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Terms of Service

(Effective as of January 15, 2014)

Welcome to the Blu Vela S.A. service. The following Terms of Service govern all use of the Service via the website located at https://www.bluvela.net and all content, services, and products available at or through the Website and Blu Vela S.A. Mobile App.

Please read this Agreement carefully before accessing or using the Website and Mobile Apps. It discusses the nature of Blu Vela S.A.’s Service; the rules Blu Vela S.A. expects users to follow on its Website and its Service; the relationship between Blu Vela S.A., its users, and its consultants; and the legal details that control these rules and relationships. By accessing or using any part of the Website and Mobile Apps, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website and Mobile Apps or use any services. The Website and Mobile Apps is available only to individuals who are at least 15 years old.

  1. Definitions: The following terms are used throughout the Agreement, and have specific meanings.
    1. The “Service” refers to the applications, software, products, and services provided by Blu Vela S.A., including without limitation the Mobile App.
    2. The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”) and all other operating rules, policies (including, without limitation, the Blu Vela S.A. Privacy Statement, incorporated by reference herein and available at https://www.bluvela.net/privacy.html) and procedures that may be published from time to time on the Website by Blu Vela S.A.
    3. The “Website” refers to Blu Vela S.A.’s website located at https://www.bluvela.net and all content, services, and products available at or through the Website.
    4. The “Mobile App” refers to the mobile application and service provided by Blu Vela S.A., together with any updates, and all content, services, and products available at or through the mobile service.
    5. “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or Service.
    6. “Blu Vela S.A.,” “We” and “Us” refer to Simple Rules, Inc., as well as its affiliates, directors, subsidiaries, and employees.
    7. “Content” refers to content featured or displayed through the Website and Services, including without limitation text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Services. “Content” also includes user generated content, such as user profile images.
    8. “Mark” refers to a trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
    9. “Third Party Social Networks” refer to the third party social networks accessed through the Blu Vela S.A. Service, including without limitation Facebook, Twitter, and Instagram.
  2. About the Service. The Blu Vela S.A. Service is a loyalty program where users could make check-ins and get discounts in all registered merchants points of sale.
    1. Blu Vela S.A. check-in process work on patented technology with proximity preferences.
    2. Blu Vela S.A. uses data you give us to customize search results and send you customized advertising messages and tailor them to your preferences.
    3. If you sign up for the Service, you will create a personalized account which includes a unique identifier to access the Service.
  3. User Responsibilities. You are solely responsible for your account and the activity that occurs while signed in to or while using your account. Your permission to use the Website and Services is conditioned upon the following Use Restrictions and Conduct Restrictions.
    1. User Account Security. You are responsible for maintaining the security of your user account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Blu Vela S.A. immediately of any unauthorized use of your account, or any other breaches of security. Blu Vela S.A. will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
    2. Compliance With Laws. You represent and warrant that:
      1. you have the authority to, and are of legal age to, bind yourself to this Agreement;
      2. your use of the Service will be solely for purposes that are permitted by this Agreement; and
      3. your use of the Service will comply with all local, state and federal laws, rules, and regulations.
    3. Additional Terms May Apply. This Agreement, along with the Blu Vela S.A. Privacy Statement and Blu Vela S.A.’s other terms, conditions, and policies, is the entire understanding between you and Blu Vela S.A. However, each Third Party Social Network has its own policies and terms. Please view the Terms of Service and Privacy Policies for each Third Party Social Network.
  4. Use and Conduct Restrictions. Certain Use and Conduct Restrictions control your use of the Service. Blu Vela S.A. has the right to remove Content at its discretion and may terminate accounts of Users who violate the Terms of Service. Blu Vela S.A. has no liability for the content its Users post. For the purposes of using and sharing the content Users post, you grant Blu Vela S.A. certain rights.
    1. You agree that you will not under any circumstances, transmit any content (including text, software, images, or other information) that:
      1. is unlawful or promotes unlawful activities;
      2. defames, harasses, abuses, threatens, or incites violence towards any individual or group;
      3. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      4. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      5. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
      6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
      7. impersonates any person or entity, including any of our employees or representatives;
      8. violates the privacy of any third party; or
      9. violates the Terms of Service, Privacy Policies, or any other policies or terms of any third party social networks accessed through Blu Vela S.A.
    2. Blu Vela S.A. May Remove Content. You hereby affirm that Blu Vela S.A. reserves the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service; remove any Content from the Service at its discretion; and terminate your account with or without prior notice.
    3. No Liability For User Interactions; Blu Vela S.A. May Monitor Interactions. Any liability, loss or damage that occurs as a result of the use of any User interactions that you input or receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. Without limiting any of these representations or warranties, we have the right (though not the obligation) to, in our sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any Blu Vela S.A. policy or is in any way harmful or objectionable, or terminate or deny access to and use of the Service to any individual or entity for any reason.
    4. License Grant. Solely to allow Blu Vela S.A. to use Content you upload to the Service, such as a user profile image, without violating any rights you have in it, you grant Blu Vela S.A. the following rights: by posting any Content via the Website and Mobile Apps, you expressly grant Blu Vela S.A. and our successors a worldwide, perpetual (for the duration of the applicable right), transferrable, sublicenseable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the Content.
  5. Third Party Content. There may be content from third parties on Blu Vela S.A.’s Website and Mobile Apps. We are not responsible for third party content or for the websites that content may link to.
    1. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for Blu Vela S.A. to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
    2. As part of the Service, Blu Vela S.A. may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we endorse such site or content. We are not responsible for any Third Party Content accessed through our Website and Mobile Apps. If you decide to leave the Website or Mobile Apps and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
    3. Each Third Party Social Network is solely responsible for the content originating from its network. No Third Party Social Network is responsible for or liable for content originating from any other Third Party Social Network.
    4. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by Blu Vela S.A.’s or Third Party Social Networks’ terms and conditions.
  6. Copyright Infringement and DMCA Policy. As Blu Vela S.A. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Blu Vela S.A. violates your copyright, you are encouraged to notify Blu Vela S.A. at . Blu Vela S.A. reserves the right to terminate the accounts of repeat infringers of intellectual property.
  7. Intellectual Property Notice. Blu Vela S.A. retains all ownership of its intellectual property, including its copyrights, patents, and trademarks.
    1. Blu Vela S.A. and its licensors, vendors, agents, and/or its content providers retain ownership of all intellectual property rights of any kind related to the Website, Mobile App, and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Blu Vela S.A. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
    2. Specifically, BLU VELA, BLUVELA.NET, and all other Marks that appear, are displayed, or are used on the Website, Mobile Apps, or as part of the Service are registered or common law trademarks or service marks of Simple Rules, Inc. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Simple Rules, Inc., except as an integral part of any authorized copy of the Content.
    3. Third Party Social Network Marks that appear, are displayed, or are used on the Website, the Mobile App, or as part of the Service are registered or common law trademarks or service marks of their respective owners.
  8. Email Communications. Blu Vela S.A. communicates with its Users through email and electronic means.
    1. For contractual purposes, you (a) consent to receive communications from Blu Vela S.A. in an electronic form via the email address you have submitted or via the Service; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that Blu Vela S.A. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
    2. Communications made through email or the Service’s e-mail and messaging system will not constitute legal notice to Blu Vela S.A. or any of its officers, employees, agents or representatives in any situation where notice to Blu Vela S.A. is required by contract or any law or regulation.
  9. Termination. Either party may terminate this Agreement at any time.
    1. Blu Vela S.A. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
    2. If you wish to terminate this Agreement or your account with the Service, you may simply discontinue using the Blu Vela S.A. If you wish to delete your User Personal Information (as defined in the Blu Vela S.A. Privacy Statement), please contact Blu Vela S.A. at contact@bluvela.net. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 business days.
    3. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. DISCLAIMER OF WARRANTIES. BLU VELA S.A. PROVIDES THE WEBSITE, THE MOBILE APP, AND THE SERVICE “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BLU VELA S.A. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE, THE MOBILE APP, AND THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER BLU VELA S.A. NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
  11. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLU VELA S.A., ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BLU VELA S.A. OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLU VELA S.A. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BLU VELA S.A. SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
  12. Release and Indemnification.
    1. You agree to indemnify and hold harmless Blu Vela S.A, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, the Mobile App, and the Service, including but not limited to your violation of this Agreement.
    2. If you have a dispute with one or more Users, you release Blu Vela S.A. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  13. Modification of Terms of Service.Blu Vela S.A. may modify this Agreement, but we will notify Users of material changes.
    1. Blu Vela S.A. reserves the right, at its sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. Blu Vela S.A. will notify its Users of material changes to this Agreement at least 30 business days prior to the change taking effect by posting a notice on its home page, sending an email to the email address you provided to Blu Vela S.A., and/or updating its Service and requiring renewal of your acceptance of the Agreement. For non-material modifications, your continued use of the Website constitutes agreement to Blu Vela S.A.’s revisions to these Terms of Service.
  14. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the Blu Vela S.A. Privacy Statement, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from country in which you reside); and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
  15. Miscellaneous. The following provisions define the governing law of this Agreement, set out the severability of this Agreement’s provisions, limit terms of actions, state Blu Vela S.A.’s arbitration policy, assert the non-assignability of this Agreement, and require all parties to be authorized to enter into a contract.
    1. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Blu Vela S.A. and any access to or use of the Website or the Service are governed by the federal laws of Switzerland and the laws of the Canton of Ticino, without regard to conflict of law provisions. You and Blu Vela S.A. agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Lugano, Switzerland, except as provided below in this Agreement.
    2. Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Blu Vela S.A. to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
    3. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with Blu Vela S.A. must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
    4. Arbitration. Should a dispute arise between you and Blu Vela S.A., we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lugano, Switzerland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
    5. Non-Assignability. Blu Vela S.A. may assign or delegate these Terms of Service and/or the Blu Vela S.A. Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without Blu Vela S.A.’s prior written consent, and any unauthorized assignment and delegation by you is void.
    6. Section Headings Non-Binding.Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
    7. Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service.
  16. Language. Where Blu Vela S.A. has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Blu Vela S.A. If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
  17. Contact. You may contact Blu Vela S.A. at the following address: Via Maggio 1, 6900 Lugano, Switzerland
You acknowledge that you have read these Terms of Service, understand the Terms of Service, and will be bound by these terms and conditions.
You further acknowledge that these terms of service together with the Privacy Statement represent the complete and exclusive statement of the agreement between you and Blu Vela S.A. and that it supersedes any proposal or prior agreement oral or written, and any other communications between you and Blu Vela S.A. relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized executive of Blu Vela S.A, or by the posting by Blu Vela S.A. of a revised version.
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