Terms of Use
These terms and conditions govern your use of our Service comprising the Cloud Machine Manager website and software. By using or accessing the Service, you agree to all the terms and conditions stated in this agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.
Limitations of liability
The information related to this service is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this service and the information on this service.
Whilst we endeavour to ensure that the information on this service is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the service remains available or that the material on this service is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our service, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Restricted Access
Access to certain areas of our service is restricted. We reserve the right to restrict access to areas of our service, or indeed our whole service, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our service or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our service or any other contractual obligation you owe to us.
By creating a user account to access restricted areas of this service you agree to receive email communications from Blueberry Software. We will provide unsubscribe links to all promotional emails.
Documentation and Discussion Forums
You must not use our service in any way that causes, or may cause, damage to the service or impairment of the availability or accessibility of the service.
You must not use our service in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our service for any purposes related to marketing without our express written consent.
You must not use our service to copy, publish or send mass mailings or spam.
You must not use our service to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our service must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our service, or commencing legal proceedings against you.
In respect of all material that you post on our service, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
Termination
You may cancel your individual account at any time by cancelling your account subscription. Services already used at that point are non-refundable. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you are not complying with the present Terms of Use, or use the Service in a manner that would cause Blueberry Software legal liability, disrupt the Service or disrupt others’ use of the Service. Blueberry Software reserves the right to terminate and delete your account if you haven’t accessed the Service for 6 consecutive months.
Blueberry Software reserves the right to temporarily or permanently discontinue the Service at any time. Blueberry Software will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, Blueberry Software will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.
Refunds
Service subscriptions are not eligible for a refund.
Disclaimer of Warranty and Limitation of Liability
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BLUEBERRY SOFTWARE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. BLUEBERRY SOFTWARE PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BLUEBERRY SOFTWARE’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BLUEBERRY SOFTWARE AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF BLUEBERRY SOFTWARE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BLUEBERRY SOFTWARE IS FOUND LIABLE TO PAY YOU ANY DAMAGES, BLUEBERRY SOFTWARE’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED £100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless Blueberry Software, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
Entire Agreement
These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our service, and supersede all previous agreements in respect of your use of this service.
All Rights Reserved
Law and Jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
Our contact details:
Blueberry Software Ltd.
The Bond
180-182 Fazeley Street
Birmingham
B5 5SE
United Kingdom
