Terms Of Services
Welcome on Bluepush®, a service provided by the company Bluepush SAS (“Bluepush”, “Bluepush SAS”, “we”, “our”,”us”).
Our mission is to connect people through Bluetooth to allow them to be more productive and successful. Our registered users (“Members”) share their professional identities, broadcast their content, engage with their local network, exchange knowledge and professional insights, post and view relevant content, and find business and career opportunities. Content on some of our services is also visible to unregistered viewers (“Visitors”). The cornerstone of our business is to focus on our Members first.
This Terms of Services document (“TOS”) is an agreement that you must accept in order to use the service provided by Bluepush. Here we describe how we collect, use and handle your information when you use our product, websites, mobile applications, software and services ("Services"). When you use our Services, you are agreeing to our terms, so please take a few minutes to read over the TOS below.
IF YOU DON’T AGREE WITH THE PRESENT TOS, PLEASE DO NOT USE THE OUR SERVICES.
We are a general audience service and do not use the Services to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice without such parental consent. To use the Services, you agree that you must be 18 years old (“Minimum Age”) or older. In fact, if you are under 18 years of age, you are not permitted to use the Services and should not send any information about yourself to us through the Services.
However, if law requires that you must be older in order for Bluepush to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age.
The web site http://www.bluepush.co (hereinafter the “Site”) is an interactive and social website, edited by Bluepush.
Bluepush is a French corporation with an income of 7.000 €, registered under number R.C.S. 809 381 684, with its principal offices located at 7 avenue Emile Zola 92100 Boulogne-Billancourt, France.
This TOS is an electronic contract that establishes the legally binding terms you must accept to use the Services. By accessing or using the Services, by reaching and using Bluepush, by registering an account, by consulting, or by reaching to the content of the application, you declare that you guarantee that you read and understood the TOS as well as the Privicy Policy and the Good Use Policy, that you stand by it, that you are legally an adult or that you have the “Minimum Age” and your parents or guardian give you the right to use the Services.
Notice Of Beta Testing Phase
Please take note that the Website and App are currently in its beta phase and undergoing beta testing. The purpose of this beta phase is to obtain feedback and perform testing on the Website and App's features and performance, and to identify any defects or inconsistencies in its functionality. Bluepush will determine the length and scope of its beta phase, and has sole control as to who may access and use the Website and App.
During this beta phase, Bluepush may make regular changes to the Website and App, and that at times, stability, functionality, and reliability may not be optimal. As a beta user, You therefore recognize that there may be times where You encounter problems such as loss of data, crashes, or other errors. You acknowledge such risks and will not hold Bluepush or any of its agents, employees, or other individuals associated with Bluepush liable for any consequences that may arise through the use of the Website and App.
The “Services” include:
· Bluepush real-time positionning, Bluepush real-time communication, messaging, archiving and search services and related systems and technologies, as well as the website http://bluepush.co, and our related mobile applications;
· All software (including the Software, as defined below), applications, mobile apllication, data, reports, text, images, and other content made available through any of the foregoing
· All hardware including any products purchased from Bluepush or through the Bluepush Websites.
Any new features added to or augmenting the Services are also subject to this TOS. Bluepush reserves the right to modify or discontinue the Services (or any Services plan) or any feature or functionality thereof at any time without notice to you.
Access and Use of the Services
You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services in any manner (as determined by Bluepush in its sole discretion). See our Good Use Policy for specific provisions outlining prohibited uses of the Services. You shall comply with any codes of conduct, policies, storage limitations, or other notices Bluepush provides you or publishes in connection with the Services from time to time, and you shall promptly notify Bluepush if you learn of a security breach related to the Services.
Bluepush reserves the right to use your Company name as a reference for marketing or promotional purposes on Our website and in other communication with existing or potential Bluepush customers. For example, we might list your company on one of our webpages under lists of Bluepush customers. We don’t want to list customers who don’t want to be listed, so you may send an email to email@example.com stating that you do not wish to be used as a reference.
By creating an account, you agree to become a Member. As between you and others, your account belongs to you. You agree to:
- Try to choose a strong and secure password;
- Keep your password secure and confidential;
- Not transfer any part of your account (e.g., connections, groups);
- Use your real informations (full name, picture, job title and company name, etc);
- Follow the Good Use Policy below;
You are responsible for anything that happens through your account unless you close it or report misuse. So please safeguard your password to the Services, make sure that others don’t have access to it and keep your account information current.
Your Content & Permissions
When you use our Services, you provide us with things like your profile information, email, messages, pages including your data like picture, slide deck, links to news articles, job postings and blogs called "Your Content".
These TOS don't give us any rights to Your Content except for the limited rights that enable us to offer the Services.
In order for us to provide the Services to you, we require that you grant us certain rights with respect to Your Content. We need your permission to do things like hosting Your Content, backing it up, sharing it and indexing it to be able to search it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, email organization, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to trusted third parties we work with like service providers (such as Amazon Web Services).
If you or your end users send us any feedback or suggestions regarding the Service, you grant Bluepush an unlimited, irrevocable, free license to use any such feedback or suggestions for any purpose without any obligation to you or your end users.
You are free to stop using our Services at any time. On termination, you lose the right to access or use the Services and Your Content will be invisible to other users. The following shall survive termination:
· Our rights to use and disclose your feedback;
· Members and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
You can remove at any time all or part of Your Content from the Services on demand through the email address: firstname.lastname@example.org. Bluepush has the right to verify your identity before deleting your account.
We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you are not complying with these TOS, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
Our Services let you share Your Content with others, so please think carefully about what you share. You agree that when you share information, others can see, copy and use that information.
Our Services allow discovering, messaging and sharing Your Content in many ways, such as your profile, pages including picture, slide deck, links to news articles, job postings and blogs. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., changing the default setting for content from public to a more restricted view, limiting your profile visibility).
We are not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice.
Achieves & Saving
Note that some of your activities, such as saving profiles through your mobile devices will automatically send a push notification to the user you just saved. The content you save through your mobile will be automaticly sync with our servers. You can access this content at any time in your personnal space via the Site.
Notices and Service Messages
You agree that we may provide notices to you in the following ways:
· Banner notice on the Service;
· Email sent to an address you provided;
· Through other means including mobile number, telephone, mail, push notifications on your devices;
In other words, you are okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
To do so, you agree to keep your contact information up to date.
Please review your Bluepush settings to control and limit what kind of messages you receive from us.
Responsibilities & Limits
You're responsible for your Content, your conduct, your administrators’ conduct, your teams’ conduct, your end users’ conduct and all communications with others while using the Services. Administrative Users shall be responsible for all actions by Members on their Team.
You must comply with our Good use Policy. We may choose to review public content for compliance with our policies and guidelines, but you acknowledge that Bluepush has no obligation to monitor any information on the Services. However, you further agree that Bluepush may remove or disable any public content at any time for any reason or for no reason at all. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
For example, if you upload files which do not belong to you and use the “Get Public Link” feature to make these files available publicly, we can delete those files. We are not responsible for the accuracy, appropriateness, or legality of Your Content or any other information you and your end users may be able to access using the Services. The Services provide features that allow you and your end users to share Your Content and other materials with others or to make it public. Please consider carefully what you allow to be shared or made public.
Good Use Policy
We trust you to use our services responsibly. You agree not to misuse the Bluepush services ("Services"). For example, you must not, and must not attempt to do the following:
· Probe, scan, or test the vulnerability of any system or network;
· Breach or otherwise circumvent any security or authentication measures;
· Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
· Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
· Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
· Send unsolicited communications, promotions or advertisements, or spam;
· Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
· Promote or advertise products or services other than your own without appropriate authorization;
· Abuse Bluepush referrals or promotions to get more storage space and free push notifications than deserved;
· Abuse the Services in a manner that circumvents their storage space limits;
· Sell the Services or Services’ accounts via unauthorized channels;
· Use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
· Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
· Harass, abuse or harm another person;
· Use or attempt to use another's account;
· Send spam or other unwelcomed communications to others;
· Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
· Use Bluepush invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
· Create profiles or provide content that promotes escort services or prostitution.
· Post anything that contains software viruses, worms, or any other harmful code;
· Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
· Override any security feature of the Services;
· Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Bluepush;
· Violate the law in any way including storing, publishing or sharing material that's fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
· Monitor the Services' availability, performance or functionality for any competitive purpose;
You agree that you will:
· Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
· Provide accurate information to us and keep it updated;
· Use your real name on your profile;
· Use a picture representing yourself for your profile picture;
· Use the Services in a professional manner;
· Have good manners with other Members.
Statement and guarantee
You declare and guarantee to Bluepush that Your Content or any part of this one is a content that you have all the rights, licenses, consents and approvals required to use. You own all of Your Content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
You authorize Bluepush to use Your Content in accordance with these TOS, including, without limitation, the right to download, reproduce, stock, transmit, distribute, share, publicly display, make available to the public and communicate your content, and each and every part of this one, on, through or via the Services or any services related.
You declare and guarantee to Bluepush that Your Content on the Services will not violate rights of third parties including, without limitation, intellectual property rights, performers' rights, privacy or advertising rights, or rights linked to confidential information.
Disclaimer and Limit of Liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but Bluepush shall use reasonable efforts to provide advance notice of any material scheduled service disruption.
TO THE EXTENT ALLOWED UNDER LAW, BLUEPUSH (AND THOSE THAT BLUEPUSH WORKS WITH TO PROVIDE THE SERVICES) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BLUEPUSH HAS ENTERED INTO A SEPARATE WRITTEN TOS THAT SUPERSEDES THIS TOS), BLUEPUSH (AND THOSE THAT BLUEPUSH WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF BLUEPUSH (AND THOSE THAT BLUEPUSH WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID, IF ANY, OR (B) US $100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BLUEPUSH AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BLUEPUSH HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Right And Limits
Bluepush have the right to limit how you connect and interact on our Services. We reserves the right to limit your use of the Services, including the number of your connections, your visibility on the Services and your ability to contact other Members. Bluepush reserves the rights to restrict, suspends, or terminate your account at any time if Bluepush believes that you may be in breach of this TOS or law or are misusing the Services (e.g. violating of the Good Use Policy for example).
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Bluepush generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. For example, if you follow a link published by an other Member that redirect to a third party apps, websites or content, Bluepush is not responsible for these other sites and apps or content.
Complains regarding the content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. You can report at any time complaints to our designated agent concerning content posted by our Members through the email address: Complains@bluepush.co.
Or through post mail:
7 avenue Emile Zola
Bluepush reserves all of its intellectual property rights in the Services. All rights, title and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to Bluepush. For example, Bluepush logos and other Bluepush trademarks, service marks, graphics, and logos used in connection with Bluepush are trademarks or registered trademarks of Bluepush. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. You can contact our designated agent for notice of alleged copyright infringement on the Services through the email address: Copyright@bluepush.co.
Or through post mail:
7 avenue Emile Zola
The present TOS are submitted to French law.
In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
7 avenue Emile Zola