Last modified on March 2, 2013.
Thank you for choosing Schultz Studio, Pllc (“SS, RebelLaunch, provider, us, we, or our”). Through www.RebelLaunch.com (the “Website, or Site”) Provider collects information of registrants in order to provide services that include, but are not limited to, building mobile websites, building traditional websites, conducting marketing analyses, and providing Internet marketing services. Using our Website or any related websites, services, products, applications, or distribution channels is subject to assent to all of the Terms of Service (the “Terms, or Agreement”) here. By accessing our Website or using our Services the User (“users, you, or your”) agree to be bound by these Terms and by this Agreement. Please read these Terms of Service carefully. Provider may change these Terms at any time by posting a notice of the changes on www.RebelLaunch.com. You may be subject to additional terms of service or guidelines when using specific Services, and your use of those services is subject to acceptance of those terms. If you do not agree to these terms, please do not use the Website or Service. Use of this Website or our Services is void where prohibited and may not be accessed or used by minors.
RebelLaunch.com provides a service to build websites, social media pages, mobile websites, utilizing either original designs or content from existing Internet websites. Our Services may be used for business or personal websites. To register to use or have created, a website, social media page, or mobile website from us you are required to fill out a digital form requesting your contact and other information. By filling out the form you warrant that (i) you are eligible to enter into this Agreement for yourself or on behalf of an organization on whose behalf you are authorized to enter into legal agreements , (ii) you are providing accurate, current, and complete information, (iii) you are not a minor or prohibited by law to enter into this Agreement, and (iv) you have legal rights to publish a mobile version of all Content, including but not limited to pictures, text, logos, and other copyrightable material, that you are requesting be used in a mobile site. By submitting www.RebelLaunch.com the name of a website to be built into a website, you are granting us license for the entirety of the time you remain a customer of ours to modify, reformat, reproduce, and publish all Content for the purpose of building you a website, social media page, mobile website. We reserve the right to remove any Content that is made available in website, social media page, mobile website built by us.
4. User Rules of Conduct
Users may access the website, social media page, mobile website and Services for the intended purposes only. In connection with your use of the Site and the Service, users agree to abide by all applicable local, state, national, and international laws in accordance with use of the Website and Services and will not violate or infringe any rights (including but not limited to copyrights and trademark rights) of us any other party, or operations, security, or Services. You shall not:
- impersonate any other party or person;
- use the Website or Services or any Site Content to publish, promote contribute to, or in any way make available any material that is inappropriate, illegal, fraudulent, libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic, that includes material for copyrighted work without consent in writing from the copyright owner, that infringes on any copyright or any other right of a third party, that includes spam or junk email or any unsolicited messages, or that contains malicious code or files or software viruses;
- harass, defame, abuse, or threaten any other user of the Website or Services;
- harvest or otherwise collect information about others obtained through the Website or Service (including but not limited to email addresses), without the prior written consent of the holder of the appropriate rights to such information;
- fail to deliver payment of fees for Services in a timely manner;
- interfere with use or access of the website or Services by others or engage others in any way that restricts any other person’s enjoyment of the site;
- access or attempt to gain unauthorized access to Bloom’s computer systems;
- use any non-automated or automated means, including any robot, spider, crawler, routine, subroutine, or manual process, data mining tool or the like to harvest or collect any non-public or information from www.bloommobile.net;
- use any the Website, Content, or Services in any way than their intended purposes, subject to and conditional upon the Terms of Service
- use this Site or any Services or Content or send us any information about yourself if you are under the age of 13.
Provider is in no way responsible and have no liability to users or any other party for the performance or non-performance of any of the activities in this User Rules of Conduct section.
6. Proprietary rights
By accessing the Website or using the Services, you acknowledge that all Content and Services, including but not limited to trademarks, logos, text, and images are proprietary to Provider or third parties and are protected by copyrights. We or our licensors reserve all rights to the Content. Provider authorizes you to use the Content only in connection with authorized use of the Services in accordance with the Terms. By using our Services you hereby agree that Provider may at our sole discretion reference or display the website, social media page, mobile website it creates for you in promotional materials at any time. However you may opt out of this requirement by requesting in writing that Provider not use your website, social media page, mobile website for promotional purposes.
7. Links to other websites
The RebelLaunch Website contains links to third-party websites that are offered as a convenience to you. The links may be added to, deleted, or otherwise changed from time to time. If you visit any third-party websites through links provided on this Site, you do so at your own risk, and Provider does not endorse, approve, review, or make warrant or representation of any information contained on those sites. These sites are owned and operated by third parties, and we will in no event be responsible for content on such websites or transmissions you receive from such websites, nor for any dissatisfaction you may receive from their website, products, or services. We urge you to read the privacy policies and terms of conditions of any website you visit through links provided on the RebelLaunch Website.
8. Feedback submissions to us
We welcome any feedback from you about our website, social media page, mobile website and service. Any submissions you provide to us, including but not limited to feedback, suggestions, comments, emails, or ideas will be deemed and the sole property of Provider, in perpetuity, and we will be entitled to unrestricted use of such submissions, and the submissions will not be considered confidential or proprietary in nature. You authorize us to use any feedback for our needs at our sole discretion. You hereby assign and agree to assign all rights, title and interest you have in such submissions and ideas to us and you irrevocably and unconditionally waive and covenant not to assert any of such rights against Provider or its affiliates, successors, employees, directors, and agents.
9. Warranty Disclaimers and Limitations of Liability
The Website, Services, and Site content are all offered on an “as-is” basis and PROVIDER MAKES NO MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE WEBSITE, SOCIAL MEDIA PAGE, MOBILE WEBSITE SERVICES AND WEBSITE, SOCIAL MEDIA PAGE, MOBILE WEBSITE OR ITS AVAILABILITY, OR SITE CONTENT AND PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE WEBSITE, SOCIAL MEDIA PAGE, MOBILE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Provider through the our Service the WEBSITE, SOCIAL MEDIA PAGE, MOBILE WEBSITE will create any warranty not expressly stated herein.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM PROVIDER ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE, INJURY, LOSS OF LIFE, ACT OF GOD, OR ACCIDENT), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE (FOR ANY REASON AT ALL) THE WEBSITE, SOCIAL MEDIA PAGE, MOBILE WEBSITE OR SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY INACCURACIES OR ERRORS, EVEN IF PROVIDER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THIS LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY IS FOR ANY REASON UNENFORCEABLE IN YOUR JURISDICTION OR DO NOT ALLOW THE LIMITATION, YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY OF PROVIDER FOR ANY DAMAGES AT ALL INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO US FOR THE SERVICE PURSUANT TO THIS AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND PROVIDER AND ALL PROVIDER AFFILIATES FROM ALL CLAIMS, LOSSES AND DAMAGES OF EVERY KIND, JUDGMENTS, AND LIABILITIES OF EVERY KIND (WHETHER KNOWN OR UNKNOWN, THREATENED OR PENDING, SUSPECTED OR UNSUSPECTED) RELATED IN ANY WAY TO YOUR ACCESS TO THIS WEBSITE, SOCIAL MEDIA PAGE, MOBILE WEBSITE OR USE OF THE SERVICES OR OF YOUR BREACH OR ALLEGED BREACH OF ANY OF THE TERMS OF THIS AGREEMENT OR OF ANY APPLICABLE LAWS AND REGULATIONS.
11. Redirect Codes
In order to redirect visitors on mobile web browsers from your current website to a mobile version created by Provider, you may be required to install or have installed a line of code called a Redirect Code. The incorrect installation of a Redirect Code may cause impairment of a website. You hereby acknowledge that the Warranty Disclaimers and Limitation of Liability and Indemnification sections of the Terms apply to all situations, foreseen and unforeseen, arising from your installation of Redirect Code. Provider will be in no way responsible for any liabilities, claims, losses, or damages related to installation of any Redirect Code to a website.
12. Governing law and jurisdiction
The Website, Social Media Page, Mobile Website and Services are governed by laws of the State of Montana and operated by Provider from its offices in or near Livingston, Montana. The Website, Social Media Page, Mobile Website and Services are made available via the Internet to all fifty states as well as other countries, each of which has their own laws that may or may not be different from the laws of the state of Montana. By using the Services, all parties agree that all matters relating to or arising from the use of the Website, Social Media Page, Mobile Website or Services will be governed by the exclusive jurisdiction and venue in the courts in Montana, without regard to its choice of law or conflicts of law principles. Without limiting the foregoing, the exception is that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
No waiver delay, or omission of any term of this Agreement by Provider will impair any terms, conditions, or agreements of the Agreement or be construed to be a further or continuing waiver thereof. A waiver by Provider of any of the terms, conditions, or agreements to be performed by you will not be construed to be a further or continuing waiver of any other covenant, condition, or agreement hereof contained. Failure to assert any right or provision under this Agreement will not constitute a waiver of such term, and any rights and licenses contained in the Agreement may not be transferred or assigned by you, although they may be assigned by us without limitation.
You hereby agree that the electronic text of this Agreement represents and constitutes a writing and that your consenting to the Terms hereof constitutes the act of “signing” for all purposes. You agree that if any provision of this agreement is found by a court of applicable jurisdiction to be unenforceable or contrary to law, then the terms of the Agreement will remain in full effect until such time as they are construed to be made valid while reflecting as nearly as possible the original intent of the parties. You hereby agree that your use of the Website, Social Media Page, Mobile Website or Service in no way creates a joint venture, partnership, franchise, agency relationship, or employment relationship between you and Provider. Unless expressly provided herein, this Agreement sets forth the entire agreement between you and Provider and supersedes all prior agreements, representations, or promises regarding the subject matter thereof.
For any questions or concerns about the Terms of Service, please contact us at:
RebelLaunch.com is produced and managed by Schultz Studio, Pllc
523 W. Park St.
Livingston, MT 59047