(810) 285-7773
Support@BlueBurnBusines.com
End-User License Agreement
Privacy Policy
This End-User License Agreement ("EULA") is a legal agreement between you and Blue Burn Business. This EULA agreement governs your acquisition and use of our Blue Burn Business ("media") directly from Blue Burn Business. “Media” is defined as means and institutions for publishing and broadcasting information. This includes, but is not limited to, newspapers, radio, social media, or television.
WHEREAS Customer has requested that Service Provider furnish access to Blue Burn Business, and the service Provider has agreed to provide such access and services set forth in this Agreement;
NOW, THEREFORE, in consideration of the undertakings of the Parties set forth herein, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows.
Please read this EULA agreement carefully before completing the process and using the Blue Burn Business. It provides a license to use the Blue Burn Business and contains warranty information and liability disclaimers.
If you register for a free trial of the Blue Burn Business, this EULA agreement will also govern that trial. By clicking "accept" and/or using the Blue Burn Business, you are confirming your acceptance of the media and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the media, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the media supplied by Blue Burn Business herewith regardless of whether other media is referred to or described herein. The terms also apply to any Blue Burn Business updates, supplements, Internet-based services, and support services for the media, unless other terms accompany those items on delivery. If so, those terms apply.
Fees
Continued Service, Customer will automatically be enrolled into the Continued Support program and will be charged licensing/material fee per month for ongoing use/licensing of trade secrets, videos, materials, etc., Customer may elect to cancel the licensing/use rights at any time by giving thirty (30) calendar days written notice to Support@BlueBurnBusiness.com but once canceled, Customer will forfeit the ability to use trade secrets, videos, materials, etc.
Expenses. The customer shall pay for all out-of-pocket and pass-through expenses directly incurred in connection with the performance of the Services including any third-party expenses such as advertising fees, media use fees, printing, etc. Service Provider will use commercially reasonable efforts to apprise Customers of anticipated third-party fees in advance, however, any such fees are always subject to change and Customer agrees not to unreasonably withhold payment for these expenses. Terms of payment. Terms of payment are within Provider’s sole discretion and the form of payment must be received by us at the time of execution of the Agreement. The provider accepts Visa, Mastercard, and American Express for all purchases. The provider will collect multiple forms of approved payment at the acceptance of these terms. The customer represents and warrants that (i) the credit card information supplied is true, correct, and complete, (ii) the Customer is duly authorized to use such credit card for the purchase, and (iii) charges incurred will be honored by the credit card company, and (iv) will pay charged incurred at the posted prices, and all applicable taxes, if any. Payments for purchases will be processed via the payment form on file in accordance with the current batch cycles that will be communicated from time to time by Provider. Refunds. Customer hereby ratifies Customer’s understanding that all program sales are final and non-refundable and waive any rights to chargeback purchase with Customer’s credit card processor unless exempt specifically by their program(s).
Cooperation Between the Parties. Each Party shall fully cooperate with the other Party with respect to the provision of the Services. Each Party shall provide or make available to the other Party any information that may reasonably be required to effectively perform the Services. Customer shall, without any charge to Service Provider, provide all reasonable facilities and assistance as may be necessary for the safe and convenient performance of the Services by the Service Provider’s personnel.
No Guaranteed Earnings or Refunds. Service Provider makes no guarantee of potential earnings that will, or may, be received by Customer under this Agreement of the use of the materials and information provided by the Service Provider. Further, Service Provider will not refund any of the amount paid by the Customer for the right to enter into this Agreement.
Limited Warranty. The Services to be performed hereunder are in the nature of Business Development, Digital / Social Media / Internet Marketing and Promotional Training. The Service Provider does not warrant in any form the results or achievements of the Services provided under this Agreement. The Service Provider only warrants that the Services will be performed and/or delivered by qualified personnel in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. THE WARRANTY SET FORTH IN THIS SECTION 4 IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT, OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. THE SERVICE PROVIDER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. THE CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID FOR SUCH NON-CONFORMING SERVICES.
License Grant
Blue Burn Business hereby grants you a personal, non-transferable, non-exclusive license to use the Blue Burn Business on your devices and social media in accordance with the terms of this EULA agreement. You are permitted to load the Blue Burn Business (for example a PC, laptop, mobile, or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Blue Burn Business.
You are not permitted to:
• Reproduce, copy, distribute, resell, or otherwise any illicit or illegal purpose
• Allow any third party to use the media on behalf of or for the benefit of any third party
• Use the media in any way which breaches any applicable local, national or international law
• Use the media for any purpose that Blue Burn Business considers is a breach of this EULA agreement
Indemnification
Each Party (the “Indemnifying Party”) will indemnify, defend, and hold the other Party, its respective shareholders, officers, directors, administrators, managers, personnel, successors, and assigns (each, an "Indemnified Party") harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, actions, demands, lawsuits, costs, and expenses including, without limitation, reasonable attorneys' fees, that arise out of or relate to (a) the gross negligence, willful misconduct or fraud of the Indemnifying Party; (b) the breach of the Indemnifying Party’s obligations under this Agreement; (c) the breach of the Indemnifying Party’s representations or warranty obligations; (d) the failure by the Indemnifying Party to comply with any applicable laws, rules, and regulations; and (e) any payments, compensation, damages, or other amounts, however, characterized or determined, to a third party, which the Indemnified Party has reimbursed or may be obligated to pay as a result of any of the foregoing or any other breach of this Agreement by the Indemnifying Party. For purposes of this section, the acts or omissions of a Party’s employees consultants, subcontractors, agents, and representatives shall be deemed the acts or omissions of that Party.
Indemnifying Party will not relieve it of its indemnification obligations, except to the extent that the failure or delay is prejudicial to the defense of the claim or action. The Party seeking indemnification will provide the Indemnifying Party and its counsel and insurance carriers reasonable cooperation and assistance in, and grant the Indemnifying Party control over, the defense and settlement of the claim. In its reasonable discretion and at its expense, the Party seeking indemnification may engage counsel to support the Indemnifying Party’s defense of any Claim, and the Indemnifying Party will ensure that its counsel reasonably cooperates with and permits participation by such counsel. The Indemnifying Party shall not agree to any settlement which results in an admission of liability by the other Party nor consent to any judgment, attachment, lien, or any other act adverse to the interests of the other Party without the other Party’s prior written consent, which consent shall not be unreasonably withheld or delayed. If the Indemnifying Party fails to assume the defense of any Claim or does not diligently pursue such defense, the other Party may retain counsel and assume the defense of such Claim at the cost of the Indemnifying Party.
Limitation of Liability; Actions. EXCEPT FOR THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND CONFIDENTIALITY OBLIGATIONS UNDER OF THIS AGREEMENT, IN NO EVENT SHALL EITHER CUSTOMER OR SERVICE PROVIDER BE LIABLE UNDER THIS AGREEMENT TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. THE SERVICE PROVIDER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER UNDER THIS AGREEMENT.
Intellectual Property and Ownership
Blue Burn Business shall at all times retain ownership of the media as originally licensed by you and all subsequent use of the media by you. The media (and the copyright, and other intellectual property rights of whatever nature in the media, including any modifications made thereto) are and shall remain the property of Blue Burn Business.
Intellectual Property. Work Product. THIS IS NOT A WORK-FOR-HIRE AGREEMENT. All works, ideas, inventions, discoveries, improvements, patents, copyrights, derivative works, trademarks, service marks, and trade secrets (including all media, code, videos, written materials, models, marketing techniques and practices, illustrations, and designs), and the like (collectively, “Intellectual Property”), which are developed, conceived, created, discovered, learned, produced and/or otherwise generated by Service Provider under this Agreement shall be the sole and exclusive property of Service Provider and it shall own any and all right, title and interest to the same, however, the Intellectual Property shall be subject to a worldwide, non-exclusive license to Customer for its use only as intended under this Agreement. Blue Burn Business reserves the right to grant licenses to use the media to third parties.
Termination
This EULA agreement is effective from the date you first use the media and shall continue until terminated. If using Media As A Service You may terminate it at any time upon 30 days of written notice to Blue Burn Business. At the conclusion of the Initial Term, this Agreement shall automatically renew on a monthly basis at the weekly rate of the current Continued Support Service Fee (each, a “Renewal Term”) unless this Agreement is terminated by the Customer by providing the Service Provider with thirty (30) days prior written notice of non-renewal. The foregoing notwithstanding, Service Provider has the right to terminate this Agreement and license/use rights at any time for any actual or threatened violation of these Terms; any dishonest or unethical business practice, which may include, but is not limited to fraud, malfeasance, intellectual property infringement, criminal activity, general or sexual harassment, the violation of law, harm to Service Provider’s reputation, the violation of the rights of Service Provider, including any other contract rights between Customer and Service Provider, the violation of the rights of any third party or affiliate, or if Customer is acting in competition with Service Provider’s products or services. Upon termination of Services and license/use rights Customer agrees to immediately discontinue all uses of any and all Program Materials, Trade Secrets, and Intellectual Property and all uses of any terms or images confusingly similar to Service Provider’s trademarks or trade dress, and that all rights in and the goodwill connected therewith shall remain the exclusive property of Service Provider.
Obligations upon Termination. Termination of this Agreement for any reason shall not discharge either Party's liability for obligations incurred hereunder and amounts unpaid at the time of such termination. Customer shall pay Service Provider for all Services rendered prior to termination. Upon termination, each Party shall return the other Party’s Confidential Information that is in its possession at the time of termination. Upon the termination of any of the Services (or upon the termination of the Agreement), the Customer shall promptly return any equipment, materials, or other property of the Service Provider relating to the terminated Services which is owned by the Service Provider and is in the Customer’s possession or control It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the media. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. No refund will be given upon termination.
Relationship
Relationship of the Parties. Service Provider and its employees and personnel performing any Services under this Agreement are independent contractors and not employees of the Customer. Neither Party is the agent of the other and neither Party shall have any right or authority to make or enter into any contract or other agreement in the name of or for the account of the other Party, or to make any representation, or to assume, create or incur any obligation or liability of any kind, express or implied, on behalf of the other Party.
Right of Publicity Release. Customer acknowledges that Service Provider will at times videotape, photograph, and otherwise reproduce via analog or digital means (collectively, “Record”) your image, likeness, and/or voice, and Customer agrees that Service Provider has the right to transfer and assign all rights associated with such recording, including without limitation the right of publicity. You agree that Service Provider and any assignee may use any recording in any written material, artwork, image, video, or website to advertise Service Provider and/or its Services or its assignee’s business, without advance notice of the recording, and without the right to compensation or accreditation.
Governing Law
Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of The United States.
Notices. All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, (iv) overnight mail, or electronic mail (email), so long as the receiving Party acknowledges receipt thereof and addressed to the Party to be notified at the client address or to such other address as such party shall specify by like notice.
(347) 216-6700
Support@BlueBurnBusiness.com
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