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Terms of Use Fil Blue, 12IV17

These terms and privacy policy govern your use of the Fil Blue services, as amended from time to time by Fil Blue sarl, 6 rue Jacque Santer, L-6139 Junglinster, LUXEMBOURG, and constitutes a binding agreement between Fil Blue and yourself. Fil Blue provides you with a number of services, basically described as a system to file your personal information and eventually share it with your contacts and/or within your organization. You can use Fil Blue's services to track events, tasks, to-do lists, expenses, revenues, contacts, etc ... You can invite anyone else to use the system to share ideas, projects, tasks and any other kind of work (in) progress. Fil Blue manages a number of "worlds" on behalf of the user. The first "world" being his personal world. Within such "world" the Fil Bluer will manage his personal Network (Contacts), his personal Calendar, his personal Expenses, his personal Projects, etc... Additional "worlds" can be created, embodying structured groups of people (normally this refers to Corporations, but "worlds" could also refer to sport teams, hobby groups, non-profit organizations, etc...). A Fil Blue user (a "Fil Bluer" as we are happy to refer to him, as he becomes part of a very special community) can switch from a world to another one any time, in an eye blink, with no loss of time or interruption in the work flow (or even better, in the "think flow"). Inputs that a Fil Bluer performs while he is "acting" within a specific world, populate the database of such specific world. This means that when Fil Bluer A populates a project report in the world "Company Alpha", such report will be only shared with Fil Bluers who have access to the "Company Alpha" world and not to any other world that Fil Bluer A might be part of. When you create content through Fil Blue's services, you retain all your rights in such content, and you may be allowed (to the extent the system enables you to) to change its availability to other users, i.e. make it available only to your organization, selected people in it, or other definitions. Fil Blue is meant to be used for sharing knowledge within your network (be it a personal network or a network belonging to one or more organizations). Fil Blue allows the super-users of your organization to moderate this, add users, and track the use of the system internally. Fil Blue operates its services with the current industry state of the art and best efforts, and takes all measures to make sure your information is protected. However, because of the nature of Fil Blue's services, which combine public and private information that is conveyed over the public internet, Fil Blue shall not be liable for any damage caused as a result of your use of the services, their unavailability, any error or faults in the services. To the extent permitted at law, Fil Blue does not accept nor bear any responsibility for any statement in Fil Blue Content. Nothing in Fil Blue Content is provided for any specific purpose or at the request of any particular person. Fil Blue will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to Fil Blue Content or any part of it. You might access other sites via links from Fil Blue Site. These sites are not under Fil Blue control and Fil Blue is not responsible in any way for any of their contents. Fil Blue gives no warranties of any kind concerning Fil Blue Site or Fil Blue Content. In particular, Fil Blue does not warrant that Fil Blue Site or any of its contents is virus free. You must take your own precautions in this respect as Fil Blue accepts no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Although Fil Blue does its best to provide constant, uninterrupted access to Fil Blue Site, Fil Blue does not guarantee this. Fil Blue accepts no responsibility or liability for any interruption or delay. We request that you read the full terms, as it is the sole agreement between yourself and Fil Blue. 1.Registration, Eligibility: In order to register to the services, Fil Blue may perform several actions to verify your identity, including the authentication of your email account, or validation of other information. When you register, you state and warrant that you adhere to Fil Blue's eligibility terms, as stated hereunder: 1.1. Who Can Register? 1.1.1. Admins: If you are the authorized agent of your corporation (what we call the "super-user"), you shall be designated as the "super-user" (what is normally referred to as "Super-User") of the specific "world". Corporation: You hereby warrant that you are a valid corporation, business, partnership, non-profit entity and/or government agency, which is solvent and may enter into these binding terms. You hereby warrant the following: Agent: The first super-user (= super-user) who opened an account is the designated agent who is authorized to enter into these terms on your behalf. Card: You own a valid credit card and/or visa debit, which shall be used to pay for the services, if purchased. The credit and/or debit card is under your name. of the World name: You are the owner of the world name which was used to register your account at Fil Blue, and no other third party has made any claims in regards to ownership of such domain and/or trade name. Fil Blue is not and will never be liable for any unlawfully used World name(s). Enemy State: You do not reside in any prescribed state nor in any state that is embargoed by the United States department of commerce or any applicable law. You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms. Blocked: You were not previously blocked by Fil Blue from having an account. 1.1.2.Users: If you are an individual user, then you hereby warrant the following: You are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this agreement. If you are under 18 and over 13, you obtained your parents consent to these terms of service. If you're under 13, don't use the Fil Blue service. You hold a position in the entity which own the Fil Blue account. Address: You hold and manage a valid email address. 1.2.Administrative Tasks: If you are the account's super-user, you may perform the following tasks which shall apply to the entire account: 1.2.1.Administer the Service: You may administer, according to the service's functionality, the invitations and services. 1.2.2.Moderate Content: You may, according to the service's functionality, moderate content created by other users in your world. 1.2.3.Invite: You may, according to the service's functionality, invite other users, which may or may not be employees of your entity, as guests and/or users to your world. 1.3.Members: If you are a Fil Bluer, then you may, according to the service's functionality, perform the following activities: 1.3.1.Post Content: You may post content and interact with other users' content, such as text, images, videos, charts, polls and other content types as available through the service's functionality. 1.3.2.View Information: You may view content posted by other users, as well as your content. Provided, however, that such viewing is not restricted by the other users and/or the super-users. 1.4.Guests: If you are a guest, then you may, according to the service's functionality, perform the following activities: 1.4.1.Post Content: You may post content and interact with other users' content, such as text, images, videos, charts, polls and other content types as available through the service's functionality, provided that the super-user allowed you to do so. 1.4.2.View Information: You may view some content, according to what the super-user marked as content that you may view. 1.5.Securing Your Account: When registering to the services, you shall be required to provide Fil Blue with some information, and Fil Blue may request to access additional information. 1.5.1.Strong Password: Due to the sensitivity of information stored on your behalf on service and the potential risk if it is exposed, you are required to use a strong password. 1.5.2.Don't Share Login Details: Please do not allow others to use your account. You are required to inform Fil Blue, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any Fil Blue account. Such notification shall be by email to support@FilBlue.com. 1.5.3.If You Forgot Your Password: don't worry! Should you forget your password you can request or replace it by pressing the "forgot password" link. 2.The Services: Fil Blue provides the following services as a part of the "service" and or "services"; where these Terms refer to the term "Services" and/or "Service" they refer to the services provided under this agreement and defined in this article. It may add other services and functionality and/or modify some of the services according to future decisions. However, material changes in the service shall be posted. 2.1.Stars and Constellations: Fil Blue's main service is the creation of "stars" which are pieces of content you interact with. You may post in stars, reply to stars and/or interact with them. You may share different content through those stars, such as text, images, audio, video or other types of content. 2.2.Invite Others: You can invite other people to join Fil Blue, if they are working and/or engaged by you individually or by your corporation. All they need is to register themselves. If You are part of the same organization, to join the world they have to be invited by the world's super-user. 2.3.Audit Tools: If you are a super-user, Fil Blue may provide you with audit tools to manage your account and view what activities were performed by which users. 2.4.Branding: If you are the super-user of the account, Fil Blue may allow you to brand and design your account. 2.5.Intellectual Property Rights: Fil Blue retains all applicable intellectual property rights, as well as other rights, in the service. Your use of the services does not grant you any title or right in the services which is not specified in these terms. It is anticipated that You may provide suggestions, comments or other feedback to the Fil Blue Service ("Feedback"). Feedback shall be deemed the sole property of Fil Blue. Without derogating from the above, Fil Blue will be free to adopt such Feedback for any of its products or services, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You and Your organization hereby waive any right to the Feedback, including but limited to, any right for royalties or any other consideration. 3.Support: Fil Blue provides you with various means of support. The support itself is provided by Fil Blue's trained staff and includes the following support services: 3.1.Internal Manuals: Fil Blue shall avail you to internal manuals written by its experts who provide instruction for most of your needs: from basic setup and use to the most detailed advanced uses. 3.2.Videos: Fil Blue shall avail you to videos which include audiovisual instruction material. 3.3.Phone & Email Support: Fil Blue shall also provide you support through phone and email. Such support shall be provided in Fil Blue's regular business hours. Fil Blue's support shall assist you in any service related question and shall also provide you with work-throughs in the service. In any case of service malfunction, Fil Blue's support shall also attempt to resolve the malfunction in a timely manner. 3.4.User Generated Support: Fil Blue may allow you to provide other users with support through its on-line forums and/or methods. Fil Blue does not endorse, nor does it warrant, for any user generated support. 3.5.Restrictions. You shall not: (i) copy, distribute or modify any part of the Fil Blue service without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (as defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Fil Blue service; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Fil Blue service; and/or (v) disable or otherwise interfere with security-related features of the Fil Blue service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Fil Blue service. 4.Content Policy: By either providing Fil Blue with visual, textual, audiovisual, or other material or by using Fil Blue's Service to create content, You hereby accept Fil Blue's User Generated Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your service, removal of your content and legal action by both Fil Blue and the person whose rights were infringed. 4.1.Definition of "Content". For the purpose of this policy, the term Content shall refer to: (i) images and/or text and/or videos used in creating content through the service, as well as comments; (ii) images or videos retrieved from 3rd parties in such items; (iii) description, text and information processed through Service; (iv) submissions made through Service. 4.2.Guidelines: You hereby warrant that Your Content is not offensive in any way and without derogating from the generality above you further warrant the following: 4.2.1.Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights. 4.2.2.Pornography: Your Content does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene. 4.2.3.Slanderous: Your Content does not slander, defame or otherwise harm the good name of others. 4.2.4.Hate Speech and Racism: Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group. 4.2.5.Scams: Your Content is not used to initiate or encourage any participation in a scam, market manipulation, pyramid scheme, religion, alcoholics anonymous meetings, cults, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property. 4.3.License: You hereby warrant that you are the sole owner and proprietor of any content you distribute through the service. For the service, You hereby grant Fil Blue license to use your Content to provide other users within your organization, or those invited from outside the organization by you, with the Services. It does not mean that Fil Blue may publish it publicly, it means that Fil Blue can provide others, inside your organization, with the contents of your post. 4.4.Warranty: You hereby warrant that you are either the sole proprietor or a designated licensee of any content you post through the service and that no other party's rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against you or threatened against you for publishing content through the Service. 4.5.Administration and Policy: it is Fil Blue's policy that each super-user is the sole person in charge (and responsible) of moderating users' content within the super-user managed world. This means that your participation in a specific world may be moderated by the super-user of such specific world, and that the super-user may remove content you provided. In extreme cases, if Fil Blue receives a 3rd party notice about content which is in violation of this policy, it shall act according to applicable laws and moderate and/or remove said content, bypassing the super-user world management. Please note that if Fil Blue shall find repeated violations of this policy, it may block your account permanently. Notwithstanding the above, it is hereby clarified that Fil Blue shall not monitor and/or moderate your Content or other users' content and there shall be no claim against Fil Blue for not performing such monitoring / moderating / controlling activities. 5.Fees: In consideration for its services, Fil Blue may charge fees for different license packages as detailed in its website. 5.1.Trial Period: During the trial period, you will not be charged. Once the trial period expires, however, Fil Blue may suspend your account or may choose, according to its sole discretion, to re-allow you to enter into a trial period. 5.1.1.Referral: Fil Blue may allow you to participate to one or more referral program(s), according to the terms and prescriptions of the referral program published in its website ("the Referral Program"). In the Referral Program, Fil Blue may allow Trial users, who have an account that is limited to a specific number of users, to refer other users to join the service and receive an extension of the Trial Period. Fil Blue may set a maximum extension, minimum extension or other terms, and may terminate the Referral Program for any user at any time. Joining the Referral Program is subject to Fil Blue's sole discretion. 5.2.Billing and Payments: The billing made from Fil Blue to the customer shall be made on a 3 or 6 or 12 months slot basis, as chosen by the customer. 15 days before the slot expires, the customer will be (i) warned to subscribe for the next slot to guarantee continuity of service and (ii) the customer will be billed as he pays for the expiring slot (3 or 6 months slot, as chosen by the customer; every 6 months in case the customer choses a 12 months slot) and shall be linked to the features/services chosen by the specific user at the beginning of the slot period. Payment for the expiring slot shall take place before the new slot starts, in order to guarantee continuity of service. 5.3.Eventual Upgrades: Should your use of the service be in excess of your purchased package, for example by exceeding storage space, your extra use of the platform will be enabled once you confirm your acceptance of the extra billing. Till that moment, your use of the platform will continue unchanged, except for the module showing excess use (such module will be fully active again as soon as you subscribe for the extra payment - for example if the extra use concerns excess space, you will be able to use the platform with no limitation, expect for uploading new files till you confirm subscribing for the extra space, or deleting older files). 5.4.Downgrades: Should you require to downgrade your account, you should contact Fil Blue and it may change your package. 5.5.Storing Your Credit Card: As Fil Blue uses 3rd party services to provide billing services, it may store your credit card information at such party's premises. Fil Blue shall only use 3rd party services who are compliant with professional standards and the law. 5.6.Refunds: as Fil Blue provides you with tailored services, you are not entitled for any refunds under applicable laws. However, Fil Blue may refund you according to its sole discretion. 6.Privacy Policy: Fil Blue values your privacy, and therefore has set up this extensive privacy policy to inform you of your rights. Please take into consideration that your information travels through third parties as part of our services, and that Fil Blue shall obey local regulations if required by law, which may require disclosure of information. 6.1.Information that Fil Blue collects: Fil Blue collects some information, both personally identifiable and non-personally identifiable, according to the following criteria: 6.1.1.Information You Provide Fil Blue: Fil Blue may retain information you voluntarily provide, such as your name, email address, profile photo, job title, skills and other information you submit through the services. 6.1.2.Information Fil Blue Collects Through Your Use of the Services: Fil Blue may also retain information it gathers through your use of the services such as your device's type, browser type, screen resolution, operating system, system preferences, the pages you viewed, the content you submitted and other information it collects through your use of the services, which may be personally identifiable. 6.1.3.Information Fil Blue receives From Third Parties: Fil Blue may also retain information it received and/or procured from third parties, such as its service providers, ad networks and marketing agencies, which all relate to your preferences and your use of the services. 6.2.How Does Fil Blue Use The Information? Fil Blue uses your personally identifiable information to provide you with the services, such as to let other users to view your content and contact information. Fil Blue also uses aggregated, non-personally-identifiable information to provide improvement in the services and to perform random tests for additional features. Fil Blue shares your information inside your organization (world), and may share information with third parties you requested it to share through its API and/or third party applications. 6.3.Your Privacy Settings: Fil Blue uses some third party services to provide with parts of the services and therefore shall make best efforts to comply with all privacy settings set in your account. However, as your information travels through various networks and servers, Fil Blue cannot ensure that it shall remain private at all times. 6.4.Who Has Access To Your Information? Fil Blue uses selected third parties to provide you with the service, and shall share some information with them, under strict confidentiality obligations, to provide you with the services. Such service providers shall include (but not limited to) Six Payment Services, RHX, Tango, Vodafone, Telecom Italia, Fastweb, Intercom, Crocodoc, Embedly, Amazon S3 and Google. Moreover, Fil Blue's employees and agents, who are under the most strict confidentiality obligations, also have monitored access to some of your information. Fil Blue's employees undergo casual and routine monitoring. Lastly, your information will be shared with people you specifically ask to share. 6.5.How Is Your Information Secured? Your information is secured in Fil Blue's server, which is secured under industry standards. Fil Blue also performs occasional penetration tests, to make sure your information is secure. 6.6.How Can You Review Your Information? You can review all your information using Fil Blue's web panel. 6.7.How Can You Remove Your Information? Should you request to remove your account, please contact Fil Blue at support@FilBlue.com. 6.8.Can Fil Blue Contact You? Fil Blue may send you periodic updates regarding the service, your use and other information relating to the service as well as promotional messages. You can opt-out of these messages at any time. 6.9.What Can You Do If You Feel That Your Privacy Was Violated? If you feel your privacy was compromised, you can contact Fil Blue's privacy officer at support@FilBlue.com and request that he'll review your complaint. 7.Indemnification: Your organization and you hereby warrant and agree to hold Fil Blue harmless and to indemnify Fil Blue for any damage, loss, expense, legal expense or cost incurred as a result of (i) your use of the services in direct violation of these terms, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any Fil Blue or other Fil Blue user where no such claim had any legal standing. 8.WARRANTY: FIL BLUE DOES NOT WARRANT FOR SERVICE AND SUPPLIES IT ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF SERVICE IS AT YOUR OWN RISK AND UNDER YOUR LIABILITY. Fil Blue MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS AND (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. 9.LIABILITY: FOR NO CASE AND FOR NO REASON SHALL FIL BLUE BE HELD LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PHYSICAL OR SPECIAL, TO YOU, ANY OTHER USER OR ANY 3RD PARTY DUE TO ITS MIS-PERFORMANCE OF DUTIES HEREIN. FIL BLUE PROVIDES SERVICE ON AN AS-IS BASIS AND SHALL NOT BE HELD LIABLE, TO THE EXTENT PERMITTED BY LAW, BY ANY CASE OF MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, MALICE OR ANY OTHER MEAN, TO ANY DAMAGES OR LOSS OF PROPERTY, VIRTUAL PROPERTY, REPUTATION AND BUSINESS REPUTATION, USER ACCOUNT INFORMATION INCLUDING LOGIN INFORMATION, LOSS OF PROFIT, LOSS OF GOOD NAME, ALL RESULTING FROM THE USE OR INABILITY TO USE FIL BLUE'S SERVICES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY. IN SUCH CASE, THEN FIL BLUE'S LIABILITY SHALL BE LIMITED SOLELY TO THE SUMS PAID BY YOU TO FIL BLUE DURING THE 6 MONTHS PRIOR THE EVENT CAUSING THE DAMAGE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER OF LIABILITY WAS A MATERIAL PART OF FIL BLUE'S TERMS AND THAT IF FIL BLUE WOULD HAVE BEEN REQUIRED TO BE LIABLE FOR SOME PART OF THE SERVICE AND/OR TO PROVIDE ANY WARRANTIES, THEN THE FEES SET FORTH IN THIS AGREEMENT WOULD HAVE BEEN MATERIALLY AND SIGNIFICANTLY HIGHER. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS. 10.Amending these terms: Fil Blue may amend these terms from time to time, provided that the super-user of your organization shall be informed by electronic mail upon such change. Such changes shall not come into effect until at least 14 days following the amendment and shall not have any retroactive effect on your rights. If you are the Super-User, you should notify all the users in your organization immediately upon any change that you will be informed on. 11.Terminating Your Service: Fil Blue shall have the right to terminate your use of the Fil Blue Service or to terminate the Fil Blue Service at any time and by providing you, or the entirety of users, a 7 day prior notice. Notwithstanding, Fil Blue may terminate your use of the Fil Blue service at any time and without prior written notice in any case where it believes that you breached these terms and such breach may cause Fil Blue irreparable harm unless your account is terminated immediately. Upon termination of these terms, you shall cease all use of the Fil Blue services. The Content shall be available for you for thirty (30) days following the termination of the Fil Blue Service and thereafter may be deleted by Fil Blue. 12.Survival: Upon termination of these Terms of Service, the stipulations relating to limitation of user generated content, liability, warranty, indemnification, governing law and jurisdiction shall survive. 13.Third Party Advertisements: Fil Blue's services may contain advertisements made by third parties. Fil Blue is not affiliated to, nor it endorses, these ads. 14.Assignment: You may not assign any of your rights and/or obligations under these terms to any third party. Fil Blue may assign its rights and obligations under these terms, by providing you with a 30 day written notification. 15.Governing Law, Jurisdiction: The laws of the Grand Ducky of Luxembourg shall govern your use of the Services and these Terms of Service. Any dispute arising between Fil Blue and yourself shall solely be brought to the competent courts of the Luxembourg Country. You hereby agree and acknowledge that you may only bring claims against Fil Blue on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.