[As of July 4th, 2019]
THIS USERS AGREEMENT (THIS «AGREEMENT») DESCRIBES THE TERMS ON WHICH HI ANGELS CORP. («HA») OFFERS YOU ACCESS AS AN USER/MERCHANTS/SALES ON BLUEFAUCET.COM AND ITS APP («BLUEFAUCET»). BY PRESSING THE «I ACCEPT» BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND YOU WILL BE GRANTED BIG END USER STATUS. BY PRESSING THE «I DECLINE» BUTTON, YOU DECLINE OUR OFFER AND YOU MAY NOT PARTICIPATE IN ANY ACTIVITY AS AN END USER/MERHCANTS/SALES.
TERMS AND CONDITIONS:
- Definitions. The following definitions apply to the terms as they appear in this Agreement: «The Program» («Program») means any computer programs, app and/or documentation included in the file(s) or package. «HA System» means the combination of client, merchants and sales and database software that comprises the HA BLUEFAUCET network system. «The Service» means the service and data platform on which BlueFaucet activities take place as provided by the Program and/or the HA System.
- Eligibility. Access is available only to adults (18 years of age or older), and, in their discretion, their minor children. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the «I Accept» button and providing us with a mobile number, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your access with anyone. You are liable for all activities conducted through your access to the Service. Corporations and other entities, or persons barred by applicable law from receiving access to the Service, are not eligible to procure access to the Service.
- Terms of License. The Program is licensed by HA to you, subject to the terms of this Agreement. HA grants you a nonexclusive, nontransferable, revocable license to load the Program onto your computer or smart mobile phone from the media provided (the «License»). In order to access the Service, you must (i) download BlueFaucet Program files which we may make available for direct download online; (ii) have a validate account; and (iii) have an Internet connection (which we do not provide) to access the Service. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access the Service. Neither this Agreement nor your BlueFaucet account entitles you to any subsequent releases of the Program, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Program at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. In the case of free trial or marketing promotion, you may obtain the Program to use for a limited period of time; the License does not extend beyond the stated period of time.
- Copyright and Other Restrictions. United States copyright laws and international treaty provisions protect the Program for any unauthorized use. HA retains all rights not expressly granted. None of the components of the Program (including the documentation) may be removed or altered, in whole or part, for any unauthorized use. You may not reverse engineer, translate, port, modify or make derivative works of the Program. You may not rent, disclose, publish, sell, assign, lease, sub-license, market, or transfer the Program or use it in any manner without the written consent of HA. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Program by reverse engineering, disassembly, de-compilation or any other means. Any issue that may arise from removal or alteration of the Program or component of the Program is solely your responsibility. Any violations in this section will automatically constitute a breach of this Agreement and the License.
- The Service. You understand and agree that HA assumes no responsibility for the deletion, delivery inaccuracy, storage mishaps, miscalculation or any form of failure that may occur in relation to the Service. Also, you agree to assume the first responsibility to safeguard access to your BlueFaucet account and hereby exempt HA from any liabilities that may arise from any loss as related to accessing the Service. Moreover, you agree that HA may communicate to you in the form of, including but not limited to, newsletter, advertisement, and other promotional or marketing activities in the Service.
- Rules of the HA System. To ensure a good service experience, both merchants and end users agree to comply with generally accepted standards of proper online behavior. HA reserves the right to determine, in its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the HA System. While using the HA System, you agree to use the HA System only for lawful purposes. HA reserves the right, but does not assume the responsibility, to restrict conduct which HA deems in its discretion to be harmful to individual end users, damaging to the communities which use the HA System, or in violation of HA’s or any third party’s rights. You acknowledge, however, that communication over the HA System and the Internet often occurs in real-time and HA cannot, and does not intend to, screen communication in advance. HA reserves the right, as permitted by applicable law, to terminate, without notification or refund, any end user’s access to the Service for chat or any player activity whatsoever which HA, in its sole discretion, determines is inappropriate and/or in violation of the spirit of BlueFaucet as set forth in the HA Code of Conduct.
- End User/Merchants Information. You agree to provide true, accurate and complete information about yourself in the registration process and to continue to keep your information as current as possible through updating your profile. Upon your registration for the Service, you will be assigned an ID to identify yourself to others. You also have option to create your own user name, HA reserves the right to delete any vulgar or otherwise offensive user name, or to require the deletion thereof.
- Disclaimer of Warranty. To the maximum extent allowed by applicable law, HA, its licensees, related third parties and subcontractors do not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through the HA System. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM, ALL SOFTWARE DISTRIBUTED BY HA, AND THE INTERNET ARE AT YOUR SOLE RISK. THE PROGRAM AND ALL SOFTWARE DISTRIBUTED BY HA ARE PROVIDED ON AN «AS IS,» «AS AVAILABLE» BASIS. HA DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE HA SYSTEM, ALL SOFTWARE DISTRIBUTED BY HA, AND THE INTERNET. HA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE END USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF HA, ITS LICENSORS AND SUBCONTRACTORS, OR USER’S OWN ERRORS AND/OR OMISSIONS.
- Limitation of Liability. IN NO EVENT SHALL WE, BE LIABLE TO CLIENTS OR MERCHANTS OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, YOUR ACCOUNT, THE SERVICE, THE HA SYSTEM OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $30. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
- Indemnification. Upon request of HA, you agree to defend, indemnify and hold harmless HA, its affiliated companies, licensees, and distributors from all liabilities, claims, losses and expenses, including attorneys’ fees, arising from breach of this Agreement or the License. HA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
- Specification. You agree to actively observe the minimum requirements, including but not limited to, hardware, software and internet connection, that are needed to make viable the Program and the Service. These requirements may change, evolve or be amended over time. HA reserves the rights to raise or amend the requirements at any time without notice.
- Access. You are responsible to maintain and manage your subscription to the Service and, thus, your access to the Service. Failure to deliver a payment or complete a transaction on time may result in suspension, cancellation or inactivation of your access to and/or license to use the Service. HA will not keep any data after the cancellation. End users who have ceased to subscribe to the Service or parties whose access to the Service has been suspended and/or terminated may not engage in any form and way of usage to the Service unless otherwise exempted by HA.
- Termination. Either you or HA may terminate this Agreement and the License at any time. Your only right with respect to any dissatisfaction with any License term or policy or practice of HA in operating the HA System or change therein is to terminate this Agreement and the License by notifying HA Support Staff of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by HA or upon receipt of confirmation if confirmation is requested. In the case of a failure by making any payment when due, HA reserves the right to suspend and/or terminate such user’s access to the Service without prior notification. HA is not required to notify or disclose to you the reason for suspension and/or termination. HA can only provide end users authorized to disclose information such as user name or phone number to merchant in his database when terminate this agreement, HA will not provide any information which not authorized by end users.
- Third Party Products and HA System. HA does not endorse, warrant or guarantee any product or service offered through the HA System by any third party or merchants, will not be a party to or in any way monitor any transaction between you and third-party providers or merchants of products and will not bear any responsibility for their products, policies or actions.
- Data in HA System. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Program onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Program and any services or software which may in the future be provided by us or on our behalf. Solely for the purpose of patching and updating the Service, you hereby grant us permission to (i) upload Program file information from the Program directory and (ii) download Program files to you. You acknowledge and agree that we may transfer your BlueFaucet account information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Service.
- Uploading Materials to HA System. As part of your access to the Service, you can upload content to our servers in various forms, such as products, pictures, price, promotion, logo, information, service, to the HA System (collectively, your «Content»). Your Content shall not: (i) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (ii) violate any law or regulation; (iii) be defamatory, obscene, child pornographic or harmful to minors; or (iv) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
- General Provisions. You may not use, modify, sub-license, rent, sell, assign or transfer the license granted pursuant to this Agreement or the License except as expressly provided in this Agreement. Any assignment in violation of this Agreement or the License is void. If any provision of this Agreement or the License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. HA and you are independent contractors under this License. HA’s failure to enforce at any time any of the provisions of this Agreement or the License shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by HA of any provision, condition or requirement of this Agreement or the License shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of HA shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of HA. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the state and federal courts in the County of Los Angeles, State of California. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof.
- Modification of this Agreement. HA reserves the rights to modify, update and correct the content of this Agreement at any time without any obligation to inform the users of the changes. It is the responsibility of individual user to check this document regularly to observe any changes if so desired. HA does promise to track the changes of this Agreement by specifying the date of uploading it to the BlueFaucet.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement represents the complete and exclusive statement of the agreements concerning the Program and the Service and supersedes all prior agreements between the parties.