1. Your relationship with Blue Blink One, SL.
1.1 Your use of Blue Blink One's online software, services and websites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you (the User) and Blue Blink One SL, whose principal place of business is at:
Av. del Mar, 55, Castellon - 12003, Spain
This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 These Terms of Service form a legally binding agreement between you and Blue Blink One in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “Terms”.
In this Agreement the following expressions shall, unless the context otherwise requires, have the following meanings:
2.1 “Business Day”, any day which is not a Saturday, Sunday or a public/bank holiday in the time zone and territory where Blue Blink One is located as set out in this Agreement.
2.2 “Commencement Date”, the date so specified on the Order Form or the date when the Blue Blink One Software is first accessed by the Customer, whichever is earlier;
2.3 “Customer”, the company or other legal entity requiring the Services as identified on the Order Form and, where the context permits, shall include Customer Authorized Users; and “Customer Authorized Users”, means Customer’s own customers as may be agreed in a Schedule to this Agreement or separately in writing by Customer and Blue Blink One;
2.4 “Customer Data”, any data that Customer or its agent loads or enters into the Blue Blink One System (including data loaded or entered by Blue Blink One at the Customer’s request) or otherwise processed as part of the Services and all results from processing such data, including compilations and derivative works of such, and including Shared Maps and Public Maps;
2.5 “Documentation”, the documentation relating to the Software and provided to the Customer through the Blue Blink One System;
2.6 “Free Account”, a subscription to use such free of charge version of the Services (incorporating limited functionality and data/usage limits) as Blue Blink One may make available from time to time as further described in the Documentation;
2.7 “Intellectual Property Rights”, all intellectual property rights including patents, utility models, inventions, trademarks, trade names, design rights, copyright and related rights, domain names, moral rights and database rights, (whether or not any of these is registered and including any application for registration of any such rights), know-how, confidential information and trade secrets for the full term of such rights and including any extension to or renewal of the terms of such rights and all rights or forms of protection of a similar nature or having similar effect to any of these which may exist anywhere in the world;
2.8 “Limited Support Service”, the limited support service for Free Accounts;
2.9 “Order Form”, the order form for Customer’s initial subscription to the Services and any future order forms that may be executed manually by the Parties or submitted electronically through Blue Blink One's online ordering system and accepted by Blue Blink One;
2.10 “Paid Account”, a paid subscription to use the Services as Blue Blink One may make available from time to time as further described in the Documentation;
2.11 “Services”, means the online, web-based applications and platform provided by Blue Blink One via www.measuremaponline.com and/or other designated websites that are part of the Blue Blink One System as described in the Documentation, that are ordered by the Customer as part of a free trial, under a Free Account or a Paid Account under an Order Form, including associated offline components;
2.12 “Shared Maps”, means maps created by the Customer using the Software and shared “publicly” or “within team” by the Customer through “sharing” functionality within the Blue Blink One System;
2.13 “Software”, the software and Documentation specified in the Order Form and accessed at www.measuremapapp.com, or such other URL as Blue Blink One may specify;
2.14 “Subscription Fee”, the monthly or annual fee payable in advance by the Customer to Blue Blink One for a Paid Account as set out on an applicable Order Form as may be adjusted from time to time in accordance with this Agreement; and “Subscription Period”, the period during which Customer may use particular features of the Services;
2.15 “Support Service”, the support service for Paid Accounts.
2.16 “System Suppliers”, all persons other than Blue Blink One who own Intellectual Property Rights in the Software or who have license rights in the Software or any part or parts of it and which license rights are superior to the rights of Blue Blink One;
2.17 “Third Party Terms”, the terms, conditions and legal notices applicable to third party content and services provided as part of the Services including the Google Maps Terms of Service located at https://developers.google.com/maps/terms, the Legal Notices for Google Maps/Google Maps APIs located at https:/maps.google.com/help/legalnotices_maps.html, the Google Maps APIs Terms of Service located at https:/code.google.com/apis/maps/terms.html, the Google Maps API Premier Acceptable Use Policy located at https://enterprise.google.com/maps/terms/universal_aup.html .Iin each case as such may be updated by the relevant third party from time to time or made available by the relevant third party at a different URL.
2.19 “User”, Customer Authorized User who is authorized to use the Service under a Schedule to this Agreement or authorized separately in writing by Blue Blink One; and “User ID”, a unique login identification and/or password issued to a User under this Agreement.
In this Agreement (except where the context otherwise requires): (a) any reference to “persons” includes individuals, firms, partnerships, companies, corporations, associations, organisations, foundations and trusts (in each case whether or not having separate legal personality); (b) any reference to a “Party” shall mean Blue Blink One or the Customer as the case may be and any such reference to “Parties” shall (as the case may be and the context so requires) mean both of them; (c) any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; (d) the Schedules form part of the Agreement and shall have effect as if set out in full in the body of this Agreement. Any references to this Agreement include the Schedules; and (e) any reference to time shall be local time at the location of Blue Blink One as set out in this Agreement.
3. Accepting the Terms
3.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
3.2 You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by Blue Blink One in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that Blue Blink One will treat your use of the Services as acceptance of the Terms from that point onwards.
3.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Blue Blink One (unless you are part of Education account, or you are a person barred from receiving the Services under the laws of Spain or other countries including the country in which you are resident or from which you use the Services).
3.4 By subscribing to Measure Map Pro plans Blue Blink One Education accounts, in case Blue Blink One offers this kind of account, educational entities agree to (1) abide and be bound by these Terms, and (2) provide access to Blue Blink One only to those individuals employed by said entity as a teacher or administrator, or who are enrolled as students in the respective educational entity.
4. Provision of the Services by Blue Blink One
4.1 Blue Blink One is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Blue Blink One provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that Blue Blink One may temporarily stop providing the Services and can modify or remove features within the Services to you or to users generally at Blue Blink One's sole discretion, without prior notice to you.
4.3 You acknowledge and agree that if Blue Blink One disables access to your account based on any of the reasons enumerated in point 17, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.4 You acknowledge and agree that while Blue Blink One may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Blue Blink One at any time, at Blue Blink One's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details, etc.), as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Blue Blink One will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Spain or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Blue Blink One, unless you have been specifically allowed to do so in a separate agreement with Blue Blink One. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Blue Blink One, you agree that you will not reproduce, duplicate, copy, attempt to create a substitute or similar service through use of or access to, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Blue Blink One has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Blue Blink One may suffer) of any such breach.
5.7 We do not assume any responsibility for special processing or handling of data that might be considered “sensitive” or otherwise “regulated” by particular laws. You specifically consent to our processing of data that you upload to the Service with no special handling, and you agree that you will not, and will use commercially reasonable efforts to make sure a third party does not, use the Services to store or transfer any data that is controlled for export under any export or reexport control law or regulation, or is otherwise subject by law to special processing restrictions (for example, privacy, financial services, and health information laws and regulations).
5.8 You agree that you are responsible for your own conduct and Content while using the Services and for any consequences thereof. For Education accounts, educational institutions and school districts are responsible for all user Content, Communications, and activity that occur under users’ accounts. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms.
6. Third party Services
The Customer acknowledges that the Services may include the content and services of third parties including without limitation Google Maps, Bing Maps, MapBox, TomTom, Here Maps, Open Street Maps, Yandex, Open Street Maps, Open Cycle Maps, ArcGis, USGS, World Street MAp, Google Storage Services … and that the Customer’s use of all such third party content and services is subject to the Third Party Terms. By entering into this Agreement and using the Services, the Customer confirms that it understands and accepts all relevant Third Party Terms. If the Customer at any time experiences any difficulty in obtaining a copy of or in linking to or understanding any of the relevant Third Party Terms, the Customer shall contact Blue Blink One for assistance, the contact details for which are set out in Schedule 1 (Service Level Agreement). The Customer acknowledges that third party content and services may be withdrawn from the Services without notice in the event that Blue Blink One's arrangements with relevant third parties are terminated.
The Third Party Components incorporated into the Services pass-through terms and conditions ("Third Party Terms") and will be incorporated by reference into this Terms. In the event of any conflict between the terms in this document and the Third Party Terms, the Third Party Terms shall govern.
7. Types of accounts
7.1 Free Trial. (The use of Blue Blink One's Free Trial)
7.1.1 Blue Blink One will make Services available to Customer on a trial basis free of charge until the earlier of (a) the fifteenth day (unless extended by Blue Blink One) after Customer’s acceptance of this Agreement or (b) the Commencement Date of any Services purchased by Customer. Additional trial terms and conditions may appear on the free trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
7.1.2. ANY DATA CUSTOMER ENTERS IN THE COURSE OF USING THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL MAY BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR DOWNLOADS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD.
7.1.3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DURING THE 15-DAY FREE TRIAL THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY.
7.2 Services (Paid Accounts)
7.2.1 Blue Blink One will provide the Services described in the initial Order Form to Customer for the Subscription Period according to the terms of such Order Form and this Agreement. Additional Order Forms may be entered into by the Parties to allow the Customer to subscribe to additional or different features of the Services. Unless designated as replacing a specific subsisting Order Form, a new Order Form will be considered to be in addition to currently existing Order Forms.
7.2.2 Blue Blink One offers two types of accounts “Standard” and “Professional”. The Standard account offers the Services that are related at the moment of the subscription, and the Professional account adds certain features that are unique for that type of account. Those features are listed at the moment of the subscription.
8. Billing and Payment
8.1 If you select a Services paid account (Standard or Professional), you may choose to subscribe and pay for the Services on either a monthly or annual basis and Blue Blink One will bill the account in advance for use of the Services. Current pricing for monthly and annual paid accounts are as set forth on the Blue Blink One website, and Blue Blink One reserves the right to modify pricing at any time, provided however that Blue Blink One will notify the account administrator of a paid account by email prior to any monthly or annual price increase affecting that account. If you upgrade to a higher paid account or tier, Blue Blink One will credit any remaining balance from your previous subscription payment to your new account or tier. You may choose to discontinue your paid account at any time; however, Blue Blink One does not issue refunds for unused subscription periods.
8.2 By accepting the terms for a paid account you authorize Blue Blink One or its designated agent to charge you automatically at the beginning of each period according to the selected plan (monthly or annual) chosen by you, until you cancel your subscription. You consent to get access to the Services immediately, and acknowledge that refunds are only available within 14 days and provided you haven't accessed the Service. Full terms and instructions on how to cancel are available here.
8.3 You agree to maintain valid and up-to-date billing information on file with Blue Blink One. You may update this billing information at any time in your Account settings.
8.4 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice.
- Credit Card or Debit Card. Fees for accounts where you are paying with a credit card, debit card or other non-invoice form of payment are due at the beginning of the month for which Services will be provided to you. For credit cards, or debit cards: (i) Blue Blink One will charge you for all fees when due at the beginning of each service month or year, as applicable.
- Invoices. Payments for invoices are due ten days after the invoice date, unless otherwise specified.
- Renewal. For paid accounts, at the end of each annual or monthly subscription period (as applicable), the Services will automatically renew for an additional year or month, respectively. If you wish to change your subscription account term, you must change the settings in the account administration console provided as part of the Services.
- Other Forms of Payment. Blue Blink One may enable other forms of payment by making them available in the account administration and payments page. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.
8.5 Blue Blink One will endeavor to notify you if your paid account has failed payment. If Service fees are not paid at the beginning of the renewal period, Blue Blink One will automatically downgrade your account to a free Blue Blink One account and/or suspend your use of the Services.
8.6 Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes, except those assessable against the Blue Blink One Group measured by its net income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
8.7. Payment Authorization. When you initiate a subscription on the website, you authorize Blue Blink One (or its designated agent) to charge your designated credit card account or debit your designated debit card or bank account for the amount corresponding to the subscription fee. You are responsible for ensuring that your designated payment method has sufficient funds or credit available for payment of your money transfer transaction.
8.8 Payments made by credit card, debit card or certain other payment instruments for the Service are billed and processed by Blue Blink One's Payment Agent. To the extent the Payment Agent is not Blue Blink One, the Payment Agent is acting solely as a billing and processing agent for and on behalf of Blue Blink One and shall not be construed to be providing the applicable Service.
8.9 Any Subscriber that mandates Blue Blink One to use a vendor payment portal or compliance portal which charges Blue Blink One a subscription fee or a percentage of any uploaded invoice as a required cost of doing business, shall be invoiced by Blue Blink One for the cost of this fee.
9. Your passwords and account security
9.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
9.2 Accordingly, you agree that you will be solely responsible to Blue Blink One for all activities that occur under your account.
9.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Blue Blink One immediately at support@BlueBlinkOne.com.
10. Privacy and your personal information
10.2 You agree to the use of your data in accordance with Blue Blink One's privacy policies.
11. Content in the Services
11.1 You understand that all information (such as data files, fonts, written text, computer software, music, audio files, image files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
11.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Blue Blink One (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Blue Blink One or by the owners of that Content, in a separate agreement.
11.3 Blue Blink One reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
11.4 You agree that you are solely responsible for (and that neither Blue Blink One nor the third party provider through whom you purchased Blue Blink One has any responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Blue Blink One may suffer) by doing so.
11.5 You acknowledge and accept that there is no obligation of Blue Blink One to back up or provide disaster recovery for any data on the Measure Map Pro System. Such shall be the sole responsibility of User, Blue Blink One will use commercially reasonable endeavours to provide a facility for the User to download User Data for backup or disaster recovery purposes but accepts no responsibility for failure to provide such facility, failure of the facility to adequately perform or failure of Customer to download Customer Data for backup or disaster recovery purposes.
12. Proprietary rights
12.1 You acknowledge and agree that Blue Blink One (or Blue Blink One's licensors) and its resellers own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Blue Blink One or its resellers and that you shall not disclose such information without Blue Blink One's prior written consent.
12.2 Unless you have agreed otherwise in writing with Blue Blink One, nothing in the Terms gives you a right to use any of Blue Blink One's or its resellers' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
12.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Blue Blink One, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
12.4 Other than the limited license set forth in Section 14, Blue Blink One acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Blue Blink One, you agree that you are responsible for protecting and enforcing those rights and that Blue Blink One has no obligation to do so on your behalf.
12.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
12.6 Unless you have been expressly authorized to do so in writing by Blue Blink One, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
If you have a paid or educational Blue Blink One account, Blue Blink One may identify you as a customer on our site or in our customer list, blogs, and other public communications. To request removal of this identification, please notify us in writing at support@BlueBlinkOne.com or by sending a letter to Blue Blink One's address which is found at the beginning of these Terms. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.
14. License from Blue Blink One
14.1 Blue Blink One gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Blue Blink One as part of the Services as provided to you by Blue Blink One (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Blue Blink One, in the manner permitted by the Terms.
14.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Blue Blink One, in writing.
14.3 You may not make or attempt to make any additions, modifications, adjustments or alterations to the Services.
14.3 Unless Blue Blink One has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
14.4 Unless otherwise stated, Blue Blink One and/or its licensors own the intellectual property rights for all material on Blue Blink One. All intellectual property rights are reserved. You may view and/or print pages from http://www.measuremapapp.com for your own personal use subject to restrictions set in these terms and conditions.
14.5 You must not:
- Republish material from http://www.measuremaponline.com
- Sell, rent or sub-license material from http://www.measuremaponline.com
- Reproduce, duplicate or copy material from http://www.measuremaponline.com
- Redistribute content from Blue Blink One (unless content is specifically made for redistribution).
14.6 The same terms applies explicitly to the domains: http://www.measuremapapp.com, http://www.measuremap.online, http://www.measuremap.es, http://www.measuremaponline.es, and any other domains that are redirected to http://www.measuremaponline.com
15. License from you
15.2 You understand that Blue Blink One, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Blue Blink One to take these actions.
15.3 You confirm and warrant to Blue Blink One that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display Content on or through, the Service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the Content and to grant Blue Blink One all of the license rights granted in this Section.
16. Software updates
The Software which you use may automatically make available online, download and install updates from time to time from Blue Blink One. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Blue Blink One to deliver these to you) as part of your use of the Services.
17. Ending your relationship with Blue Blink One
17.1 The Terms will continue to apply until terminated by either you or Blue Blink One as set out below.
17.2 If you want to terminate your legal agreement with Blue Blink One, you may do so by (a) notifying Blue Blink One at any time and (b) closing your accounts for all of the Services which you use, where Blue Blink One has made this option available to you. Your notice should be sent, in writing, to Blue Blink One's address which is set out at the beginning of these Terms or via email to support@BlueBlinkOne.com.
17.3 Blue Blink One may at any time, terminate its legal agreement with you:
- if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- if Blue Blink One is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- if Blue Blink One is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the service; or
- if the provision of the Services to you by Blue Blink One is, in Blue Blink One's opinion, no longer commercially viable.
17.4 In addition, Blue Blink One may terminate its legal agreement with you, for any reason or no reason, by giving you 5 days’ written notice to the email address you provide when you register for Blue Blink One. If we discontinue your access to the Services at the end of this 5 day period, our termination will be effective at the end of this period, and we will refund any prepaid, unused subscription fees for the Services as soon as practicable thereafter. Otherwise, no fees are refundable, and you may continue using the Services through the end of your subscription period, at which point our termination will become effective.
17.5 Nothing in this Section shall affect Blue Blink One's rights regarding provision of Services under Section 4 of the Terms.
17.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Blue Blink One have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 23.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
17.7 If your Blue Blink One account is canceled, your information on our servers may be deactivated but not deleted. We do not actively delete your profile information, for example your name and email address. Any content that you do not wish to remain on our servers after ending your relationship with Blue Blink One should be deleted prior to closing your account.
17.8 Termination. Blue Blink One may terminate or suspend your Subscription for a paid account if You fail to make a payment to Blue Blink One or a reseller or otherwise fail to comply with the provisions of this Subscription Agreement for the account or other terms relating to Your Subscription to the Services. Blue Blink One may also terminate this Subscription Agreement for your paid account if you become subject to bankruptcy proceedings, become insolvent, or make an arrangement with your creditors. This Subscription Agreement will terminate automatically without further notice or action by Blue Blink One.
17.9 Effect of Termination. Upon termination or expiration of your Subscription for your Paid account, this Subscription Agreement all rights and Services entitlements granted by the Blue Blink One hereunder will terminate.
18. GDPR terms
To the extent that Blue Blink One processes any Personal Information (as defined in the GDPR addendum) contained in Saved Data that is subject to the GDPR (GDPR addendum), on your behalf, in the provision of the Services, the terms of the GDPR addendum at http://measuremapapp.com/apps/gdpr/, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.
19. EXCLUSION OF WARRANTIES
19.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 16 AND 17, SHALL EXCLUDE OR LIMIT BLUE BLINK ONES'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
19.3 IN PARTICULAR, BLUE BLINK ONE AND ITS LICENSORS AND RESELLERS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
19.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
19.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE BLINK ONE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
19.6 BLUE BLINK ONE AND ITS LICENSORS AND RESELLERS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
20. LIMITATION OF LIABILITY
20.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 16.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE BLINK ONE AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH BLUE BLINK ONE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE BLUE BLINK ONE WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
20.2 THE LIMITATIONS ON BLUE BLINK ONE'S LIABILITY, AND THAT OF ITS LICENSORS AND RESELLERS, TO YOU IN PARAGRAPH 17.1 ABOVE SHALL APPLY WHETHER OR NOT BLUE BLINK ONE, ITS LICENSORS OR RESELLERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
21. Copyright policies
21.1 Blue Blink One does not permit infringement of intellectual property rights on its Services. Blue Blink One may remove Content if it believes or has reason to believe such Content infringes on another’s copyright. Without prior notice and at any time at its sole discretion, Blue Blink One reserves the right to remove any Content, disable your ability to share or upload Content within the Service, or terminate your access to the Service (a) for uploading or sharing such Content in violation of these Terms of Service; or (b) if, under appropriate circumstances, you are determined to be a repeat infringer.
21.2 Blue Blink One reserves the right in its sole discretion to decide whether your conduct is inappropriate and whether it complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, etc. Blue Blink One may terminate your access for such inappropriate conduct in violation of these Terms of Service at any time and remove any such objectionable Content, without prior notice and at its sole discretion.
21.3 If you believe that Blue Blink One, or any user of the Services, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at support@BlueBlinkOne.com.
22.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
22.2 The manner, mode and extent of advertising by Blue Blink One on the Services are subject to change without specific notice to you.
22.3 In consideration for Blue Blink One granting you access to and use of the Services, you agree that Blue Blink One may place such advertising on the Services.
23. Other content
23.1 The Services may include hyperlinks to other web sites or content or resources. Blue Blink One may have no control over any websites or resources which are provided by companies or persons other than Blue Blink One.
23.2 You acknowledge and agree that neither Blue Blink One nor its licensors or resellers are responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
23.3 You acknowledge and agree that neither Blue Blink One nor its licensors or resellers are liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
24. Changes to the Terms
24.1 Blue Blink One may make changes to the Terms from time to time. When these changes are made, Blue Blink One will make a new copy of the Terms available at http://www.measuremaponline.com/terms_conditions.html.
24.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Blue Blink One will treat your use as acceptance of the updated Terms.
The Customer undertakes fully and effectively to indemnify and keep indemnified at all times Blue Blink One against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Blue Blink One directly or indirectly in respect of (a) any breach by the Customer of any of the provisions of this Agreement or any Schedule or relevant Order Form or (b) any claim by any third party that the Customer Data infringes or misappropriates any Intellectual Property Rights or other rights of third parties or (c) any breach by the Customer of the Third Party Terms.
26. Force Majeure
Neither Party shall be liable to the other in any way whatsoever for failure, interruption, delay or any other matters of the nature whatsoever arising out of acts of war (declared or undeclared), terrorism, rebellion, civil commotion, strikes, lockouts and industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the failure of or interruption to the eSpatial System, the Services or problems associated with transmission or access by/to the eSpatial System; the unavailability of upgrade material, information or services for or to update the eSpatial System or Services; or the requisitioning or other act or order by any government department, council or other constituted body.
27. General legal terms
27.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
27.2 The Terms constitute the whole legal agreement between you and Blue Blink One and govern your use of the Services (but excluding any services which Blue Blink One may provide to you under a separate written agreement), and completely replace any prior agreements between you and Blue Blink One in relation to the Services.
27.3 You agree that Blue Blink One may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
27.4 You agree that if Blue Blink One does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Blue Blink One has the benefit of under any applicable law), this will not be taken to be a formal waiver of Blue Blink One's rights and that those rights or remedies will still be available to Blue Blink One.
27.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
27.6 The Terms, and your relationship with Blue Blink One under the Terms, shall be governed by the laws of the Kingdom of Spain without regard to its conflict of laws provisions. You and Blue Blink One agree to submit to the exclusive jurisdiction of the courts located within Castellon, Spain to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Blue Blink One shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.