Terms and Conditions

Please read and review the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the “Website,” or “Site”, or "PDFSimpli.com"). LegalSimpli Software, LLC. doing business as PDFSimpli (“PDFSimpli”) may change the Terms of Service from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Service.

Contents

  1. General Terms and Conditions.
  2. User Conduct On the Site.
  3. Failure to Comply With Terms and Conditions and Termination.
  4. Other Information.
  5. Arbitration Agreement.
  6. Terms and Conditions Revision History.

General Terms and Conditions.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

By using the PDFSimpli.com web site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, INTUIT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER PDFSimpli NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF INTUIT, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

To the best of my knowledge, I have provided accurate information to PDFSimpli and have obtained all third-party consents required for my order.

If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.

After your purchase, you may receive an email survey request or phone call from PDFSimpli. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.

To use PDFSimpli services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain PDFSimpli services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that PDFSimpli is not responsible for delays, delivery failures, or other damage resulting from such problems.

PDFSimpli shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, PDFSimpli may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

I acknowledge that PDFSimpli reserves the right to refuse service to anyone.

I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.

User Conduct On the Site.

While using the Site, you may not: restrict or inhibit any other user from using and enjoying the Site; or post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by PDFSimpli) or engage in spamming or flooding; or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

PDFSimpli has no obligation to monitor the Site. However, you acknowledge and agree that PDFSimpli has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. PDFSimpli will not intentionally monitor or disclose any private electronic-mail message unless required by law. PDFSimpli reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, PDFSimpli is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Failure to Comply With Terms and Conditions and Termination.

You acknowledge and agree that PDFSimpli may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that PDFSimpli in its sole discretion believes violate any of the terms and conditions, violate the rights of PDFSimpli, or is otherwise inappropriate for continued access.

You acknowledge and agree that PDFSimpli may in its sole discretion deny you access through PDFSimpli to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through PDFSimpli, and PDFSimpli shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold PDFSimpli and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website. You acknowledge and agree that PDFSimpli and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by PDFSimpli or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to PDFSimpli’s Website comes from a variety of sources. Some of this information comes from official PDFSimpli licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to PDFSimpli. PDFSimpli does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that PDFSimpli and its Website Co-branding Providers 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 such external sites or resources.

Other Information.

PDFSimpli is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold PDFSimpli liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site..

The Terms of Service and the relationship between you and PDFSimpli shall be governed by the laws of the Puerto Rico without regard to its conflict of law provisions. You and PDFSimpli agree to submit to the personal and exclusive jurisdiction of the courts located within the Puerto Rico.

The failure of PDFSimpli to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Arbitration Agreement.

(a) PDFSimpli and you agree to arbitrate all disputes and claimsbetween us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “PDFSimpli,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and PDFSimpli are each waiving the right to a trial by jury or to participate in a class action.These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to PDFSimpli should be addressed to: Notice of Dispute, General Counsel, PDFSimpli Software, LLC, 1223 Calle Luchetti, # 1001, San Juan, PR 00907 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If PDFSimpli and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PDFSimpli may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PDFSimpli or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PDFSimpli is entitled.

You may download or copy a form to initiate arbitration from the AAA website at https://www.adr.org/sites/default/files/Business%20and%20Consumer%20Submission%20to%20Non-Binding%20Arbitration_2.pdf

(c) After PDFSimpli receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, PDFSimpli will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to PDFSimpli, at http://www.legalzoom.com/arbitration-information.pdf.) The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless PDFSimpli and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which PDFSimpli was a party. Except as otherwise provided for herein, PDFSimpli will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse PDFSimpli for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of PDFSimpli’s last written settlement offer made before an arbitrator was selected, then PDFSimpli will:

pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).

If PDFSimpli did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of PDFSimpli’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before PDFSimpli’s settlement offer.

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws PDFSimpli may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, PDFSimpli will not seek such an award.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LEGALZOOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and PDFSimpli agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

Terms and Conditions Revision History.

Last updated on November 20, 2017

BlueSnap Site – Terms of Use

v3.2, January 10, 2017

Welcome to the BlueSnap Site (the “Site”). This Agreement is made between BlueSnap, Inc., a California corporation and its subsidiaries, including BlueSnap EU, Ltd, BlueSnap, Ltd, BlueSnap Payment Services Ltd, BlueSnap Enterprise Canada ULC, and you. These Terms & Conditions (Terms) are applicable as between you and the specific BlueSnap entity designated as the point of contact for customers in your jurisdiction (the location is based on the customer IP address/billing address/shipping address/self-selection/address linked to account, etc. at the moment of online purchase).

  • If you are a customer in the US, you are contracting with BlueSnap, Inc. based in the US
  • If you are a customer in the EU, you are contracting with BlueSnap Payment Services Ltd based in the UK. BlueSnap Payment Services Ltd is authorized by the UK’s Financial Conduct Authority under the Payments Services Regulations 2009 reference no. 629580, for the provision of payment services.
  • If you are a customer in Canada, you are contracting with BlueSnap Enterprise Canada ULC.
  • If you are a customer outside one of the above territories you will be contracting with the BlueSnap entity in the licensed area of your Merchant’s acquirer or BlueSnap, Inc.

The terms BlueSnap, “we,” “us” and “our” refer to BlueSnap, Inc. and its subsidiaries, as applicable. These Terms govern your use of the Site and its contents.

YOU ARE RESPONSIBLE FOR CHECKING THESE TERMS PERIODICALLY FOR ANY CHANGES.

1. Registration and Supply of Information
You may need to register on the Site in order to use certain of the Site functions. If you just want to browse the Site, registration is optional.

During registration, you will be required to provide contact information, consisting of an email address, username and password and other details. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. If you do use your own name on the Site, you consent to it being passed to others by use of certain of the functions of BlueSnap and the Site such as blogs or forums. BlueSnap reserves the right to reject or remove any username or name.

For certain functions, such as the sale or purchase of products and services, you are required to provide your name, address and billing and credit card information. For other functions such as shopper support or merchant support you may be required to give details of your name, address, email, BlueSnap account or product order in order to obtain assistance. In all such cases you are required to provide accurate and complete information.

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to inform BlueSnap immediately in writing of any unauthorized use of your account or password, or any other related security breach. You may be held liable for losses incurred by BlueSnap or any other user of the Site due to someone else using your password or customer account.

2. Age of Users

The Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If BlueSnap finds that you do not have the legal authority to bind such corporate entity, in addition to other remedies, you will be personally responsible for the obligations and legal liabilities contained herein, including, but not limited to, any payment obligations. BlueSnap shall not be liable for any loss or claims resulting from BlueSnap’s reliance on any instruction, notice, document or communication reasonably believed by BlueSnap to be genuine and originating from an authorized representative of such corporate entity. If BlueSnap has reasonable doubts of the authority of any instruction notice, document or communication, BlueSnap reserves the right to require additional authentication from you.

3. Additional Terms and Conditions; EULAs, Payment Data & PCI DSS
When you use BlueSnap’s Reseller Services to make a purchase either on our own website or those hosted by third parties using the BlueSnap checkout pages, ownership of your purchase will first be transferred to BlueSnap before your order is delivered to you.

By assuming ownership of the products you purchase using the BlueSnap website, we take primary responsibility for delivery of your purchase and for providing you with customer service and warranty protections connected to these products. We may do this with assistance from the sellers who use our website to facilitate payment of your purchase to the extent permitted by applicable law. As a shopper on our site, Your purchase may be governed as applicable by certain laws of the United Kingdom, such as the Consumer Rights Act 2015 which impose requirements on us as a seller of goods and services as to quality, fitness for purpose, safety, durability and freedom from defects. Further, you may have rights as to your purchase in the UK under the Consumer Contracts Regulations 2013, which in part allow you to (1) cancel an online purchase of goods within 14 days of the purchase and gives you 14 days to return the goods for a refund, provided it is not a download of digital goods provided within this cancellation period unless defective, or to (2) cancel an online service contract within 14 days of purchase for a refund provided that the service has not been provided within this time. Provision of online services and digital downloads may not be provided within the 14 day cancellation period unless specifically requested by you in which case you may lose your right to cancellation.

We will work with You and any third party provider using our Services to resolve any disputes arising from your purchase.

For customer service inquiries, payment questions or disputes, You may contact us by email at support@bluesnap.com.

Third parties that sell products using our site give BlueSnap a worldwide non-exclusive, royalty-free and non-transferable license to market and be the merchant of record for their products and, where appropriate, effect delivery of digital titles and/or relevant license keys and/or product activation codes to you through the Internet and/or other networks. With respect to shoppers making such purchases, (i) the BlueSnap Privacy Policy shall apply to all transactions and should be reviewed before making any purchase, and (ii) the BlueSnap Refund Policy will be applicable unless notice is provided during checkout that seller-specific rules apply.

Your purchase of any digital content may also require you to accept one or more End-User License Agreements (or “EULAs”) which contain specific terms set by the supplier. You will be bound by the terms of any EULA applicableto your purchase.

The terms between BlueSnap and third party sellers are governed by separate agreements and are not subject to the Terms on this website.

As required by law in the UK and/or EU, BlueSnap may have responsibility for the value added tax (VAT) on your purchase.

4. BlueSnap Privacy Policy

Your use of this Site signifies your continuing consent to the BlueSnap Privacy Policy, which you can examine any time by clicking on the “Privacy policy” link on the Site. Personal information that you supply to BlueSnap, and any information about your use of BlueSnap that we obtain will be subject to the BlueSnap Privacy Policy on this Site.

Where shopper’s cardholder payment data is transmitted, processed, or stored through the BlueSnap Payment Services, BlueSnap acknowledges that it shall be responsible for the security of such data in accordance with applicable PCI DSS requirements.

BlueSnap routinely backs up transaction information on its servers in the UK and US and by using BlueSnap Services you agree for relevant transaction information to be stored on such servers and agree to the transfer/export of data from the country or territory from where you are conducting the transaction to our data servers. For further information on this provision please contact us at: support@bluesnap.com.

5. Changes to BlueSnap
We may discontinue or change any BlueSnap content, service, function or feature at any time with or without notice.

6. Proper Use of This Site
When you use any of our blogs, forums or other social and communications functions, you agree at all times to comply with all relevant usage requirements. You agree to use BlueSnap for lawful purposes only and may use the Site only in ways consistent with the law.

You may not:

  1. Use any program, spider or “bot” to gather, collect or “harvest” information from the Site.
  2. Use anyone else’s password or customer account at any time or attempt to gain unauthorized access to the Site
  3. Infiltrate, hack, or otherwise attempt to again unauthorized access to or comprise the integrity and/or security of the Site or servers, connected services or networks including any personal or payment information.
  4. Attempt to disrupt, interfere, or slow down the Site, or servers, connected services or networks, breach or attempt to access the security of the Site, networks, servers, data, computers etc., relating to the Site or of any third party hosting, supplying or working with the Site.
  5. Duplicate, copy, insert into frames or otherwise exploit the Site and/or its contents for any gain or to effect any deception or phishing, or impersonate any BlueSnap representative or client.
  6. Use any hyperlink to the Site to show BlueSnap or its users, suppliers, customers or their products in an untruthful, derogatory or offensive manner.
  7. Upload to the site any virus, Trojan, harmful or malicious code or malware, or cause or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any servers, connected services or networks. h) Use the Site for purposes of competitive intelligence. If you access the Site and replicate on a competitive service any of the Site’s features, any portion of the Site’s user interface, or any other intellectual property displayed on the Site, you agree to pay damages, including but not limited to, liquidated damages in the amount of all revenue earned by such competitive service after the date material was copied from the Site.

7. Proprietary Rights
BlueSnap reserves all rights under intellectual property law in BlueSnap, the BlueSnap Payment Services, BlueSnap trademarks and proprietary information, and in any content that is on the Site.

Except as BlueSnap may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from BlueSnap or its suppliers on the Site without our express prior written consent.

8. Changes to the Terms of Use
We may change the Terms at any time and such terms shall come in effect immediately as set out above.

9. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning BlueSnap or this Site electronically, including notice to any email address that you may provide. Any notice shall be deemed received by you upon our posting it to this Site.

10. Content That You Supply
BlueSnap may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, the law, or any applicable posting rules. Content that violates applicable rules may be removed by us.

If you choose to post any content on any blog, forum or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

11. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

12. Third Party Sites and Sellers/Product Suppliers
BlueSnap may include on its Site links to third party websites. You agree that we are not responsible or liable for any content or claims made on third party websites. BlueSnap is furthermore not responsible for examining, evaluating, nor providing any warranty for the offers made by any of these businesses or individuals on their own websites.

13. Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

14. Limitation of Liability
YOU MAY NOT ASSERT ANY CLAIMS FOR DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. TO THE EXTENT PERMITTED BY LAW BLUESNAP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH CLAIM ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT OR OTHER THEORIES OF LIABILITY.

15. Indemnification
You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. Choice of Law and Jurisdiction
For customers in the US and regions other than the European Union and Canada, these Terms shall be governed by the laws of the State of California, U.S.A, without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the competent state or federal courts of or in Santa Clara County, State of California, U.S.A. For customers in the European Union, these Terms shall be governed by the laws of England without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the courts of competent jurisdiction in England. For customers in Canada, these Terms shall be governed by the laws of the province of British Columbia Canada without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the courts of competent jurisdiction in the province of British Columbia Canada. To the extent allowed by the governing law, both parties agree to waive any right to jury proceedings.

17. Severability and Integration
This contract and any supplemental agreements, terms, policies, rules and guidelines posted on this Site or signed by you constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable US law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. Termination
We reserve the right to terminate your use of this Site if you violate the Terms or any rules or guidelines posted on the Site or for any other reason in our discretion.

19. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the DMCA instructions on how to contact us to report possible copyright infringement.

20. Dispute Resolution
In the European Union certain standard statutory rights may apply with respect to resolution of customer and merchant complaints as set out in the BlueSnap information page at https://home.bluesnap.com/ecommerce/legal/dispute-resolution/.

 

Previous Versions:

v3.1, June 6, 2016

v3, April 21, 2016