Your use of the services (the “Services”) provided on www.blissbook.com or a related website (the “Website”) is subject to the terms of a legal agreement between you and Rocket Whale Products, LLC, a Delaware limited liability corporation ( “Blissbook”). Unless otherwise agreed in writing with Blissbook, your agreement with us includes the terms and conditions set out in this document and the terms of any legal notices applicable to the Services which we may make available to you (collectively, the “Terms”). In these Terms, “you” or “your” means any person or entity using the Services. Unless otherwise stated, “we,” “us” or “our” will refer collectively to Blissbook and its subsidiaries, affiliates, directors, officers, stockholders, employees, agents and contractors. Please read these Terms carefully before using the Services.
Accepting these Terms
In order to make use of the Services or access the Website, you must first agree to these Terms. We will treat your browsing of the Website or use of the Services as acceptances of these Terms. Do not use the Services or access the Website if you do not agree to these Terms. We may revise and update these Terms at any time without notice by posting such revised or updated Terms on this Website. Any changes to these Terms will become effective upon posting such revisions or updates. Your continued usage of the Services or access of the Website will mean that you accept the then-current Terms at the time of such usage or access, as the case may be.
You may not use the Services or access the Website and may not accept these Terms if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving the Services or accessing the Website under the laws of the United States or other countries including the country in which you reside or from which you use the Services and/or access the Website.
These Terms shall also apply to your use of any reports, forms, applications, data, documents or other materials available via the Website or the Services.
Privacy and your Personal Information; Confidentiality
You acknowledge that the Website and the Services and information provided by Blissbook (other than Content that is provided by third parties) to you represent confidential information of Blissbook and you agree to (i) hold such information in confidence, applying commercially reasonable measures but never less than a reasonable standard of care, (ii) not, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer such information to any third party, and (iii) not make use of such information other than for the permitted purposes under these Terms. Further, to the extent that you are accessing the Services through a Client, such information is also subject to the confidentiality protections set forth in the Services Agreement. Notwithstanding the foregoing, these Terms do not prevent you from demonstrating the Website or Services to a potential user or client of Blissbook, as long as such demonstration does not otherwise violate these Terms.
Use of Services
To use the Website or the Services, you may be required to provide information about yourself as part of the user/registration process for the Website and Services. You agree that, (a) any registration/user-related information you give to Blissbook will be accurate, correct, and current, (b) you are responsible for maintaining the confidentiality of user names and passwords associated with any account you use to access the Website or the Services, (c) you will be responsible to us for all activities that occur under your account and/or user name, and (d) if you become aware of any unauthorized use of your account, user name and/or password, you agree to notify us immediately.
We authorize you, and you agree, to use the Website and the Services solely for purposes permitted in these Terms, any applicable laws or regulations and the Services Agreement (if applicable). The Website and the Services may be used only for lawful purposes.
The Website and the Services are protected under United States and foreign copyright, trademark (and other) laws. Unauthorized use of the Website or the Services may violate these laws, and is strictly prohibited. You acknowledge and agree that Blissbook (or our licensors) own all legal right, title and interest in and to the Website and the Services, including any intellectual property rights related thereto. You agree, (a) not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website or the Services and (b) not to sell, reproduce, display, publicly perform, distribute, or otherwise use the Website or the Services in any other manner that is likely to cause confusion among consumers, that disparages or discredits Blissbook or its licensors, that dilutes the strength of our or our licensors’ property, or that otherwise infringes our or our licensors’ intellectual property rights.
Unless you have agreed otherwise in a separate written agreement with us, in addition to any restrictions or limitations on use set forth in the Services Agreement as applicable, you agree not to (a) access (or attempt to access) the Website or any of the Services by any means other than through the user interface that is provided by us, (b) use any of our trade names, trademarks, service marks, logos, domain names, or brands, or (c) sell, resell, reproduce, duplicate, copy, transfer or trade the Website, the Services or information provided by Blissbook (other than Content that is provided by third parties) for any purpose.
Except as otherwise set forth herein, Blissbook specifically prohibits any other use of the Website or the Services, and you agree not to do any of the following: (i) use the Services or the Website for any purpose other than their intended purpose, (ii) knowingly take any action that imposes an unreasonable or disproportionately large load on the Services’ or the Website’s infrastructure, (iii) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the content of the Services or the Website, (iv) aggregate, copy or duplicate in any manner any of the Content or information available from the Services or the Website, without express written consent from Blissbook, or (v) frame or link to any content or information available from the Services or the Website.
You are also prohibited from violating or attempting to violate the security of the Website or the Services, including without limitation, the following activities: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from Blissbook, (3) attempting to interfere with service to any other user of the Website or the Services including, without limitation, via means of submitting a virus to our websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (5) taking any action in order to obtain Services to which you are not entitled, or (6) using the Website or the Services to create, transmit, distribute, or store material that (A) violates the intellectual property rights of third parties, (B) violates the privacy, publicity, or other personal rights of third parties, (C) impairs the privacy of communications of any party, or (D) assists or permits any persons in engaging in any of the activities described above. Violations of system or network security may result in civil and/or criminal liability.
You may incur charges incidental to using the Services or accessing the Website, for example, charges for Internet access, international and/or long distance phone service, text messaging, or other data transmission. You are responsible for the payment of any and all such charges.
Content; Reliance on Content; Linking
You understand that all information, data, text, documents, software, graphics, video, advertisements, messages, files, third party links or other materials which you may have access to as part of the Services (the “Content”) are the sole responsibility of the person from which such Content originated, including without limitation any and all data, forms, applications and documents from third party sources. We do not guarantee that any such material provided obtained from third parties is current, complete, accurate or truthful or that such third party has the requisite permissions and authorizations to upload such Content.
Reliance on Content
You acknowledge that any reliance on such material will be at your own risk. Further, you acknowledge and agree that we are not responsible for any decisions you make based upon Content and the Services, including but not limited to decisions based upon your use of reports, data, documents or other information made available via the Services or the Website.
The Website may provide a link to other sites by allowing the user to leave the Website or the Services to access third-party material or by bringing the third-party material into the Services or the Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no ability or discretion to alter, update, or control the content on a Linked Site. You acknowledge and agree that Blissbook is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such Linked Site. The fact that we have provided Linked Site is not an endorsement or sponsorship of such site, its owners or its providers. You acknowledge and agree that Blissbook is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Linked Site. There are inherent risks in relying upon using or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each website’s privacy and other policies and terms of service, and to contact that website’s webmaster or site administrator with any concerns.
We prohibit caching unauthorized hypertext links to the Website and the framing of any Content available through the Services or via the Website. We reserve the right to disable any unauthorized links or frames, and specifically disclaim any responsibility for the content available on any other Internet sites linked to the Website. You may not create a link to the Website without our express written permission.
Blissbook, or its applicable licensor, owns and shall retain all right, title and interest in and to the Services, all related Intellectual Property Rights and all Proprietary Information of Blissbook, including, without limitation, all applicable software, source and object code, specifications, designs, processes, techniques, concepts, improvements, discoveries and inventions, including, without limitation, any modifications, improvements or derivative works thereof, and all works of authorship created, invented, reduced to practice, authored, developed, or delivered by Blissbook or any third party, either solely or jointly with others, arising from this Services Agreement, including, without limitation, all copies and portions thereto, whether made by or under the direction of Blissbook or Client. For avoidance of doubt, Blissbook IP also includes any suggestions, ideas, enhancements, feedback or other information provided by Client or any of its users related to the Services.
Client Ownership; Client-Provided Material
Client owns and shall retain all right, title and interest in and to the Client’s stored data, Client Data and content or materials provided by Client to Blissbook in order for Blissbook to produce the Handbook and provide the Services, and other Proprietary Information of Client and all Intellectual Property Rights related thereto (the “Client IP”). Client represents and warrants to Blissbook that Client is the owner of, or has the right to authorize Blissbook to utilize, the Client IP as necessary for Blissbook to perform development or performance obligations under this Agreement, and to its knowledge, the use of such materials as authorized does not and will not infringe any existing copyright, trade secret or other contractual or confidentiality right of any third party. Nothing in the Client IP will be obscene, indecent, racist, defamatory or otherwise actionable under any law.
Aggregation; Rights of Use
Client acknowledges that Blissbook may compile aggregate data related to Client’s and their users’ usage of the Services, and that Blissbook may disclose such aggregate data to third parties. Further, Client acknowledges and agrees that Blissbook has sole and exclusive rights to obtain, sell, aggregate, analyze and utilize the Client Data (including associated Intellectual Property Rights) as necessary for its performance hereunder and at any time for its business purposes; provided, that Blissbook (a) shall not use such Client Data in violation of Client’s right to use the Client Data or (b) sell or otherwise provide non-aggregated Client Data to any third party unless in connection with a merger; sale of substantially all of the assets or stock of Blissbook or similar transaction; or with approval from Client provided in writing or through the use of the Services by a Client administrator.
These Terms will continue to apply until terminated by either you, the Client or Blissbook as set forth below or pursuant to the Services Agreement (if applicable); provided, however that these Terms will continue to apply after such termination (A) with respect to any Content you have downloaded from the Website or via the Services, (B) with respect to any other legal rights, obligations and liabilities that you have been subject to (or which have accrued over time while these Terms have been in force) or which by their nature, or as expressed herein, continue after termination or (C) as set forth in the Services Agreement (if applicable). The “Jurisdiction” section below shall continue to apply to all such rights, obligations and liabilities indefinitely.
You may cancel your legal agreement with us at any time by (a) notifying Blissbook in writing, and (b) ceasing to use the Services and access the Website. At such time as you, the Client or Blissbook terminates these Terms or the Services Agreement (if applicable), your login credentials will be de-activated. In addition to any termination rights set forth in the Services Agreement (if applicable), Blissbook may terminate its legal agreement with you if (i) you have breached any provision of these Terms (or have acted in manner which demonstrates, in our sole discretion, that you do not intend to, or are unable to comply with these Terms), (ii) Blissbook is required to do so by law (for example, where the provision of the Services to, or access to the Website by, you is, or becomes, unlawful), (iii) the Client to whom we offered access to the Website or use of the Services for your use has terminated its relationship with us or ceased to offer the Services or access to the Website to you, (iv) Blissbook is transitioning to no longer providing the Services or the Website to users in the country in which you reside or from which you use the Services or access the Website, or (v) the provision of the Services or access to the Website to you by Blissbook is, in our opinion, no longer commercially viable.
THE SERVICES, ITS CONTENT AND ANY OTHER INFORMATION PROVIDED VIA THE SERVICES OR WEBSITE ARE PROVIDED “AS IS” AND BLISSBOOK, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES WEBSITE, DATA, REPORTS, FORMS, APPLICATIONS OR OTHER DOCUMENTS OR MATERIALS PROVIDED VIA THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; (B) THAT ACCESS TO THE SERVICES, THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) THAT THE USE OF, OR THE RESULTS FROM THE USE OF, THE SERVICES OR THE CONTENT WILL BE CURRENT, CORRECT, COMPLETE, ACCURATE, RELIABLE OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. YOU (AND NOT BLISSBOOK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER OR DEVICE MALFUNCTION, VIRUSES OR OTHER ISSUES THAT MAY ARISE FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA VIA THE SERVICES OR THE WEBSITE. IN ADDITION, BLISSBOOK IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITIES WITH RESPECT TO CLAIMS ARISING FROM OR RELATED TO YOUR OR CLIENT’S NON-COMPLIANCE WITH FEDERAL AND STATE LAW, IT BEING EXPLICITLY AGREED TO AND UNDERSTOOD BY YOU THAT BLISSBOOK IS NOT PROVIDING LEGAL ADVICE OR LEGALLY COMPLIANT LANGUAGE OR CONTENT VIA THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SOME OF THE IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Subject to the warranty provisions above, neither Blissbook, nor its subsidiaries, affiliates, or licensors, shall be responsible or liable to you for any direct, indirect, incidental, special consequential or exemplary damages of any kind which may be incurred by you, however caused and under any theory of liability, including, without limitation, lost business or profits, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss that may result from your use of the Services or the Website. The limitations on our liability to you shall apply whether or not Blissbook has been advised or should have been aware of the possibility of any such losses arising. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, THEREFORE, THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW. The disclaimers and limitations of liability set forth above are fundamental elements of the basis of this agreement between Blissbook and you. We would not be able to provide the Website, Services and the Content on an economically acceptable basis without such limitations.
In the event that you use the Website Content or Services, or any portion thereof, in any manner not authorized by us, or if you otherwise infringe any intellectual property rights or any other rights relating to other users or third parties, you agree to indemnify and hold Blissbook, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including attorneys’ fees, incurred by them as a result of unauthorized use of the Services and/or your breach or alleged breach of these Terms.
Blissbook makes no representation that the Website or the Services are appropriate or available for use in locations outside the United States. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms, shall be settled by binding arbitration in the Metro Atlanta area of Georgia, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules. The parties hereto hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any party against another on any matter whatsoever relating to, resulting from, arising out of, or in any way connected with these Terms, or any amendment or breach hereof, including, without limitation, any claim or injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
You agree that the following will not be subject to arbitration: (a) any dispute over the validity of any party’s intellectual property rights, and (b) any dispute related to or arising from allegations associated with unauthorized or prohibited use of the Services or the Website.
We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Services or via the Website if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:Rocket Whale Products, LLC
Attention: Tom O’Dea
RE: DMCA Notice
1442 Miller Avenue, Atlanta, Georgia 30307
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement, (b) description of the infringing material and information sufficient to permit us to locate the alleged material, (c) contact information for you, including your address, telephone number and/or e-mail address, (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
The Terms, and your relationship with Blissbook under these Terms, shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. Subject to the arbitration provision set forth above, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the local, state, or federal courts located in the Metro Atlanta area of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, you agree that Blissbook shall be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
We appreciate any feedback or comments regarding our Website, including the Services available thereby. Any such feedback may be submitted to us via email at . Upon receipt, please note that such information will be considered non-confidential and shall become our property; therefore, by transmitting such information to us, you hereby assign all right, title and interest in and to such information at no cost, and acknowledge that we will be free to use such information as we see fit.
To the extent you are accessing the Services through a Client pursuant to a Services Agreement, then in the event of a direct conflict between these Terms and the Services Agreement, the terms of such Services Agreement shall control.