Effective September 14, 2020
Welcome to the Real Blue Sky, LLC website (“Site”). The services offered by Real Blue Sky, a Texas limited liability company (“Company,” “we” or “us”) include the Site, and any other features, content, or applications offered from time to time in connection with the Real Blue Sky Site (collectively, the “Services”).
Please read these Terms carefully before using the Services because they affect your rights. By using any Services, you accept these Terms and agree to be legally bound by them.
1. ACCEPTABLE USE
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
- Transmit any material that is patently offensive, inappropriate, profane, vulgar, false, misleading, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, hatred, terrorism, or criminal activity, or exploits people in a sexual or violent manner, or that we deem, in our sole discretion, to be otherwise objectionable; or
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices; or
- Post or transmit material containing destructive criticism about other learners or Users of Services or encouraging others to do so; or
- Solicit personal information from minors; or
- Threaten, defame, stalk, harass, abuse or harm other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability, or use any information obtained from the Services in order to threaten, defame, stalk, harass, abuse or harm another person; or
- Transmit files that contain viruses, spyware, adware, or other harmful code; or
- Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email); or
- Remove, modify, disable, block or otherwise impair any advertising in connection with the Services; or
Access the Services using any interface other than ours; or
- Maintain any link to the Services that we ask you to remove, in our sole discretion; or
- Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Company and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities); or
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services; or
- Transmit, collect, or access personally identifiable information about other Users without the consent of those Users and Company; or
- Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services or other Users; or
- Any automated use of the system, such as using scripts or bots to add friends or send comments or messages; or
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- Interfere with other Users of the Services or otherwise interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. This includes marking any message from the Company as spam. You may unsubscribe from Company emails at any time, for any reason, by following the instructions found using the unsubscribe link in any message or by contacting us via the Contact page; or
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
- Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another User’s account or information, or allow anyone else to use your account or access credentials, or otherwise attempt to impersonate another User; or
- Use the services in any manner inconsistent with any and all applicable laws and regulations.
If we deem in Company’s sole discretion that you violate this provision, Company may take any actions or seek any remedies permitted by law, including without limitation, removing the offending communication from the Services and terminating your access to the Services without notice. Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Company assumes no responsibility to monitor the Services for User Content posted that violates these Acceptable Use provisions. If at any time Company chooses, in its sole discretion, to monitor the Services, Company nonetheless assumes no responsibility for any User communication or Content. Company has no obligation to modify or remove any Content that violates these Acceptable Use provisions, and no responsibility for the conduct of any User submitting such Content.
User Content posted to the site may not be reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you post or transmit to other Users.
We may change these Terms from time to time, so we encourage you to review them periodically. If you do not agree with any changes to these Terms, your sole remedy is to not use the Services. If you continue to use the Services after we change these Terms, you accept all changes.
3. INTELLECTUAL PROPERTY
The text, graphics, logos, layouts, designs, audio and video materials, photographs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the United States and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Company, Company will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise using any of the Content, whether for profit or not. Except as expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means:
- download, stream capture, store in a database, archive or otherwise copy, modify, or prepare compilations of any part of the Services or Content; or
- upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display, translate, publish, transfer or perform any part of the Services or Content; or
- license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content.
In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including montages, translations, icons, wallpaper, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Company owns all rights, title, interest and ownership to all worldwide Intellectual Property Rights (as defined herein) in the Company Content independent of the medium. “Intellectual Property Rights” shall mean ideas, concepts, methodology, taxonomy, improvements, trade secrets, know-how, show-how, improvements, compilations, collective works, trademarks, service marks, sui generis database rights, moral rights, original works of authorship, copyrights, derivatives, renewal rights; including work based upon one or more preexisting works, such revisions, enhancements, modifications or translations, abridgement, condensation, expansion or any other form that a work may be recast, transformed, or adapted; and proprietary rights whether registered or unregistered. Company Content is also protected by U.S. and International Copyright Law. Company ownership of the Company Content includes all modifications, enhancements and derivatives thereof and all intellectual property rights therein. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Company without obtaining the express prior written consent of Company.
The marks of other companies are property of their respective owners and do not imply their endorsement of Company.
4. THIRD-PARTY CONTENT
You will defend, indemnify and hold harmless the Company, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Company Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including without limitation use of your account, whether or not authorized by you, and claims arising from User Content). Company retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 5 without Company’s prior express written approval.
6. DISCLAIMERS; LIMITATION OF LIABILITY
THE COMPANY PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE; OR (5) ANY BUSINESS PERFORMANCE OR RESULTS THAT YOU MAY OR MAY NOT ACHIEVE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT OR ANY OTHER FORCE MAJEURE EVENT.
THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFIT DAMAGES) IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES THAT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT A COMPANY EVENT, FROM ANY INFORMATION POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
7. GOVERNING LAW, VENUE, AND JURISDICTION
These Terms and all claims as between you and us arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of Texas, County of Denton. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state courts in Denton, Texas and federal courts in Dallas, Texas. Either Company or you may demand that any dispute between Company and you about or involving the Services be settled by arbitration using the dispute resolution procedures of the American Arbitration Association (AAA) in Denton, Texas. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
If we do not exercise or enforce any right or provision of the Terms, that shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law.
If you do not agree to these Terms, you should immediately stop using the Services.