July 4, 2023
Terms of Service
Your access to and use of the App is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the App.
The App is not intended for and is not designed to attract children under 13 years of age. BY ACCESSING OR USING THE APP YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE APP.
You cannot accept these Terms if: (i) you are not lawfully entitled to use the App under any applicable laws in the country in which you are located or resident; or (ii) if you are not of legal age to form a binding agreement with Administration. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
Blue Mountain Studios, LLC and third party providers may make improvements and/or changes in the capabilities, features, prices, and availability of the App at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any portion thereof.
Subscription Payments, Renewals, and Cancellation
Some parts of the App are billed on a subscription basis (“Subscription(s)”). If you choose to purchase a Subscription, payment will be charged to your Apple ID on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a weekly, monthly, or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Your Subscription will automatically renew under the exact same conditions unless it is canceled at least 24 hours before the end of the current Billing Cycle. Your account will be charged for renewal within 24 hours prior to the end of the current Billing Cycle. You may manage or cancel your Subscription by going to your account settings on the App Store after purchase.
We do not send invoices to customers that purchase a Subscription. Your account balance information can be accessed by going to your account settings on the App Store after purchase.
We may, at any time and in our sole discretion, modify Subscription fees for the Subscriptions.
The App may offer a free trial subscription period during which you can use all features of the App for a limited period of time. If you fail to cancel your free trial subscription, you agree to be billed according to the terms set forth in the section of these terms entitled “Subscription Payments, Renewals, and Cancellation”.
Refunds and Billing Disputes
All purchases are final. We cannot issue refunds for purchases charged to your Apple ID. If you have a billing dispute, you must contact the App Store to seek a remedy.
The App and its original content, features and functionality are and will remain the exclusive property of us and our licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Links to Other Web Sites
Our App may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
The App does not guarantee the availability or accuracy of any insights, analysis, or schedules (Content) produced or generated within the App. You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party transcribe on or through the App. However, by producing Content using the App you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the App. You agree that this license includes the right for us to make your Content available to other users of the App, who may also use your Content subject to these Terms.
You agree to defend, indemnify and hold harmless Blue Mountain Studios, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted or shared on the App.
Limitation of Liability
In no event shall Blue Mountain Studios, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, injuries or any other damage that might occur to your health, loss of profits, loss of data, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any Content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.
Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our affiliates and licensors do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.
We may terminate or bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the App.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Alabama, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have had between us regarding the App.
Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
If you have any questions regarding these Terms of Service, you may email [email protected].