The Site offers you (“you,” or “your“) and other users, including you (each, a “User,” and, collectively, “Users“), a collection of online resources, including forums, message boards, blogs, surveys, polls, searchable databases, software, specialized audio, video, information, materials and other content (collectively, the “Content“). The Site also includes, without limitation, sweepstakes, contests, rewards programs, special offers or other promotions (collectively, “Promotions“), and interactive features, communications or messaging services, ecommerce, and other services made available on or through the Site, or which enable THEBLAZE to operate, maintain and provide the Site (collectively, “Services“).
As used in these Terms, “Members” means Users who have registered with the Site. “User Content” means all User or Member items, comments, communications or other Content submitted, posted, uploaded, shared, linked, sent or communicated through the Site or transmitted to the Site as well as any attachments to those submissions.
1. Acknowledgement and Acceptance
These Terms set forth the terms and conditions that apply to your use of the Site. Unless explicitly stated otherwise by THEBLAZE, all Content, Promotions or Services made available through the Site, including without limitation any new feature added from time to time, are automatically subject to these Terms.
2. Additional Terms
From time to time, THEBLAZE may supplement these Terms with additional terms that pertain to specific Content, Promotions or Services, such as new or expanded services and products, rewards points programs, courses or events (“Additional Terms“). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
3. Modifications to Terms
THEBLAZE may modify these Terms from time to time. When THEBLAZE posts modifications to these Terms, THEBLAZE will revise the “Last Updated” date at the bottom of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any modification, your sole recourse is to terminate your use of the Site. THEBLAZE recommends that you check the Site from time to time to inform yourself of any changes in these Terms or any of THEBLAZE’s other policies.
If any provisions of the Terms are deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of the Terms.
4. Changes to the Site
THEBLAZE may modify or discontinue the Site, any portion thereof or any Content, Promotions or Services related to or contained on the Site without notice to you and without liability to you or any third party, except as otherwise provided in these Terms. We may also impose links on the use or access to certain features or portions of the Site, or restrict your access to any part or all of the Site, in all cases with or without notice to you or liability to us.
5. Registration and Username
Certain activities on the Site require registration which require you to provide your name, email address and, in some cases, a physical address. When you register to become a Member, you also may be asked to select a username and password. You agree to register only once using a single username. In addition to the required registration information, you may be asked (but are not required to provide) your gender, personal interests and other such information. You agree to provide accurate and complete information during registration and any edits to your Member profile and agree to not
- register under the name of another person
- choose a username that is vulgar, profane or otherwise offensive
- choose a username that impersonates or suggests representation of another entity
- choose a username that incorporates a solicitation
7. Account Information and Security
You are responsible for maintaining the confidentiality of your username, password and other account information or Personal Information. You are entirely responsible for any and all activities that occur under your username and password whether or not authorized by you. You agree to immediately notify THEBLAZE at firstname.lastname@example.org of any unauthorized use of your username or password.
Although THEBLAZE will not be liable for losses caused by any unauthorized use of your username, password or other account information, you may be liable for the losses of THEBLAZE or others due to such unauthorized use.
Members should be aware that disclosure of Personal Information such as your full name or address posted through the Site may result in unwanted solicitations from third parties or unwanted communications. THEBLAZE disclaims any responsibility or liability from your disclosure of such Personal Information or any other information through the Site.
8. Public Areas, Member Areas and User Content
The Site features groups, discussions, member profiles, comment areas, blogs and similar areas where Users can share information about themselves and their opinions, including Personal Information, as well as share User Content (“Public Areas“). In addition, the Site may contain areas with Content, Promotions or Services intended only for use by Members (“Member Areas“) and THEBLAZE reserves the right to limit features and these areas to Members.
Although THEBLAZE may from time to time monitor the User Content shared through the Site, THEBLAZE is under no obligation to do so. THEBLAZE attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior, but THEBLAZE makes no guarantee with respect to your experience of the Site. You understand that User Content posted or shared by a Member is based on their personal opinion and experience and that the Site does not endorse nor guarantee the accuracy of any User Content and cannot be held liable for any damages incurred as a result of the submission or use thereof.
THEBLAZE reserves the right (but is not obligated) to, without limitation and in THEBLAZE’s sole discretion:
- record the communications through the Site;
- investigate any allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the User Content;
- remove User Content which is abusive, illegal, or disruptive or that otherwise fails to conform with the User conduct terms below or otherwise with these Terms;
- monitor, edit or disclose any communication through the Site;
- edit or delete any communication posted through the Site;
- disclose any communication posted on any portion of or through the Site as necessary to satisfy any law, regulation or governmental request, regardless of whether such communications violates these standards and/or
- reserve the right in our sole discretion to decline to remove any User Content that is submitted even if it violates these Terms.
By reading, viewing, browsing or submitting User Content through the Site you agree that you are solely responsible for your own communications and User Content, the consequences of posting or sharing those communications and User Content, and your reliance on communications and User content. THEBLAZE is not responsible for the consequences of communications or User Content submitted through the Site. Any communications sent to you by THEBLAZE personally concerning your participation in the Site or related matters are not intended to be made public and you agree not to post these communications through the Site or elsewhere on the Internet.
Please notify THEBLAZE at email@example.com immediately if you feel that a posted User Content is in violation of the Terms. If you feel threatened or believe someone else is in danger, please contact your local law enforcement agency immediately. If you are dissatisfied with communications posted to the Site, your sole recourse is to terminate your use of the Site.
9. User Conduct and Comment Policy
You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example as per our Comment Policy. and not as a limitation, you specifically agree that:
- You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
- You will not submit, post, upload, share, link, send, communicate, or download information or Content through the Site unless you have all rights and authority necessary to do so.
- You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that THEBLAZE in its sole discretion views as objectionable to the Site, including but not limited to text, graphics, audio and video files.
- You will not use the Site to defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any person, User, Member or representative of THEBLAZE.
- You may express your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
- You will not impersonate another person or entity, including but not limited to a THEBLAZE representative, or communicate under a false name or a name that you are not entitled or authorized to use.
- You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
- You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
- You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site.
- You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to another account, username(s) or other information, THEBLAZE servers, THEBLAZE software or areas of the Site not intended for your access.
- You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users or Members, individuals or entities, except in areas designated by THEBLAZE for such purposes.
- You will not harvest, mine or otherwise collect or store Personal Information about others, including without limitation email addresses and Member profiles.
- You will not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to THEBLAZE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, THEBLAZE grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. THEBLAZE reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any Personal Information, including without limitation usernames, from the Site or to use the communication systems provided by the Site for any commercial solicitation purpose.
- You agree not to solicit, for commercial purposes, Users, including Members, of the Site.
- You agree not to include in any User Content any email addresses or telephone numbers or Personal Information of any entity or person, including your own.
- You agree not to submit any User Content that infringes on the copyright, trademark or intellectual property rights of any person, entity or that may contain proprietary information that otherwise violates the legal rights of any person or entity. THEBLAZE does not permit copyright infringing activities and infringement of intellectual property rights on its Site. THEBLAZE will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. THEBLAZE reserves the right to remove Content and User Content without prior notice and expressly reserves it rights under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, Section 230(c).
- You agree not to include links as part of your signature line as they will be considered a form of solicitation in violation of these Terms.
10. User Content License
As a Member, you may post, upload, share or submit User Content through the Site. You understand that whether or not such User Content is published, THEBLAZE does not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting, uploading, sharing or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize THEBLAZE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site and these Terms.
For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant THEBLAZE a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and THEBLAZE’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms.
You further agree that you will not submit material that is:
- copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant THEBLAZE all of the license rights granted herein; and
- in connection with User Content, contrary to applicable local, national, and international laws and regulations.
11. License Grant, Software and Marks
Subject to these Terms, THEBLAZE hereby grants you a nonexclusive, nontransferable right to:
- access the Site and its Content, Promotions and Services;
- access the software which includes, but is not limited to files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“), made available through the Site; and
- download, print and use one copy of the Content for your personal or internal use only. Unauthorized access to the Site, or to the networks, systems, equipment, services, telecommunications or computer facilities used to deliver the Site, is a breach of the Terms and is a violation of law.
If you download Software from the Site, the Software is licensed to you by THEBLAZE pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. THEBLAZE does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but THEBLAZE or its licensors retains full and complete title to the Software and all intellectual property rights therein. Software available in connection with the Site is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
No Content, or trademarks, service marks and logos contained in the Content (collectively, “Marks“), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of THEBLAZE or the applicable owner of such Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the Content or use of the Content for any other purpose is a violation of THEBLAZE’s copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other website or networked computer environment is prohibited.
Except as specifically permitted in these Terms, you may not, directly or indirectly:
- transfer, sell, sublicense, rent or lease the Content or the Software;
- circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this these Terms or any applicable law;
- reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Site; and/or
- copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content and/or Software or permit any third party to engage in any of the acts proscribed in clauses (a.) through (d.).
Upon request, you must provide THEBLAZE with evidence of compliance with this Section. Any special rules for the use of the Content or Software, accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by THEBLAZE and material owned or controlled by third parties and licensed to THEBLAZE. Except for User Content you post through the Site, title to all Content remains with THEBLAZE or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by THEBLAZE.
12. Suspension, Termination or Cancellation of Membership or Subscription
You acknowledge and agree that THEBLAZE may block your use of the Site or its Content, Promotions, Services, and/or suspend or terminate your membership to the Site or Subscription (as defined below) if you fail to abide by these Terms.
THEBLAZE reserves the right to:
- delete any or all User Content provided by you or your agent(s) through the Site;
- suspend or discontinue your registration with the Site;
- suspend or discontinue your Subscription (as defined below) or any digital product, product, course, event, content, tool or service used or purchased through the Site;
- notify and/or send your account information or any User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- any other action which THEBLAZE deems to be appropriate.
If your ability to access the Site and/or any other Content, Promotions or Services provided to you by THEBLAZE is suspended or discontinued by THEBLAZE due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site and/or any other digital product, Content, Promotions, Services provided by THEBLAZE, through use of a different username, account information or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital items, Content, Promotions, Services to which your access has been suspended or terminated. If you violate the immediately preceding sentence, THEBLAZE reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) – (e) of this Section without any notice or warning to you.
THEBLAZE may, in its sole discretion, terminate a Member if he/she has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she/he has not logged into the Site with her/his username and password.
To cancel your account or Subscription (as defined below), you can email firstname.lastname@example.org subject “Cancel My Account” or “Cancel My Subscription” and include the email address that you registered your account or Subscription (as defined below) with (if different from the email address you’re sending the email from). Because of the nature of caching technology, your account may not be instantly inaccessible to others.
13. Third Party Links
These Terms apply only to the Site. The Site may provide links to other websites and resources, the content and features of which may change over time. Because THEBLAZE has no control over such third-party sites and resources, you acknowledge and agree that THEBLAZE is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, PROMOTIONS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITES AND RESOURCES.
It is possible that other websites and resources provide links to the Site (whether with or without THEBLAZE’s authorization). THEBLAZE has no control over websites and resources that provide links to the Site and you acknowledge and agree that THEBLAZE does not endorse such websites and is not responsible for any links from those websites or resources to the Site or for any content, advertising, products or other materials available on such other websites. You further acknowledge and agree that THEBLAZE is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use
- websites or resources to which THEBLAZE provides links or that provide links to the Site, or
- any content, goods or services available on or through any such websites or resources.
THEBLAZE has the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
14. Social Networks
15. Dealings with Third Party Providers
Your correspondence or business dealings with, or participation in Promotions or Services sponsored by, any third party advertisers or other third party providers of goods, Promotions or Services made available on or through the Site, including payment and delivery of goods, Promotions or Services (and expressly including, without limitation, travel or tours arranged through the Site), and any other term, condition, warranties or representations associated with such dealings, are solely between you and such third-party advertiser or provider and solely at your own risk. You agree that THEBLAZE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Site.
16. E-Commerce, Payments
17. Purchases, Subscriptions
The Site offers Content, Services and other products that you can view, purchase, subscribe to, or download, subject to the terms, conditions and license set forth in these Terms. In addition, you can find related products and services at other locations, or via other third party providers, including, without limitation, storefronts, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc. (collectively “Third Party Sales Locations”). ALL PURCHASES ARE SUBJECT TO AVAILABILITY. THEBLAZE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR THIRD PARTY SALES LOCATION, THE MERCHANDISE OFFERED BY THE THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SITE, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES.
The Content, Services and all other products offered by TheBlaze are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
- 17.1Price Modifications; Merchandise and Services Availability
TheBlaze reserves the right to modify the price of any Services or Subscriptions or any other products offered. TheBlaze is not responsible for any error in copy or images relating to Services or any other products offered by TheBlaze. Any offer to sell any Services or any other products or Subscriptions offered by TheBlaze, may be discontinued at any time in TheBlaze’s sole discretion.
The Services and any other applicable products or Subscriptions offered by TheBlaze or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
- 17.2Customer Service
Should you have any questions about the purchase of Services, Subscriptions or products, send an email to email@example.com.
- 17.3Purchasing; Price; Payment
By purchasing any Services, Subscriptions or any other products offered by TheBlaze, you acknowledge and agree that your credit or debit card is being charged by the payment processor of TheBlaze or its third party, the operator of such product or service.
By utilizing a credit or debit card for purchase of any Services, Subscriptions or any other applicable products offered by TheBlaze, you authorize TheBlaze to charge such card on the periodic basis as specified (e.g., once per month for monthly Subscriptions) in the amount described on the applicable Service or Subscriptions’ purchase path(s).
If the account number, expiration date or other information of any credit or debit card account associated with your Subscription or Service changes, TheBlaze recommends that you update it as soon as possible. Please also be aware, TheBlaze may acquire this current information from TheBlaze’s financial services partner and update the information previously provided to us by you to include such revised payment information.
- 17.4Sales Tax
For certain purchases of Services, Subscriptions or other products, TheBlaze is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from TheBlaze are not exempt from sales or use taxes simply because they are made from the Internet or because TheBlaze is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether TheBlaze is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by TheBlaze and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by TheBlaze in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made from TheBlaze may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website www.tax.ok.gov.
- 17.5 Billing and Refund Policies for Certain Services
For certain Subscriptions billed on a monthly basis (“Monthly Subscriptions“), the term begins when you purchase the Subscription and ends thirty (30) calendar days later. Your Subscription will automatically renew monthly at the full monthly price applicable at the time of purchase or at the regular full monthly price, in the event your purchase was subject to a discount or special promotion, each in accordance with the terms presented to you at the time of purchase. In the event TheBlaze discontinues or significantly alters a Monthly Subscription or Service that you have purchased with monthly automatic renewal, TheBlaze shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Monthly Subscriptions or Services. To cancel a Monthly Subscription, send an email to firstname.lastname@example.org. Cancellation will become effective as of the next monthly billing cycle following receipt.
For certain Subscriptions billed on a yearly basis, the term begins upon purchase of the Subscription and ends on the anniversary date of your purchase the following year, with one-time billing immediately following your purchase of the yearly Subscription (“Yearly Subscriptions“). Your Yearly Subscription will automatically renew annually on the anniversary date of your initial purchase each year at the previous year’s regular full yearly price, unless TheBlaze discontinues or significantly alters the Yearly Subscription prior to the start of the applicable Yearly Subscription renewal period. In the event TheBlaze discontinues or significantly alters a Yearly Subscription or Service that you have purchased with annual automatic renewal, TheBlaze shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Yearly Subscriptions or Services. To cancel the annual automatic renewal feature, send an email to email@example.com. Cancellation will become effective as of the next annual billing cycle following receipt.
- 17.6Refund Policies for Certain Subscription Services
In order to provide the highest customer satisfaction possible, TheBlaze will refund the purchase price paid for a Subscription if a refund request is made to the email address or telephone number(s) provided immediately above and below within five (5) days of your initial purchase of a Subscription or within five (5) days of any annual automatic renewal date for any Yearly Subscription. In no event will TheBlaze grant you more than one (1) refund during any given calendar year or provide partial or pro-rated refunds.
Of course, should you wish to cancel your Subscription at any time, you may send an email to firstname.lastname@example.org. If such cancellation occurs on any date following the fifth (5th) day after your purchase date, then your cancellation will be effective as follows:
- Any Yearly Subscription: Cancellation of each year after (and not including) the year during which you cancel. NOTE: Each year of your Yearly Subscription concludes on the anniversary date of your initial purchase date.
- Any Monthly Subscription: Cancellation of each month after (and not including) the month during which you cancel. NOTE: the first month of your Monthly Subscription concludes thirty (30) days after your initial purchase date and each subsequent month thirty (30) days thereafter.
- 17.7Notifications and Other Terms and Conditions
By accepting this Agreement, you agree that TheBlaze may notify you about changes to prices, Subscriptions and/or Services and other products, services or subcriptions by sending an email message to your email address on file with TheBlaze, and by publishing such notices from time to time on the informational page(s) applicable to the Services. It is your responsibility to notify TheBlaze of any change in your email address by logging in to the Site and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or Subscription, the terms and conditions of the applicable Service or Subscription will govern.
Programming, pricing, terms and conditions of Services, Subscriptions and other products offered via by TheBlaze are subject to availability and change. Certain Services, Subscriptions and other products offered by TheBlaze other than the Site, including downloadable wireless applications, may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies, which terms may be in addition to the terms contained herein. Please refer to the terms and conditions of such Services, Subscriptions or products to determine the policies applicable for such other Services, Subscriptions or products. In the event of any conflict between this Agreement and the terms and conditions provided for any such Services, Subscriptions or products, the terms and conditions of the applicable Services, Subscriptions or products will govern.
- 17.8Access to Services and Restrictions
Subscription activation for Services and other products offered by TheBlaze, and subsequent ability to access Services and other products offered by TheBlaze, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by TheBlaze (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY USE RESTRICTION HEREIN: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION. FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND THEBLAZE RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
SHARING OF PASSWORDS TO ANY ACCOUNT, SERVICE, SUBSCRIPTION, OR PRODUCT IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO THEBLAZE AS SET FORTH IN THE PREVIOUS PARAGRAPH, THEBLAZE RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
- 17.9Cancellation of Subscription
To cancel your Subscription, you can: email email@example.com, subject “Cancel My Subscription” and include the email address that you registered your account or Subscription with (if different from the email address you’re sending the email from); or via your online Subscription account page.
18. Member Rewards
TheBlaze may, in its discretion, offer a membership rewards program (“Member Rewards”) to its Members. Members may participate in THEBLAZE’s Member Rewards and, if applicable, earn points that can be redeemed for promotional offers from merchants. Member Rewards points made available by THEBLAZE through the Site, are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use, even if such came with a durational term. THEBLAZE may immediately suspend or terminate the license we grant you as a Member to Member Rewards points for any or no reason, in our sole discretion, and without advance notice or liability. We may modify any Member Rewards points program, or the terms that govern their usage, at our sole discretion, and such modifications may make the Member Rewards points more or less common, valuable, effective, or functional.
19. Sweepstakes, Contests, and Promotions
Any sweepstakes, contest, or similar Promotions that THEBLAZE may make available through the Site or for which THEBLAZE may, from time to time, send email messages to you will be governed by terms that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest, or similar Promotions (if any), you will become subject to its specific terms. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable Promotions terms.
20. System Outages
THEBLAZE periodically schedules system downtime for maintenance of the Site and other purposes. Unplanned system outages also may occur. THEBLAZE has no liability whatsoever for:
- the resulting unavailability of the Site;
- any loss of data or transactions caused by planned or unplanned system outages;
- the resultant delay, misdelivery or nondelivery of information caused by such system outages; or
- any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, PROMOTIONS, SERVICES, SUBSCRIPTIONS, DIGITAL ITEMS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEBLAZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEBLAZE DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THEBLAZE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, PROMOTIONS OR SERVICES ON THE SITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THEBLAZE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
22. Limitation of Liability
THEBLAZE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, CONTENT, PROMOTIONS, SERVICES, DIGITAL ITEMS, EVENTS, COURSES AND/OR CONTENT OR RESULTING FROM ANY GOODS, PROMOTIONS, SERVICES, DIGITAL ITEMS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THEBLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold each of THEBLAZE and its parent corporations, subsidiaries and affiliated entities and their respective members, shareholders, officers, directors, employees and agents, harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) due to or arising out of:
- your use of and access to the Site or its Content, Promotions or Services;
- your violation of any provision of these Terms;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that your or any of your User Content caused damage to a third party.
24. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by THEBLAZE infringe your copyright, you (or your agent) may send THEBLAZE’s designated copyright agent a notice requesting that the material be removed or access to it blocked by providing THEBLAZE’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit THEBLAZE to locate the material;
- Information reasonably sufficient to permit a THEBLAZE representative to contact you, such as a name, address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you (or your agent) to send THEBLAZE’s copyright agent a counter-notice with the following information in writing (see 17 U.S.C 512(g)(3) for further detail):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 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;
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which THEBLAZE may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by our copyright agent, THEBLAZE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at THEBLAZE’s sole discretion.
Notices and counter-notices with respect to the Site should be sent to THEBLAZE’s copyright agent:TheBlaze Inc.
c/o Mercury Studios
Misty Kawecki, SVP of Finance
Attention: Copyright Agent
P.O. Box 143189
Irving, Texas 75014-3189
THEBLAZE suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. THEBLAZE will terminate a Member and a Member’s access to the Site, Subscriptions or the Services if, under appropriate circumstances, the Member is determined to be a repeat infringer.
For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to THEBLAZE at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
25. User Disputes
You are solely responsible for any interaction with other Users or Members of the Site. THEBLAZE reserves the right but shall have no obligation to monitor disputes between you and any other Users or Members of the Site.
26. Children and Parental Controls
27. Users from Outside the United States
By visiting the Site, submitting information or using any of THEBLAZE’s Content, Promotions or Services, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Site or its Content, Promotions or Services.
The Site and its Content, Promotions and Services are controlled and operated by THEBLAZE from the United States. THEBLAZE does not represent or warrant that the Site, its Content, Promotions or Services, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or its Content, Promotions or Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or Content, Promotions or Services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. THEBLAZE may limit the availability of the Site, or its Content, Promotions or Services, in whole or in part, to any person, geographic area or jurisdiction that THEBLAZE chooses, at any time and in THEBLAZE’s sole discretion.
Please note, new Subscriptions are limited to Users to who have billing addresses in the United States, its territories, possessions or military bases. This limitation does not affect existing subscribers who reside outside of the United States.
28. Mobile Sites, Content and Terms
The Site may also include versions designed for mobile content that can be viewed with mobile web browsers on mobile devices (the “Mobile Sites”). Content that THEBLAZE may make available through the Mobile Sites includes newsletters, alerts, ring tones, streaming and/or downloading of images and videos (collectively, the “Mobile Content”). In order to use the Mobile Sites, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider.
- You agree that are solely responsible for all message and data charges that you incur from your mobile service provider for your use of the Mobile Sites. These charges may include standard and premium SMS charges and may be recurring or one-time. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.
- Your use of the Mobile Sites is at your own risk. Neither THEBLAZE nor any other party involved in creating, producing or delivering the Mobile Content is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Mobile Sites. Without limiting the foregoing, everything on the Mobile Sites is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. THEBLAZE encourages you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties. THEBLAZE is not responsible for any damage to your mobile device that may occur from your use of the Mobile Sites. THEBLAZE also does not assume any responsibility, and shall not be liable for, any damage to or virus that may infect your computer equipment or other property as a result of your use of the Mobile Sites, including the downloading of Mobile Content. Further, THEBLAZE has not reviewed all the sites linked to the Mobile Site and is not responsible for the content of any other site linked to the Mobile Site. You link to off-site content at your own risk.
- Software available from the Mobile Sites may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software available from the Mobile Sites may be downloaded or exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading Mobile Content and otherwise using the Mobile Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- THEBLAZE reserves the right to modify the Mobile Terms from time-to-time, in its sole discretion. Please check back periodically for modifications. Your continued use of any of the Mobile Sites will constitute your acceptance of such modifications. In the event of conflict between the Mobile Terms and the Terms, the Mobile Terms will govern.
Notices. Any notice or other communication required or permitted to be made under these Terms or the Mobile Terms may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of THEBLAZE below, or (ii) in the case of the User, the address provided by the User upon registration. Either party may from time to time change its address for receiving notices in writing, or its electronic address, in the case of THEBLAZE, by posting a change of address on the Site or, for either party, by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of these Terms, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of THEBLAZE, below, or (2) in the case of the User, the electronic address provided by the User upon registration. Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. THEBLAZE also may broadcast notices, messages or other matters of importance on the Site; such broadcasts shall constitute notice to all Users.
Governing Law. These Terms and the Mobile Terms are governed and interpreted in accordance with the laws of the State of Texas and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.
Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms or the Mobile Terms or to your use (or inability to use) of the Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by these Terms. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Dallas County in the State of Texas. The arbitrator’s decision shall be based upon the substantive laws of the State of Texas without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude THEBLAZE from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in Dallas County in the State of Texas, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
Other. These Terms do not create rights enforceable by third parties. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without THEBLAZE’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms, together with all policies referred to herein, constitute the entire agreement between you and THEBLAZE with respect to your use of the Site and the Mobile Sites and supersedes all prior or contemporaneous communications and proposals between you and THEBLAZE regarding such subject matter. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30. Contacting THEBLAZE
If you have any questions about THEBLAZE generally, these Terms or the Site, please feel free to contact THEBLAZE at:TheBlaze Inc.
c/o Mercury Studios
P.O. Box 143189
Irving, Texas 75014-3189
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:The provider of the website is:
c/o Mercury Studios
Attention: Legal Department
P.O. Box 143189
Irving, Texas 75014-3189
To file a complaint regarding the website or to receive further information regarding use of the Site, send a letter to the above address, or contact THEBLAZE via email at email@example.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
Last Updated: April 13, 2017