Terms of USE
PLEASE READ THESE TERMS OF USE CAREFULLY. If you disagree with any part of these Terms of Use, please refrain from using our Site. We may update these Terms of Use from time to time and may condition your continued use of our Site on your agreeing to those revised terms.
The terms “Superblue”, “us”, “our” or “we” refers to Superblue Holdings, PBC, a Delaware corporation, the owner of this Site. The term “you” refers to you, as a User of our Site.
By continuing to browse or use this website or any mobile application or services made available through superblue.com (collectively, the “Site”), you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms of Use” or “Terms”), which, together with our Privacy Policy, govern Superblue’s relationship with you in relation to the Site.
1. The Site
1.1. Eligibility. To access or use the Site, you must be 16 years or older and have the power and authority to enter into these Terms. If you are 16 or older, but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 16, then you agree to and accept full responsibility for that child’s use the Site, including all financial charges and legal liability that they may incur.
1.2. Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.
1.3.Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2. General Terms
2.1. Privacy Policy. We care about your privacy. Our Privacy Policy is a part of these Terms of Use and incorporated herein by reference.
2.2. Responsibility for Your User Information. You may be required to provide certain information about yourself in order to use some of the features that are offered through the Site. We ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), subscribe to emails for anyone other than yourself or provide an email address other than your own.
2.3. Your Information Is Accurate. You represent and warrant to us that any information you provide to Superblue, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you use the Site or subscribe to our newsletters.
2.4. Communications from Superblue. By providing your information and/or subscribing to our newsletters, you agree to receive communications we, our partners and service providers send in connection with the Site. For example, you may receive occasional updates about special promotions and events. Such communications may be sent by email, text message or other means. You can unsubscribe from receiving communications from Superblue by clicking “unsubscribe” at bottom of any Superblue newsletter, or by emailing info@superblue.com. We reserve the right to communicate with you about any important administrative issues relating to the Site or your subscription (including technical, security-related, privacy and functional issues).
2.5. Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier).
3. Content
3.1. General. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site. “Superblue Content” means Content that we create and make available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content and Superblue Content.
3.2. Your Content. You retain all of your ownership rights in Your Content. However, by submitting Your Content to Superblue, you hereby grant Superblue a worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, modify, translate, broadcast, download, display, copy and perform Your Content in connection with Superblue’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in all media now known or hereafter devised, including in advertising and promotion. You irrevocably waive, and cause to be waived, against Superblue any claims and assertions of moral rights or attribution with respect to Your Content.
3.3. Superblue Content. We own the Superblue Content, including but not limited to visual interfaces, interactive features, graphics, design, computer code, products, software, and all other elements and components of the Site, including, to the extent possible under applicable law, all images and videos featured on the Site, excluding Your Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Superblue Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, scrape, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Superblue Content in whole or in part except as expressly authorized by us.
3.4. Trademarks. “Superblue” and all other names, phrases, logos, and icons identifying Superblue and its programs, products, and services, whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks of Superblue and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Superblue is strictly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Superblue or any third party.
4. Usage
4.1. Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
- Violate these Terms of Use;
- Reverse engineer any portion of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
4.2. Termination of Use; Discontinuation and Modification of the Service. We may suspend or terminate your access to the Site at any time, with or without notice, if you violate any of these Terms, as determined in our sole discretion. We also reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. Upon termination of your access to or use of the Site, you will lose all accumulated points and future rewards.
5. Feedback
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) we may have something similar to the Feedback already under consideration or in development or may adopt a solution or action sometime in the future that is similar to your Feedback. For clarity, to the extent Feedback is protectable under U.S. law, Feedback is Your Content.
6. Third Parties
6.1. Linked Sites. The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Superblue does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Superblue makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
7. Warranty Disclaimer
7.1. NO WARRANTY. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. SUPBLUE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, SUPERBLUE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
7.2. Third Parties. SUPERBLUE IS NOT AN AGENT OF ANY THIRD-PARTY PROVIDER. SUPERBLUE MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY BUSINESSES OR ADVERTISER LISTED ON THE SITE. ACCORDINGLY, SUPERBLUE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION.
7.3. Disclaimer of Warranties. SUPERBLUE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF SUPERBLUE SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, SUPERBLUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
7.4. Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
7.5. Disclaimer. SUPERBLUE DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
8. Limitation of Liability
8.1. No Liability. Neither Superblue nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Site or Content. If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of our Site or Content shall be limited to $100.
8.2. Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
9. Indemnification
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of our Site or Superblue Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
10. Disputes
10.1. Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Superblue arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Site, Superblue advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of New York, without regard to its conflicts of laws rules. Subject to Section 10.2, the state and federal courts in New York County, New York shall have exclusive jurisdiction over any Claim (as defined below).
10.2. Binding Arbitration – Class Action Waiver. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Superblue, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Superblue”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Site, Superblue’s advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect, or any other established alternative dispute resolution provider mutually agreed upon by you and Superblue. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between you and Superblue. Neither you nor Superblue shall be entitled to join or consolidate Claims by or against other users or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and Superblue and may be entered as a judgment in any court of competent jurisdiction. You and Superblue shall pay your and its own costs and attorneys’ fees. However, if you or Superblue prevails on a statutory Claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in New York County, New York.
10.3. Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.
11. Miscellaneous
11.1. Modification of Terms. These terms may be modified by Superblue from time to time in its sole discretion.
11.2. Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
11.3. Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
11.4. Waiver. Any failure on Superblue’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
11.5. Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
11.6. Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Superblue’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
11.7. Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
11.8. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834.
11.9. Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to Superblue, and, with respect to you, to the email address you provide to Superblue during the signup process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. Notices to Superblue concerning these Terms should be sent to:
