1. Your Acceptance
2. Blazetrak Website
3. Website Access
A. Blazetrak hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Blazetrak's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and any restrictions or conditions set forth on the Website itself.
B. In order to access some features of the Website, including, without limitation, to submit Materials,(as defined herein), you will have to create an account. You may never use another Customer's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Blazetrak immediately of any breach of security or unauthorized use of your account. Although Blazetrak will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blazetrak or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Blazetrak 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. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any registered users of the Website (each, a "Customer" and, collectively, "Customers") with respect to their Materials.
4. Intellectual Property Rights
The content on the Blazetrak Website, except all Materials, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, all Reviews (as defined herein), interactive features and the like (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Blazetrak, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of such Content. Notwithstanding the foregoing, in the event that you become a Customer and pay for and receive a Review, Blazetrak hereby grants to you a limited, non-sublicenseable, non-transferable license to use solely the score assigned to such Review and/or any written content contained therein solely for marketing and promotional purposes in accordance with all applicable laws, rules and regulations. IN NO EVENT, SHALL YOU HAVE OR ACQUIRE ANY RIGHTS TO USE ANY AUDIO AND/OR AUDIOVISUAL CONTENT IN ANY REVIEW FOR ANY PURPOSE WHATSOEVER, UNLESS AND UNTIL BLAZETRAK HAS GRANTED YOU THE RIGHT TO SO THROUGH A WRITTEN AMENDMENT TO THESE TERMS OF SERVICE AND POSTED SUCH AMENDMENT ON THE WEBSITE. Blazetrak reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Materials of third parties obtained through, or viewed on, the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you agree not to alter or remove any copyright or other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Blazetrak Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Blazetrak Website or the Content therein.
A. The Blazetrak Website permits the submission of audio, audiovisual, written and other materials and content by you and other Customers (collectively, "Materials") and may allow for the hosting, sharing, and/or publishing of certain of your Materials by Blazetrak and certain third parties by obtaining your prior written consent, which may be obtained electronically. You understand that whether or not such Materials are published, Blazetrak does not guarantee any confidentiality with respect to any such Materials.
B. You shall be solely responsible for your own Materials and the consequences of posting or publishing them. In connection with your Materials, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blazetrak to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all such Materials to enable inclusion, use and review of the Materials in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Materials in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in the Materials that you submit through the Website other than the license rights and any other rights granted herein. However, by submitting the Materials to Blazetrak, you hereby grant Blazetrak a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Materials in connection with the Blazetrak Website and Blazetrak's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Blazetrak Website (and derivative works thereof) in any media formats and through any media channels.
C. In connection with Materials, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Blazetrak all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Blazetrak or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Blazetrak does not endorse any Materials or any opinion, recommendation, or advice expressed therein, and Blazetrak expressly disclaims any and all liability in connection with Materials. Blazetrak does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blazetrak will remove all applicable Materials if properly notified that such Materials infringe upon another's intellectual property rights. Blazetrak reserves the right to remove Materials without prior notice. Blazetrak will also terminate a Customer's access to its Website, if he/she is determined to be an infringer. Blazetrak also reserves the right to decide whether Materials are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Blazetrak may remove such Materials and/or terminate a Customer's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Materials or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
Blazetrak's designated Copyright Agent to receive notifications of claimed infringement is: Nathaniel Casey (email@example.com). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Blazetrak customer service by clicking the Help button located on the top navigation menu on the site. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that, when using the Blazetrak Website, you will be exposed to Materials from a variety of sources, and that Blazetrak is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blazetrak with respect thereto, and agree to indemnify and hold Blazetrak, its owners/operators, Professionals (as defined herein), affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. In addition, you hereby release Blazetrak and its Professionals from any and all liability based upon, or arising out of, any reviews of your Materials (each, a "Review" and, collectively, "Reviews") by such Professionals, including, without limitation, claims of defamation of any kind. For purposes of these Terms of Service, the term "Professional" means a music industry, sports, fashion, film, or business industry professional who reviews Materials submitted by Customers on the Website. In addition, if your Materials are selected for posting and/or to be featured on the Website (with your consent), you understand and agree that visitors to the Website may comment freely on such Materials. Blazetrak shall not have any liability to you or to any third party in connection with any such comments (which you understand may not be favorable). You understand and agree that you shall not have any rights or claims arising from or concerning any such comments, and you hereby irrevocably waive any such rights and/or claims to the extent that they exist or arise in the future.
F. Blazetrak permits you to link to Materials of third party Customers on the Website for solely personal, non-commercial purposes. Blazetrak reserves the right to discontinue any aspect of the Blazetrak Website at any time. These Terms of Service constitute a legally-binding contract solely between you and Blazetrak, LLC.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BLAZETRAK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLAZETRAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BLAZETRAK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 AND USE OF OUR WEBSITE, (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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR 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 VIA THE BLAZETRAK WEBSITE. BLAZETRAK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLAZETRAK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLAZETRAK WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PROFESSIONALS.
7. Limitation of Liability
IN NO EVENT SHALL BLAZETRAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLAZETRAK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BLAZETRAK SHALL NOT BE LIABLE FOR ANY MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, OF ANY PROFESSIONAL) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Blazetrak from its facilities in the United States of America. Blazetrak makes no representations that the Blazetrak Website is appropriate or available for use in other locations. Those who access or use the Blazetrak Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Blazetrak, its officers, directors, employees, Professionals, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Blazetrak Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Blazetrak Website.
9. Ability to Accept Terms of Service
You affirm that you are you are at least 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Blazetrak Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Blazetrak Website. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blazetrak without restriction.
BLAZETRAK CREDIT RETURN POLICY
Blazetrak does not refund money used to purchase credit packages. However, credits may be returned back to a Blazetrak user account if one of the following occurs:
1.) A submission has been made to a professional or contest, where a video response is
indicated as the Response Type, and the video response has not been received within 30 days.
2.) A submission has been made to a contest, and has not been viewed within 30 days.
3.) It is determined there is a technical issue with the video response.
4.) It is determined the video response was completed by someone other than the Professional submitted to.
5.) A submission is declined for any reason.
All credit return requests must be made in a user account by clicking either the "Credit Return Request" button or the "Report Technical Error" button, both found underneath eligible submissions in a user account. Credit Return Requests will be processed automatically and credits will be immediately returned back to a user account. For technical errors reported, Blazetrak will review the response within three (3) business days of receiving the request. If Blazetrak determines there is a technical error, credits will be returned to the user account.