Welcome to Blayze! We're glad you're here and we want to protect your rights and those of any other user or third party who interacts with us. In order to do so, we created these Terms of Service ("Terms"). By accessing or using the Blayze site or services provided by Blayze ("Blayze", "we", and "us"), you agree to these Terms. If you don't agree to these Terms, do not access or use Blayze. (We'll be sad to lose you but it's better in the long run for both of us...)
1. You and Your Account
You must be 13 years or older to use Blayze. (Just think of it as the height requirement for a carnival ride...) You affirm that you are the applicable age of majority or older, or that you have obtained the consent of your parent or legal guardian or that you are an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. Right now, Blayze is only intended for use by citizens of the United States (Pardon! Entschuldigung! Sumimasen!) and anyone who accesses or uses Blayze from outside of the United States does so at his/her own risk and is responsible for compliance with applicable local laws.
In order to access some of our features, you may need to register to become a member of Blayze. When you register for an account, Blayze collects certain personal information about you. You agree that we may use any information we obtain about you in accordance with our Privacy Policy. You also agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; and (d) immediately notify us of any unauthorized use of your password or any other breach of security related to Blayze. BLAYZE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
2. Your Submissions and Shares
When you directly upload, import from a third party service, or otherwise submit your comments, photos, videos, music, or other materials that are covered by intellectual property rights to Blayze (collectively "Submissions"), you give us a worldwide, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, store, transcode, copy, reproduce, process, adapt, modify, create derivative works, publish, transmit, display, perform, and distribute those Submissions in connection with Blayze and Blayze's business in any and all media or distribution methods (now known or later developed). When you delete or otherwise remove a Submission from Blayze by a permitted method, it will be deleted in a manner similar to emptying the recycle bin on a computer so backup copies may still exist on our servers for a reasonable amount of time.
You are responsible for your own Submissions. We may not monitor or control Submissions and we cannot take responsibility for them. Consequently, you represent and warrant that: (a) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to Blayze the rights in your Submissions described in these Terms; (b) you are the individual pictured and/or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your Submissions to grant the rights to Blayze described in these Terms; (c) you will make such permissions available to Blayze upon request; and (d) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
Blayze.com ("Blayze") is a venue for URL sharing and commerce. Blayze allows certain users ("Creators") to showcase URL Share pages and reward users for sharing the URL Share page ("Fans"). Blayze shall not be liable for your interactions with any organizations and/or individuals found on or through the Blayze service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Blayze. Blayze does not oversee the performance or punctuality of projects. Blayze is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Blayze is under no obligation to become involved in disputes between Fans and Creators, or between site members and any third party. In the event of a dispute, you release Blayze, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Though Blayze cannot be held liable for the actions of a Creator, Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any URL Share page they create. Blayze reserves the right to cancel a URL Share page at any time for any reason. Blayze reserves the right to remove a URL Share page from public listings for any reason.
Blayze reserves the right to cancel, interrupt or suspend a listing at any time for any reason.
We reserve the right to display advertisements on Blayze, which may be targeted to your Submissions, the Content (as defined below), or other information on Blayze, queries and shares made through Blayze, or other information. In consideration for our granting you access to and use of Blayze, you agree that Blayze and its third party providers and partners may place such advertising on Blayze or in connection with the display of your Submissions, the Content, or other information whether submitted by you or others. Unless otherwise agreed between you and us, no compensation will be paid with respect to our use of your Submissions. While we welcome your feedback, comments, and suggestions related to Blayze, please note that we may use them without acknowledgment, compensation, or any expectation of confidentiality.
3. Your Conduct
We would like to keep Blayze as safe as possible for our users but need your help to do so. Accordingly, you agree not to use Blayze to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures; (vi) attempt to decompile or reverse engineer any software contained on Blayze; (vii) remove any copyright or other proprietary notations from any Submissions other users or Content; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (x) interfere with or disrupt Blayze or servers or networks connected to Blayze, or disobey any requirements, procedures, policies, or regulations of networks connected to Blayze. You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses Blayze in a manner that sends more request messages to the Blayze servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Please note that we allow operators of public search engines to use spiders to index materials from Blayze for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
4. Ownership; Restrictions On Use
All right, title, and interest in and to the Blayze site and services (excluding Submissions) are and will remain the exclusive property of Blayze and its licensors. The content on Blayze, other than Submissions, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the "Blayze" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through Blayze that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Blayze and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes Blayze or any portion of Blayze, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us and our applicable licensors. Blayze is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
Blayze is not required to host, display, or distribute any Submissions, and may remove them at any time. We also reserve the right to terminate users or reclaim usernames and to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Blayze, its users and the public.
5. Our License to You
We give you a personal, revocable, non-exclusive, non-transferable, world-wide, license to access and use any Submissions of other users solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of Blayze. This license to you will automatically terminate if you violate these Terms.
6. Copyright Infringement Notice Procedure
(a) Notice of Infringement. We respect the intellectual property rights of others. Upon proper notice, we will remove Submissions that violate copyright law, suspend access to Blayze (or any portion thereof) to any user who uses Blayze in violation of copyright law, and terminate the accounts of repeat infringers.
If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on Blayze; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Please provide us with a notice that includes all of the above information ("Notice of Infringement") and fax or mail it to the following Blayze copyright agent:
Blayze LLC
Attn: Ben Smith
547 Grand Blvd, Apt B
Venice, CA 90291
Email: bp@Blayze.com
(b) Counter Notification. If you believe that your content has been wrongfully removed from Blayze, you may send us a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification.
In order for your counter notification to be effective, it must be in writing, sent to our designated copyright agent (as identified above in Section 6(a)), and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on Blayze; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in Los Angeles, California, and agree to accept service of process from the person who submitted the original Notice of Infringement that resulted in your Submission being removed (or an agent of such person) in the event he or she elects to file suit.
7. Termination
Your right to use Blayze automatically terminates if you violate these Terms or any rules or guidelines posted in connection with Blayze. We reserve the right, in our sole discretion, to terminate your access to all or part of Blayze, for any reason, with or without notice. FURTHER, YOU AGREE THAT BLAYZE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO BLAYZE (OR ANY PORTION THEREOF).
8. Mobile
We currently provider our mobile services for free, but please note that your carrier's normal rates and fees, such as text messaging and data fees, will still apply. Some or all of our mobile services may be restricted by your carrier and not all mobile services may work with all carriers or devices. By using our mobile services, you agree that we may communicate with you regarding Blayze by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of our mobile services may be communicated to us. If you change or deactivate your mobile telephone number, you will update your account information on Blayze within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
9. Links
Blayze may contain links to third party Web sites or Internet resources that are not owned or controlled by Blayze. Our provision of a link to any other Web site or Internet resource is for your convenience only and does not signify our endorsement of such other Web site or resource or its contents. BLAYZE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BLAYZE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BLAYZE IS AT YOUR SOLE RISK. BLAYZE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BLAYZE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO BLAYZE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
We make no warranties or representations about the accuracy or completeness of content available on or through Blayze or the content of any Web sites linked to or from Blayze and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Blayze; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from Blayze; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Blayze by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through Blayze.
11. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BLAYZE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF BLAYZE.
12. 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 and disclaimers may not apply to you. To the extent Blayze may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Blayze, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through Blayze; (b) your (or anyone using your account's) use of Blayze; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Blayze reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Blayze in asserting any available defenses.
14. Disputes
These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or Blayze exclusively in a state or federal court located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigation all such claims or causes of action.
15. Miscellaneous
These Terms, together with any other rules or guidelines posted in connection with Blayze constitute the entire and exclusive and final statement of the agreement between you and us. The failure of Blayze to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 4, 7, 9, 10, 11, 12, 13, 14, 15, and 16 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of Blayze.
16. Modifications
We reserve the right to modify, suspend, or discontinue Blayze with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. We may also, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting. Your continued use of Blayze constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using Blayze.
Last updated: November 24, 2011.
