Terms of Use

Revised: October 1, 2016

www.scrollmotion.com and www.smblue.com (the “sites”) are operated by ScrollMotion, Inc. (“ScrollMotion” or “we”). By accessing the sites you agree to these Terms of Use (the “Terms”) and our Privacy Policy. If you do not agree to the Terms and Privacy Policy, do not use the sites.

We are not responsible for the content or privacy practices of other websites, including those you may link to through the sites or our offerings.

While any changes are likely to be minor, we may modify these Terms at any time. Please check this page periodically for changes. Your continued use of the sites after we post changes indicates that you accept the changes.

ScrollMotion software products are available from the App Store and are subject to the terms included in their respective End User License Agreements.

You may temporarily download the sites via your browser for personal, non-commercial use. You may not (i) modify or copy site elements, (ii) publicly display site elements without our express, written permission, or (iii) transfer site elements to another person or “mirror” them on any other server.

Except where noted, all site elements are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by ScrollMotion, and are protected by U.S. and international laws and conventions. Use of any site elements in violation of the license is strictly prohibited.

We may use any feedback you provide about the sites or our services or products (via email, chat, comments, forms, or any other means) without restriction.

THE SITES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, RELATED TO YOUR USE OR INABILITY TO USE THE SITES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will indemnify, defend, and hold us, our officers, directors, employees and agents harmless against any claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys’ fees), arising out of or related to your use of the sites.

These Terms and all matters relating to your use of the site, including any disputes, will be governed by the substantive laws of the United States and the State of New York, without regard to conflicts of laws principles that might require a different result. You consent to the sole and exclusive jurisdiction of the State and Federal courts situated in New York County, New York for any disputes.