March 19, 2012
Bloson End User License Agreement
This End User License Agreement (“EULA”) constitutes legally binding terms and applies to your use of the Bloson App.
Bloson reserves the right to modify the Agreement at any time, and each such modification shall be effective upon posting with the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as modified. Therefore, it is important for you to review this Agreement regularly.
Bloson grants you a limited license to use the Bloson App in accordance with this EULA. Bloson reserves the right to discontinue any aspect of the Service at any time.
You may not decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan,distribute or create derivative works or improvements from the Bloson App or any portion thereof; or use the Bloson App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Terms and Conditions, including without limitation engaging in any kind of fraud or other similar conduct to fraudulently earn points. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software.
If you violate these restrictions, we reserve the right terminate your right to use the Bloson App at any time and to pursue any legal remedy against you available to us.
The Bloson App may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether the Bloson App and such application came bundled together.
This EULA is effective until terminated. You may terminate it by deleting and/or destroying all copies of Software in your possession. Bloson may terminate this agreement in its sole discretion, if you breach any of the terms and conditions, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Bloson's proprietary rights shall survive any such termination. You agree that Bloson shall not be liable to you or any third-party for any termination of your access to the Software or the services provided thereby.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation Of Liability
BLOSON'S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL BLOSON OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF BLOSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY BLOSON SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS BLOSON, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
High Risk Activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, BLOSON SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT BLOSON WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
This EULA is governed by and interpreted under the laws of the California, without regard to conflict of law provisions. All actions relating to this EULA and the Software shall be brought exclusively in the state or federal court situated in California, and you and Bloson irrevocably submit to the personal jurisdiction and venue of such courts for the purposes of any dispute arising from this EULA
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BLOSON, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME. NOTICE OF SUCH CHANGES WILL BE MADE ON THE BLOSON WEBSITE AS SET FORTH HEREIN.
Any inquiries may be sent to: Bloson Inc 901 Mission street, suite 210 San Francisco, CA