Terms of Service

The following terms and conditions govern all use of the bluskus.com website and all content, services and products available at or through the website (taken together, the Website). The Website (Blu Skus) is owned and operated by Chimney Rock Management, LLC (“Chimney Rock Software”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Blue Skus’s Privacy Policy) and procedures that may be published from time to time on this Site by Blue Skus (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Blue Skus, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Your bluskus.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Blue Skus of any unauthorized uses of your account, your account or any other breaches of security. Blue Skus will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Blue Skus has the right (though not the obligation) to, in Blue Skus’s sole discretion (i) refuse or remove any content that, in Blue Skus’s reasonable opinion, violates any Blue Skus policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Blue Skus’s sole discretion. Blue Skus will have no obligation to provide a refund of any amounts previously paid. Payment and Renewal. General Terms. By selecting a product or service, you agree to pay Blue Skus the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. Refunds Plugins

Refunds

Online services on bluskus.com are NOT fully refundable. These services are excluded from the plugin refund policy found on chimneyrockmgt.com since our service on bluskus.com IS NOT A PLUGIN. If you choose to cancel your subscription, your access to the service will be removed immediately and you will not receive a refund.

Services. Fees; Payment.

By signing up for a Services account you agree to pay Blue Skus the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Blue Skus reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Blue Skus or by managing your subscription yourself.

POS Fees

By signing up the POS service to accept credit cards through Stripe, you agree to pay Bluskus applicable fees. The fees are calculated by a fee for each charge plus a percentage of the total order value. The fees are listed on the product information page.

You may also sign up to accept Cash and Check payments from your customers. If you have signed up for this service, you agree to pay Bluskus any applicable service fees. Currently these fees are the same as accepting Credit Cards through Stripe as described above.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which bluskus.com links, and that link to bluskus.com. Blue Skus does not have any control over those non-Blue Skus websites and webpages, and is not responsible for their contents or their use. By linking to a non-Blue Skus website or webpage, Blue Skus does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Blue Skus disclaims any responsibility for any harm resulting from your use of non-Blue Skus websites and webpages.

Illegal Activity

No illegal activity of any type will be permitted on the site. Your account will be terminated immediately if we detect any illegal activity.

Adult Content Policy

All Bluskus services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or applicable US law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be inappropriate, threatening, obscene, or of adult content. It also applies to material protected by trade secret and other statute.

Adult content, pornography and sex-related merchandising are prohibited on Chimney Rock Management, LLC dba Bluskus.

Chimney Rock Management, LLC dba Bluskus reserves the right to decide what it considers “adult content” or sexually explicit.

Chimney Rock Management, LLC dba Bluskus reserves the right to review or revise this policy at any time without notice.

Copyright Infringement and DMCA Policy

As Blue Skus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bluskus.com violates your copyright, you are encouraged to notify Blue Skus in accordance with Blue Skus’s Digital Millennium Copyright Act (“DMCA”) Policy. Blue Skus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Blue Skus will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Blue Skus or others. In the case of such termination, Blue Skus will have no obligation to provide a refund of any amounts previously paid to Blue Skus.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Limited Right to Use The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Intellectual Property

This Agreement does not transfer from Blue Skus to you any Blue Skus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Blue Skus. Blue Skus, bluskus.com, the bluskus.com logo, and all other trademarks, service marks, graphics and logos used in connection with bluskus.com, or the Website are trademarks or registered trademarks of Blue Skus or Blue Skus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Blue Skus or third-party trademarks. Advertisements. Blue Skus reserves the right to display advertisements on your account unless you have purchased an ad-free account. Attribution. Blue Skus reserves the right to display attribution links such as ‘account at bluskus.com,’ theme author, and font attribution in your account footer or toolbar.

Partner Products

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Changes

Blue Skus reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Blue Skus may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Blue Skus may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bluskus.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Blue Skus if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Blue Skus’s notice to you thereof; provided that, Blue Skus can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website and all purchased software or services is provided “as is”. Blue Skus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blue Skus nor its suppliers and licensors, makes any warranty that the Website, software, or services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Blue Skus, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blue Skus under this agreement during the twelve (12) month period prior to the cause of action. Blue Skus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied in respect of the Blue Skus and you use at your own risk.You agree that neither we or our Associates shall be liable for any Losses which you may sustain however arising and whatever the cause, in particular pursuant to your or any 3rd Party’s use of, access to and/or interference with Blue Skus.You also agree that our liability to you pursuant to these Use Terms shall furthermore be limited to the total amount of the fees you paid for your Blue Skus.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Blue Skus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Blue Skus, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, software, or services, including but not limited to your violation of this Agreement.

Blue Skus disclaims any responsibility for any harm resulting from the use of the Website

Miscellaneous

Blue Skus has not reviewed, and cannot review, all of the material, including computer software used in conjuction with the service, and cannot therefore be responsible for that material’s content, use or effects. Blue Skus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated

This Agreement constitutes the entire agreement between Blue Skus and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Blue Skus, or by the posting by Blue Skus of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blue Skus may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.