Welcome to BlueMail
These Terms of Service (these “Terms”) explain how you can use the Blue Mail mobile apps, websites, services and software (collectively “Blue Mail”), provided by Blue Mail Inc. (“Blue”, “BlueMail”,“Blue Mail”, “Blue App”, “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access Blue Mail (“users”).
Using Blue Mail
Blue Mail is an app that helps you manage your email from your mobile device. When you add your Gmail, Yahoo, AOL, iCloud, Outlook.com, Exchange and other mail accounts, you authorize Blue Mail to securely access your messages using an authentication method called OAuth in which your passwords are never stored on our servers. In some cases when OAuth is not used we access you account directly and securely. Our servers securely store a subset of your messages temporarily: this lets us give you the fastest possible access to important messages, like new or deferred emails. Of course, you retain any ownership and intellectual property rights you have in the content in your email (see the Copyright section of these Terms for more detail).
When signing up for Blue Mail, you agree to provide accurate information. You also understand that you’re responsible for the activity in your Blue Mail and for safeguarding any passwords that you use. This goes without saying, but you‘re not allowed to access another user’s account without permission.
Lots of people rely on BlueMail, and we trust you to use BlueMail and our services responsibly – which means, for example, you agree not to interfere with BlueMail or our services or try to access them using a method other than the interface and the instructions that we provide. You agree not to:
- copy, distribute, or disclose any part of Blue Mail in any medium,
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of Blue Mail;
- plant malware or otherwise use Blue Mail to distribute malware;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- impersonate or misrepresent your affiliation with any person or entity;
- violate the law in any way, or to violate the privacy of others, or to defame others. (for example, sending illegal or defamatory emails with Blue Mail)
We may permanently or temporarily revoke or suspend your access to Blue Mail without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Who can use Blue Mail?
You can use Blue Mail only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Sorry kids – use of Blue Mail by anyone under 13 is strictly prohibited.
Your stuff is your stuff.
By using Blue Mail, you allow Blue Mail to help manage content, information, emails, and attachments in those emails (anything you upload, submit, or transmit through Blue Mail, collectively “your stuff”). You retain ownership of any intellectual property rights that you hold in your stuff. So, what belongs to you remains yours – we don’t own it. These Terms do not give us any rights to your stuff or intellectual property except for the rights we need to provide Blue Mail to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using Blue Mail, and you represent that your stuff is actually your stuff or that you have all necessary rights to use your stuff on or through Blue Mail.
We accept no responsibility for texts, content, images, data and/or information uploaded by you or other BlueMail users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from BlueMail. In particular, we give no guarantee that the content showed in BlueMail is true, fulfills any particular purpose or can serve any particular purpose.
If you notice or suspect any illegal or non-contractual use of BlueMail, you can report this to us at any time via this email address: firstname.lastname@example.org.
You have the option of uploading and sharing profile and group photos and/or pictures and, as indicated, other content in your personal profile and group profiles. These photos and/or pictures and/or other content may be shared and may be visible to users whether as part of BlueMail service and/or external email services. Before you upload any content, you must ensure that you are the owner of the exclusive usage rights of the content and that making the content publicly available is not against any laws, moral standards and/or the rights of third parties.
You may not upload any content depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content, photos or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to BlueMail if you have the consent of each person.
You, as well as we, can delete or replace pictures or other content of your personal or group profiles at any time. In particular, we are entitled to remove pictures or content without prior warning if and when there is good reason to believe that publishing them on BlueMail violates the law, moral standards and/or the rights of third parties.
Content and texts posted on BlueMail may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.
Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted.
You are not allowed to attack the operational capacity of BlueMail by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of BlueMail or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.
Our stuff is our stuff
We retain our rights title and interest in Blue Mail, and all that makes up Blue Mail, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Blue Mail for your personal, non-commercial use only (aka you can’t resell Blue Mail). Just like you retain ownership over your stuff, we reserve all rights not expressly granted in these Terms in Blue Mail and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to give us feedback or ideas about Blue Mail, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
You are responsible and liable for your stuff and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using Blue Mail.
We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
BlueMail Privacy and Security
Software from BlueMail: Some use of BlueMail requires you to download a client software package (“the app”). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access BlueMail. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of BlueMail or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).
Software from iTunes: You acknowledge and agree these Terms are solely between you and BlueMail, not Apple, and that Apple has no responsibility for BlueMail or the content sent or received using BlueMail. Your use of BlueMail must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Blue Mail services. If Blue Mail fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of Blue Mail to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Blue Mail, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Blue as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to Blue Mail or your possession and/or use of Blue Mail, including, but not limited to: (i) product liability claims; (ii) any claim that Blue Mail fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Blue as provider of the software. You acknowledge that, in the event of any third party claim that Blue Mail or your possession and use of Blue Mail infringes that third party’s intellectual property rights, Blue, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Blue acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of Blue Mail, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of Blue Mail against you as a third party beneficiary of the software.
Software from Google Play: You acknowledge and agree these Terms are solely between you and Blue, not Google, and that Google has no responsibility for Blue Mail or the content sent or received using Blue Mail. Your use of Blue Mail must comply with the Google Play Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support Blue Mail services. If Blue Mail fails to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price of Blue Mail to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to Blue Mail, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Blue as provider of the software. You acknowledge that Google is not responsible for addressing any claims of you or any third party relating to Blue Mail or your possession and/or use of Blue Mail, including, but not limited to: (i) product liability claims; (ii) any claim that Blue Mail fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Blue as provider of the software. You acknowledge that, in the event of any third party claim that Blue Mail or your possession and use of Blue Mail infringes that third party’s intellectual property rights, Blue, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Blue acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of Blue Mail, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right to enforce these Terms as relates to your license of Blue Mail against you as a third party beneficiary of the software.
You further agree to abide by any third-party terms that apply when posting reviews of Blue Mail, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting Blue Mail usernames in app store reviews is strictly prohibited and may result in the deletion of your Blue Mail account.
App Updates: From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Blue and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Modifying and Terminating Service
We are constantly changing and improving Blue Mail. We may add or remove features, and while we will do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Blue Mail at any time without prior notice. We may also remove content from Blue Mail at our discretion.
Miscellaneous Legal Terms
Below are some explicit definitions of legal terms:
You agree to defend, indemnify and hold harmless Blue and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Blue Mail, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of Blue Mail with your unique username, password or other appropriate security code.
We promise to provide you with a great service, but we can’t promise everything. Blue Mail is provided on an “as-is” and “as available” basis. Use of Blue Mail and the software is at your own risk. To the maximum extent permitted by applicable law, Blue Mail and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Blue and its licensors, do not warrant that the content is accurate, reliable or correct; that Blue Mail or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Blue Mail or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Blue Mail is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.
Limitation of Liability
To the maximum extent permitted by law, in no event will Blue, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Blue has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to Blue for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Blue Mail is controlled and operated from facilities in the United States. Blue makes no representations that Blue Mail is appropriate or available for use in other locations. Those who access or use Blue Mail from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Notification Procedures and Changes to these Terms
Blue may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Blue in our sole discretion. Blue reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Blue is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Blue may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Blue Mail after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) Blue Mail.
Governing Law and Arbitration.
Governing Law: These Terms and the use of Blue Mail services and software will be governed by California law except for its conflicts of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration: For any dispute with Blue, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Blue has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Blue claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in London, United Kingdom, unless you and Blue agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Blue are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and Blue with respect to Blue Mail, and supersede and replace any other agreements, terms and conditions applicable to Blue Mail. These Terms create no third party beneficiary rights. Blue’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Blue without restriction. Blue and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us firstname.lastname@example.org with any questions regarding these Terms.
Last Modified: February 3, 2016