TERMS OF SERVICE
Thank you for downloading the Cannonball IO application and/or the My Blend (MyBlendApp.com) application for your mobile device (the "Apps"). The Cannonball App and The My Blend App are provided by Cannonball Corporation ("Cannonball", "we" "us" or "our"). These terms of service (these "Terms of Service") govern your ("you," "your," or a "user") access to and use of the www.cannonball.io web site, the www.myblendapp.com and its subdomains (collectively, the "Websites"), the Apps, websites, software and all services provided by Cannonball via the Apps (collectively, the "Services").
Cannonball and My Blend enable you to bring together your online email from various Third Party Platforms (defined below) to help you effectively manage and organize your email more efficiently on your compatible mobile device. "Third Party Platforms" are email services or other content delivery services such as those provided by Google, Yahoo, and other similar platforms, including RSS services, compatible with the Apps as set forth on our Services from time to time, from which you authorize us to download your email for you to access through the Apps. The Apps download and store your email from Third Party Platforms on your mobile device rather than in the cloud. As part of the Services, Cannonball and My Blend organize and provide efficient means to download and organize your email, attachments to those emails, content and information (anything you upload, submit, or transmit through the App, "your email") that may have been previously dispersed over many different Third Party Platforms. Configuration of the Apps with Third Party Platforms is easy and, your email can automatically be downloaded to the App, upon your authorization, from each Third Party Platform. After your Cannonball or My Blend account have been set up, you may use the Services to deliver new messages to your email automatically each time new messages are received by the applicable Third Party Platform.
For Gmail and Google Apps accounts we provide a service that indexes and accelerates delivery of your email to your device. That means that our service retrieves your incoming and outgoing email messages and securely pushes them to the app on your device. Similarly, the service retrieves the calendar data and address book contacts associated with your email account and securely pushes those to the app on your device. Those messages, calendar events, and contacts, along with their associated metadata, may be temporarily stored and indexed securely both in our servers and locally on the app on your device. If your emails have attachments and you request to open them in our app, the service retrieves them from the mail server, securely stores them temporarily on our servers, and delivers them to the app.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND CANNONBALL ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 19 "AGREEMENT TO ARBITRATE").
Acceptance of Terms.
PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE Apps OR ANY OF THE SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. If you are viewing this on your mobile device, you can also view THESE TERMS OF SERVICE via a web browser at www.cannonball.io and www.myblendapp.com IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE THE APPS OR OUR SERVICES. BY USING OUR APPS OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE.
We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our WebsiteS; provided that any such changes shall only apply to your use of the AppS and other Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.
Scope of Service.
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use the Services, you must have a compatible mobile device enabled with our services.
In using our App and other Services, your mobile carrier's normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that at all times while using the Service you are not in violation of your wireless data service agreement.
License to Use the Apps.
Subject to your compliance with all the terms and conditions of these Terms of Service, Cannonball grants you a limited, nonexclusive, nontransferable, revocable license to install and use the Apps on a compatible mobile device for your personal, non-commercial purposes, in each case, solely in the manner enabled by Cannonball. Your license to use the Apps is automatically revoked if you violate these Terms of Service. Any use of the App other than for private, non-commercial use is strictly prohibited. From time to time, we may issue upgraded versions of the Apps. You agree that these Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the Apps or a sale of a copy of the Apps, and Cannonball and our partners and suppliers retain all rights and interest in the Apps. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.
2. Loss of Data. You, and not Cannonball, are responsible for maintaining and protecting a separate permanent record of all of your email, if you wish to retain your email. Cannonball will not be liable for any loss or corruption of your email, or for backing up or restoring any of your email.
3. Liability. With respect to your email or other content transmitted or posted through the Apps on or through our Services, we act as a passive conduit for such distribution and are not responsible for such content or your email. Any opinions, advice, statements, services, offers, or other information in the Services provided by users are those of the respective author(s) or distributor(s) and not of Cannonball. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content or your email. You are responsible for ensuring that content and your email submitted to or through our Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your transmission, posting or submission of content or your email through our Services.
4. Acknowledgement to Receive Email and Push Notifications. As a registered user of Cannonball, you agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our services offerings from us and our partners. You may opt-out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
5. Disputes; Release. Cannonball expressly disclaims any liability or claims that may arise between users of our Services and providers of Third Party Platforms. You are solely responsible for your interactions with any user and provider of Third Party Platforms and any disputes that arise from interactions with any of the foregoing.Because Cannonball is not responsible for the interaction between users and providers of Third Party Platforms or any related transactions, in the event that you have a dispute with one or more users, you hereby release Cannonball (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes. If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
6. Cannonball Content. Subject to these Terms of Service and any other agreement between you and Cannonball, we hereby grant to you a personal, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Services, and all Content therein, solely within the scope of your status as a user of our Services. The term "Content" means all information, text, images, data, links, or other material posted on the sections of our Services that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on our Services.
We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content displayed on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services.
As a condition of your use of the App and our other Services, you will not use the App or other Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).
You agree not, and will not permit any person or entity to: (i) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; (iii) obtain unauthorized access to any computer system through our Services or the App; (iv) introduce viruses, worms, Trojan horses and/or harmful code to our Services or the Services; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, your email, or Content.
Cannonball reserves the right, without prior notice and in its sole discretion, to decide whether your use of the Services violate these Terms of Service for any of the above reasons or for any other reason, and if Cannonball does so, and/or terminate your access to any Services and license to use the App.
By using our Services, you agree to indemnify, hold harmless and defend Cannonball and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
Intellectual Property Rights.
You agree and acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to Cannonball. You shall not, and shall not permit any person or entity to: (i) use our Services or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services or any software component of the Cannonball Services. You shall not sell, transfer, publish, disclose, display or otherwise make available the Cannonball Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Cannonball or copies thereof to others in violation of these Terms of Service.
Unless otherwise noted, all Content contained on the Services is the property of Cannonball and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Copyright Infringement; DMCA Policy.
If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or location in the App or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Services or our Services is: Copyright Agent, Cannonball Corporation, 1 Broadway, 14th Floor, Cambridge MA, 02142 or firstname.lastname@example.org. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Links to Third-Party Websites.
1. Providers of Third Party Platforms; Apple.
You hereby acknowledge and agree that Apple, Inc. and Google Inc.: (i) are not a parties to these Terms of Service; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to the Apps; (iii) are not responsible for addressing claims by you or any third party relating to the Apps, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that the Apps or use thereof infringes any third party intellectual property rights.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of your email, your reliance on information in any Content, your email, information provided by a user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
THE APP, THE SERVICES, ALL CONTENT, YOUR EMAIL, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Cannonball DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING YOUR EMAIL) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER Cannonball NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS AND BETWEEN USERS AND THIRD PARTY PLATFORMS. Cannonball AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability.
(a) Disclaimer. IN NO EVENT SHALL Cannonball BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, PROVIDERS OF THIRD PARTY PLATFORMS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, YOUR EMAIL, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. Cannonball'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, CUMULATIVELY BETWEEN YOU AND Cannonball, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO Cannonball FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
(c) Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modifying and Terminating Service.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update the Services from time to time. We may add or remove features, and as appropriate give you advance notice about any major changes, you understand that we may stop, suspend, or change the Services at any time without prior notice.
1. Unsolicited Ideas and Feedback.
While we welcome your feedback, ideas, and suggestions (collectively, "unsolicited ideas"), it is important to be aware of the following restrictions with regards to unsolicited ideas you provide to us. If you send us feedback, ideas, or suggestions, you agree that: (1) your unsolicited ideas become the property of Cannonball and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Cannonball may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Cannonball to review your unsolicited ideas; and (5) Cannonball has no obligation to keep any unsolicited ideas confidential.
1. Governing Law; Dispute Resolution.
These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts, USA, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
1. Agreement to Arbitrate; Waiver of Class Action.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Cannonball can require the other to participate in an arbitration proceeding. To opt out, you must notify Cannonball in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and your Cannonball account to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate and a clear statement that you want to opt out of this Agreement To Arbitrate. You must use this address to opt out:
Cannonball Corporation ATTN: Arbitration Opt-out Cannonball Corporation, 1 Broadway, 14th Floor, Cambridge MA, 02142
This Arbitration section will survive the termination of your relationship with Cannonball.
You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without the consent of Cannonball. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Cannonball and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Cannonball, and cannot be amended except by a writing signed by both parties or by Cannonball's posting of an amended version of these Terms of Service on its App. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Cannonball Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.
For Additional Information.
If you have any questions about these Terms of Service, please contact us at: Cannonball Corporation, 1 Broadway, 14th Floor, Cambridge MA, 02142 USA or via www.Cannonball.io.
Copyright © 2016, Cannonball Corporation, All Rights Reserved.
Updated: January 22 2016