms, please contact us at email@example.com
Revision Date; June 27, 2017
Last Revision; October 10, 2018
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