We are Bend Platforms LLC ("Company," "we," "us," "our"). We operate the website https://www.bendplatforms.com (the "Site"), the mobile applications Muse for Actors and Cleo - Daily Journal & Diary (each, an "App"), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
These Legal Terms constitute a legally binding agreement between you and Bend Platforms LLC. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms.
Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content, solely for your personal, non-commercial use.
No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Please contact contact@bendplatforms.com for any such requests.
Your Submissions and Contributions
Submissions: By sending us any question, comment, suggestion, idea, feedback, or other information about the Services, you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, without acknowledgment or compensation to you.
Contributions: The Services may invite you to contribute content. When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, excerpt, and exploit your Contributions for any purpose.
You are solely responsible for your Submissions and Contributions and you expressly agree to reimburse us for any losses we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.
User Representations
By using the Services, you represent and warrant that:
- You have the legal capacity and agree to comply with these Legal Terms.
- You will not access the Services through automated or non-human means.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
Products
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Purchases & Payment
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. All payments shall be in USD.
We reserve the right to refuse any order placed through the Services, and may in our sole discretion limit or cancel quantities purchased per person, per household, or per order.
Subscriptions
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel.
Cancellation
If you are using one of our apps (Muse for Actors or Cleo - Daily Journal & Diary), you can cancel your subscription directly through your device's settings. Cancellation will take effect at the end of your current billing cycle.
For any inquiries or if you are dissatisfied with our services, please reach out to us at contact@bendplatforms.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
Refunds Policy
Please review our Return Policy posted on the Services prior to making any purchases.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:
- Systematically retrieve data to create a compilation, database, or directory without written permission.
- Trick, defraud, or mislead us and other users, especially to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm us and/or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit viruses, Trojan horses, or other disruptive material.
- Engage in any automated use of the system, such as data mining or scraping.
- Attempt to impersonate another user or person.
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Copy or adapt the Services' software, including HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any part of the Services.
- Use the Services to advertise or offer to sell goods and services.
- Use the Services as part of any effort to compete with us or for any revenue-generating commercial enterprise.
User Generated Contributions
When you create or make available any Contributions, you represent and warrant that:
- Your Contributions do not infringe the proprietary rights of any third party.
- You are the creator and owner of, or have the necessary licenses for, your Contributions.
- You have written consent from each identifiable individual in your Contributions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited advertising, spam, or other solicitation.
- Your Contributions are not obscene, violent, harassing, libelous, or otherwise objectionable.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not violate any applicable law, regulation, or rule.
Contribution License
By posting your Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions.
Mobile Application License
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not:
- Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App.
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
- Use the App for any revenue-generating endeavor or commercial enterprise.
- Make the App available over a network permitting access by multiple devices or users simultaneously.
- Use the App to create a product, service, or software competitive with or substituting for the App.
Apple and Android Devices
When you use the App obtained from the Apple Store or Google Play: the license is limited to a non-transferable license to use the application on a device utilizing Apple iOS or Android operating systems. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor for a possible refund. You represent and warrant that you are not located in a country subject to a US government embargo and are not listed on any US government list of prohibited or restricted parties.
Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy at https://www.bendplatforms.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world, through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information below. Please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material infringes your copyright, you should consider first contacting an attorney.
Term & Termination
These Legal Terms shall remain in full force and effect while you use the Services.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
Modifications & Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Manhattan, New York. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than three (3) years after the cause of action arose.
Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Disclaimer
Limitations of Liability
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Bend Platforms LLC
contact@bendplatforms.com