Agreement between Customer and Blue Skye Media and its subsidiaries.
WELCOME TO BLUE SKYE MEDIA. USING A THIRD-PARTY SOCIAL MEDIA MANAGEMENT SOFTWARE, BLUESKYEMEDIA.COM (THE “SITE”) HAS AGREED TO PERFORM SOCIAL MEDIA MANAGEMENT SERVICES FOR ITS CUSTOMERS’ SOCIAL MEDIA PLATFORMS. YOUR ENROLLMENT IN THIS SERVICE CONSTITUTES YOUR CONSENT TO ALL SUCH TERMS, PLEASE READ THESE TERMS CAREFULLY AND KEEP A COPY OF THEM FOR YOUR REFERENCE.
Terms of Service
The terms of this service will begin on the date of the Customer’s enrollment to Blue Skye Media’s Social Media Management Services (the “effective date”) and ending on the date of cancellation (the “contracted period”).
Using a third-party Social Media Management Software, the Customer hereby authorizes and gives full permission to Blue Skye Media and its subsidiaries to perform the following tasks on various social media sites for the Customer during the agreed-upon contracted period. These tasks include, but are not limited to:
- Managing the development of all social media platforms
- Assisting on best practices for leveraging social media technologies
- Creating posts, scheduling posts, and posting on all social media sites
- Development of tools and resources to measure success in using social media
As compensation for the Blue Skye Media’s Social Media Management Services, the Customer agrees to pay the monthly and/or yearly fee as agreed upon by the type of membership enrolled. Monthly payments are recurring monthly and deducted from the Customer’s account using the billing information provided by the Customer at the time of enrollment.
All materials given to us, like brochures, audio, videos, photos, etc. will only be used for the Customer’s promotional purposes. It will not be used for any other purposes in any shape or form, and will be deleted if and when required.
All information will be treated as confidential and proprietary in nature and will not be used by the Company for any other purposes besides using the materials to promote the Customer on their social media and digital platforms.
Except as otherwise provided by the Customer, Blue Skye Media’s Social Media Management Services will have full control over working time, methods, and decision making in relation to the provision of the Service. Blue Skye Media will work autonomously and not at the direction of the Customer. However, Blue Skye Media will be responsive to the reasonable needs and concerns of the Customer.
Visiting blueskyemedia.com or sending emails to Blue Skye Media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Blue Skye Media is not responsible for third party access to your account that results from theft of misappropriation of your account. Blue Skye Media and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
Blue Skye Media does not knowingly collect, either online or offline, personal information from person under the age of thirteen. If you are under 18, you may use blueskyemedia.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Blueskyemedia.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Blue Skye Media and Blue Skye Media is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blue Skye Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blue Skye Media of the site or any association with its operators.
Certain services made available via blueskyemedia.com are delivered by third party sites and organizations. By using any product, service of functionality originating from the blueskyemedia.com domain, you hereby acknowledge and consent that Blue Skye Media may share such information and data with any third party with whom Blue Skye Media has contractual relationship to provide the requested product, service or functionality on behalf of blueskyemedia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Blue Skye Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Blue Skye Media’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights of attributions notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Blue Skye Media and the copyright owner. You agree that you do not acquire any ownership rights in any protect content. We do not grant you any licenses, express or implied, to the intellectual property of Blue Skye Media or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software of other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto of have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letter; download any file posted by another use of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin of source of software of other material contained in a file that is uploaded; restrict or inhibit any other use from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Blue Skye Media has no obligations to monitor the Communications Services. However, Blue Skye Media reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Blue Skye Media reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Blue Skye Media reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to pose or to remove any information or materials, in whole or in part, in Blue Skye Media’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Blue Skye Media does not control or endorse the content, messages or information found in any Communication Service and, therefore, Blue Skye Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Blue Skye Media spokespersons, and their views do not necessarily reflect those of Blue Skye Media.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to blueskyemedia.com or Posted on Any Blue Skye Media Web Page
Blue Skye Media does not claim ownership of the materials you provide to blueskyemedia.com (including feedback and suggestions) or post, upload input or submit to Blue Skye Media Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Blue Skye Media, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Blue Skye Media is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Blue Skye Media’s sold discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Blue Skye Media from our office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Blue Skye Media Content accessed through blueskyemedia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Blue Skye Media, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Blue Skye Media reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blue Skye Media in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILBLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLUE SKYE MEDIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENT AND/OR CHANGES IN THE SITE AT ANY TIME.
BLUE SKYE MEDIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLUE SKYE MEDIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Blue Skye Media reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts of Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blue Skye Media as a result of this agreement or use of the Site. Blue Skye Media’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Blue Skye Media’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathers by Blue Skye Media with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in affect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Blue Skye Media with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Blue Skye Media with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
This Agreement will commence on the effective date and will continue through the contracted period. Customer may cancel this Agreement for any reason upon giving prior written notice to the Blue Skye Media specifying a cancellation date no sooner than thirty (30) days after such notice is delivered. Upon cancellation of this Service, Blue Skye Media will return to the Customer all property, documentation, records or confidential information which is the property of the Customer. To cancel your social media management service, please notify us at firstname.lastname@example.org.
Change of Terms
Blue Skye Media reserves the right, in its sole discretion, to change the Terms under which blueskyemedia.com is offered. The most current version of the Terms will supersede all previous versions. Blue Skye Media encourages you to periodically review the Terms to stay informed of our updates. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
Acceptance of Terms
By enrolling in the Social Media Management Services found at blueskyemedia.com, you are hereby giving permission and agreeing to all terms of this Consent. If you are not in agreement with our terms, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
How To Contact Us
Blue Skye Media welcomes your questions or comments, please feel free to contact us at the following email or telephone number.
Updated August 5, 2021