BLUE NOVA TECHNOLOGY LLC 2016 Terms of Service
Terms of Service
These Terms of Service (herein after, “Terms”) govern the access or use by you (your, users), an individual, from within the United States and its territories and possessions of Light-Life (Service(s)), Application, Software, Website (Site), Content, Products, and Technology made available in the United States and its territories and possessions by Blue Nova Technology, LLC (Blue Nova Technology, we, us, our). In these Terms, the words “including” and “include” mean “including, but not limited to.”
By clicking on the “I Agree” button, you are agreeing to be bound by the following Terms. Creation and use of an account for the Services (as defined below in the section under “General”) signifies your continuous agreement with these Terms. Your access and use of the Services, in addition to clicking “I Agree,” constitutes your agreement to be bound by these Terms, which establishes a legal agreement between you and Blue Nova Technology. If you are agreeing to these terms on behalf of a company, organization, or other legal entity, you warrant that you are authorized to do so. You understand that you may be required or asked for additional information, including proof of identification. If you do not agree with any of these Terms, you may not access or use the Services. Blue Nova Technology may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
Blue Nova Technology reserves the right to amend the Terms related to the Services from time to time. Amendments will be effective upon Blue Nova Technology’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by these Terms, as amended. It is your responsibility to check and read the Terms before using the Services. Blue Nova Technology reserves all rights not expressly granted in these Terms.
Your use of all our applications or any other Blue Nova Technology Product through a third-party distributor such as the Apple iTunes Store and Android Market is also governed by the applicable current end user license agreement which is made available through the third-party distributor with the understanding that if there is a conflict between any provision in these Terms and the end user license agreement, the conflicting provision in these Terms will prevail. Any use of third-party products provided in connection with the Site or Services will be governed by such third-parties’ licenses and not by these Terms.
You understand and agree to accept all responsibility for all activities that occur under your account and/or password. Blue Nova Technology will not be liable for any loss or damage arising from your failure to comply with these Terms.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, Content, Products and/or services through the Service.
The Services are a set of Applications that allow users to interact and arrange communications with venue personnel and other users. The Services requires the use of phone services, data network, beacons, and text format messaging. You acknowledge the Services that are available through your mobile device requires you to obtain the data network necessary to use the Services. You are responsible for using compatible hardware or devices necessary to access and use the Services and Application. You acknowledge that Blue Nova Technology does not provide, nor endorse, any foods, beverages, musical works, or recordings.
The Services further include a set of applications designed to create a closer connection between customers and business through payment transactions. Blue Nova Technology grants You permission (which may be revoked at any time for any reason or no reason) to use the Services and to view the Site, and to download, email, share via social networking or share individual pages from the Application or Site in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, Content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, Content, material, software, Products or Services obtained from the Application or Site, except as specifically noted above. Except as specifically authorized by Blue Nova Technology, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Application or Site or any information, Content, or material on the Site. You may not link or frame to any pages of the Services or any Content contained therein, whether in whole or in part, without prior written consent from Blue Nova Technology. You may like or follow Light-Life or share links to the Application or Site via social networking technology referenced on the Services. Any rights not expressly granted herein are reserved. Blue Nova Technology reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
You understand and acknowledge that the Software, Application, Technology, proprietary methods and systems used to provide the Services, including our Site, are subject to proprietary rights and intellectual property laws and are owned by Blue Nova Technology. Our Technology and proprietary methods may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You agree that you will not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or copy our Technology proprietary methods. Except as otherwise expressly permitted by these Terms, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of our Technology or Content is prohibited. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of our Technology or to obtain access to our Technology except as generally and ordinarily permitted through the Services according to these Terms. Certain names, logos, and other materials displayed on the Site or in the Service, including but not limited to “Light-Life,” constitute trademarks, trade names, service marks or logos (“Marks”) of Blue Nova Technology or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You understand and agree that you will not use the Services in connection with any activities prohibited by United States law.
To better serve the users, the Services are in continuous development and may change periodically without prior notice to you. Blue Nova Technology reserves the rights to modify or discontinue (temporarily or permanently) the Services or any portion thereof without prior notice.
Blue Nova Technology grants you permission to use the Services of the Application on your personal device in connection with your (i) use of the Services; (ii) download of the Application; (iii) email or share via social network individual pages from the Services, Site, or Applications. These rights may be revoked at any time for any or no reason. This License is for the purpose of allowing you to use the Services as provided by Blue Nova Technology in the manner permitted by these Terms. All rights, title, and interest in and to the Services are and will remain the exclusive property of Blue Nova Technology. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Blue Nova Technology, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You also grant Blue Nova Technology the right to use any facts, ideas, concepts, know-how or techniques (“Information”) contained in any communication you send to Blue Nova Technology for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing Products and Services. You grant all rights described in this paragraph in consideration of your use of the Service, without compensation of any sort to you. Blue Nova Technology does not claim ownership of Submissions submitted to or onto third-party services, including but not limited to social media platforms. Submissions to third-party services are not endorsed by Blue Nova Technology, and do not represent the views of Blue Nova Technology nor its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Blue Nova Technology does not control all Submissions, and disclaims any responsibility for such Submissions.
Blue Nova Technology specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions.
Restrictions on Use of the Services:
Blue Nova Technology reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames without liability to you. You may not post to third-party hosts that: (i) impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (ii) violates the rights of a third-party, including copyright, trademark, privacy, and publicity rights; (iii) is a direct and specific threat of violence to others; (iv) is furtherance of illegal activities; or (v) is harassing, abusive, or constitutes spam.
You understand and acknowledge that the Services are available “As Is” and “As Available” and that Blue Nova Technology makes no warranty on any information, Content, Products, or Services available through the Services or other affiliates. Blue Nova Technology does not represent or warrant that any other Content or information accessible via the Services is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner Subscribers, including but not limited to venues. Third-party venue’s prices, description, menu content, products/service availability, parking accessibility and restaurant information are subject to change without notice. Blue Nova Technology assumes no responsibility or liability for any errors or omissions in the Content of the Service.
Limitations of Liability:
In any event, Blue Nova Technology shall not be liable to you for (i) any direct, indirect, incidental, exemplary, special, consequential, or punitive damages or any loss including loss of data, service use, device use, goodwill or other intangible losses or damages resulting from your access to or use of or inability to access or use the Services; (ii) any conduct of any third-party through the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties; or (iii) unauthorized access, use or alteration of your transmissions on third-party hosts. In no event shall the aggregate liability of the Light-Life entities exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid Blue Nova Technology, if any, in the past six months for the services giving rise to the claim. Blue Nova Technology shall not be responsible and shall not be liable for any personal injuries, death, property damages, loss, theft, or expenses or damages resulting from yours or someone else’s consumption of alcoholic beverages or from any errors or negligence of the provider or retail seller of alcohol. Providers and retail sellers of alcoholic beverages are independent third-parties and are not agents, employees, partners, or joint ventures of Blue Nova Technology. You agree Blue Nova Technology is not liable for any loss or claim arising from any dealings you may have with third-parties while using or in connection with the Services.
These limitations shall apply to any theory of liability under statute, contract, tort, negligence, or otherwise. You and Blue Nova Technology agree that the limitations of liability in these Terms are fair and reasonable. If you do not agree with the Services or do not agree with the provisions of these Terms, do not use nor continue use of the Services.
You agree to indemnify and hold Blue Nova Technology, its officers, directors, employees, and agents harmless from any claim, demands, losses, costs, penalties, charges, damages, liabilities, and expenses, including attorneys’ fees arising out of or in connections with your use of the Services, your breach or violation of any of these Terms, or your violation of the rights of any third-party in connection with the use of the Services.
Applicable Law Jurisdiction:
The Services and Products are created and controlled by Blue Nova Technology. These Terms will be governed by the laws of the State of Illinois without regard to its conflict of law provisions of your state or country of residence. You agree that all claims or legal proceedings resulting from or in connection with these Terms or Services must be filed in a federal or state court located in Cook County within one (1) year of the time in which the events giving rise to such claim began or be forever barred. You consent to the jurisdiction of and venue in such courts and waive any objections as to inconvenient forum.
Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, You agree that any dispute as to the interpretation, enforcement, breach, or termination of this Agreement will be settled by binding arbitration in Cook County, Illinois under the Rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules. You further agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between you and Blue Nova Technology. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid. Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You further agree to pay and discharge all reasonable costs, attorney’s fees and expenses that may be incurred by Blue Nova Technology in connection with any arbitration or litigation instituted in connection with these Terms.
Termination of Service:
You may cancel your Light-Life member account at any time by contacting Blue Nova Technology at email@example.com. You agree that Blue Nova Technology, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, (i) in order to comply with applicable Law, (ii) if you provide any information that Blue Nova Technology determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Blue Nova Technology determines, in its sole discretion, that you are using your Light-Life member account in a manner not permitted by these Terms, or (iv) in other circumstances, as Blue Nova Technology deems appropriate in its sole discretion. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities.
Blue Nova Technology may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice, and further acknowledge and agree that Blue Nova Technology may immediately deactivate or delete your account and/or bar any further access to such files or the Service. Further, you agree that Blue Nova Technology will not be liable to you or any third-party for any termination of your access to the Service. Upon the termination or deactivation of an Account, Blue Nova Technology may retain all records, correspondence, transaction history and other information in its files, corporate records and/or archives.
If you have any questions regarding these Terms while using the Application, or have questions about our practices, please contact us at Info@BlueNovaTechnology.com