Terms of Use - BLUNTIQ

Last Updated: January 21, 2019

You must read these Terms of Use and the Privacy Policy carefully. These Terms of Use are a legally binding agreement between you (“you” and/or “your” and/or “yourself”) and BLUNTIQ MEDIA LLC (“BLUNTIQ” and/or “we” and/or “our”), and affect your legal rights and obligations. By accessing, visiting or using BLUNTIQ or any of the other websites and webpages operated or provided by BLUNTIQ and/or its subsidiaries and affiliates (collectively, “BLUNTIQ Websites”), you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use or the Privacy Policy, you may not access, visit or use BLUNTIQ Websites.

Please note that BLUNTIQ is under constant development. Things are added frequently and this agreement may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.

1. GENERAL RULES

BLUNTIQ does not monitor, review, approve, pre-screen, censor or edit content posted by users of BLUNTIQ Websites to BLUNTIQ Websites and meant, by the posting user, to be publicly available. However, BLUNTIQ may, but has no obligation to, edit or remove content posted by you, without notice or liability to you, if, in BLUNTIQ’s sole discretion, it determines the need to remove or edit any content that (i) does not comply with these Terms of Use or the Privacy Policy, (ii) is harmful, objectionable or inaccurate, (iii) violates any laws or regulations, or (iv) for any other reason that BLUNTIQ determines.

You understand and agree that BLUNTIQ is not responsible or liable for the conduct of any user or for any content posted by users to BLUNTIQ Websites.

You agree to abide by the following Rules of Conduct when accessing, visiting or using BLUNTIQ Websites:

You shall always use true, accurate, current and complete information whenever your information (such as your name and email address) is required for interaction with BLUNTIQ Websites, unless anonymity is specifically permitted;

You may not use the functionality and capabilities of BLUNTIQ Websites to conduct, or solicit or encourage the performance by another of, any illegal activity or other activity which infringes or violates the rights of others;

You may not use any automated software program or device, such as a spider or robot or scraper, to monitor or copy any information contained on BLUNTIQ Websites;

You may not post or transmit any message, data, image or program that does or may violate the property rights of others, including intellectual property rights (including, but not limited to, copyrights, trademarks and trade secrets);

You may not post or transmit any message which is libelous, defamatory, tortious or which discloses private or personal matters concerning any person (yourself excluded) or other entity;

You may not post or transmit any file which contains a virus, worm, “Trojan Horse,” or any other contaminating, harmful or destructive code.

You may not tamper with, breach, bypass, circumvent, damage, reverse engineer, hack, interfere with, alter, modify or disrupt (e.g., by introducing spam, viruses, bugs, worms, spyware, malware or any other similar harmful code) BLUNTIQ Websites, any of the security or authentication measures in place on or about BLUNTIQ Websites, any servers, networks, delivery systems or service providers used by BLUNTIQ Websites, or any content uploaded to or provided on or by BLUNTIQ Websites, nor may you attempt to do any of the foregoing prohibited activities, nor may you access, or attempt to gain access to, any non-public areas of BLUNTIQ Websites, including, but not limited to, any servers, networks, delivery systems or service providers used by BLUNTIQ Websites.

2. YOUR PRIVACY

The Privacy Policy is hereby incorporated herein by reference. By accessing, visiting or using BLUNTIQ Websites, you agree to be bound by the terms of the Privacy Policy.

3. INTERLECTUAL PROPERTY

BLUNTIQ Websites, BLUNTIQ name and logo and all content and materials, including but not limited to all graphics, photographs, images, illustrations, text, sounds, data, software, links, logos, videos, animated material, design and layout elements, available in or on BLUNTIQ Websites (collectively, “Intellectual Property”) are owned, controlled and/or licensed by BLUNTIQ or its third-party suppliers and clients, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and the laws and treaties of the United States and other countries.

Unless expressly authorized in writing by BLUNTIQ or by our licensors, you shall not copy, reproduce, sell, license, rent, modify, distribute, transmit, broadcast, stream, display, perform, publish, adapt, edit, use, exploit, or create derivative works from such Intellectual Property. You further may not remove, alter, conceal or obscure any trademark, copyright, service mark or other proprietary or legal rights notices incorporated in or accompanying BLUNTIQ Websites or any content therein or thereon.

Reproduction, copying, redistribution or use for any commercial purpose whatsoever of any Intellectual Property is strictly prohibited without BLUNTIQ’S prior express written permission or without the express written permission by our licensors. Requests for permission for commercial use should be in writing and directed to BLUNTIQ at the mailing address at the end of these Terms of Use, attention: Legal Department, or to the respective third-party rights holder.

4. GRANT OF RIGHTS

By posting or submitting information (regardless of form or type, except for Personal Data as defined in the Privacy Policy) to or on BLUNTIQ Websites, you explicitly and unconditionally (except as prohibited by law and limited by the Privacy Policy):

Grant BLUNTIQ, its affiliates and licensees, a non-exclusive, worldwide, perpetual, fully paid and royalty-free, transferable, sub-licensable, irrevocable right and license to use, sell, host, store, cache, reproduce, display, perform, stream, broadcast, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and

Warrant and represent that you own, have obtained or otherwise control all of the rights and permissions to the information, and that public posting and use of such information by BLUNTIQ will not infringe or violate the rights of any third party or violate any laws.

We grant you a personal, non-commercial, revocable, non-assignable, non-sublicensable and non-exclusive right to access, visit and use BLUNTIQ Websites in the manner permitted by these Terms of Use. You may not use the Intellectual Property in any manner or for any purpose other than as expressly authorized herein.

5. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER INTERLLECTUAL PROPERTY VIOLATIONS

You may not use BLUNTIQ Websites for any purpose or in any manner that infringes the rights of any third party. BLUNTIQ encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringe your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), BLUNTIQ has a designated agent for receiving notices of copyright infringement and BLUNTIQ follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BLUNTIQ’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Website violate your rights other than copyrights, please provide BLUNTIQ with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Notice of claims of copyright or other intellectual property infringement must be sent to BLUNTIQ’s Copyright Agent:

BLUNTIQ
Attn: Copyright Agent/Legal Department
5815 Franklin Ave
Los Angeles, CA 90028

info@bluntiq.com

Please note that this procedure is exclusively for notifying BLUNTIQ of claims that your copyrighted material or other intellectual property has been infringed.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

BLUNTIQ will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

6. THIRD PARTY WEBSITES

As a convenience to you, BLUNTIQ Websites may produce automated search results and may provide links to third-party websites (“Outside Site(s)”). Outside Sites are not under the direct or indirect control or direction of BLUNTIQ, and you acknowledge and agree that BLUNTIQ is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Outside Sites. The existence of, or links to, Outside Sites does not imply sponsorship or endorsement of the Outside Site, or its content, by BLUNTIQ. You expressly relieve BLUNTIQ from any and all liability resulting from your access or use of any Outside Site.

7. PROMOTIONS

BLUNTIQ Websites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

8. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BLUNTIQ WEBSITES FOR YOUR USE (THE “CONTENT”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUNTIQ, BLUNTIQ’S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. BLUNTIQ, BLUNTIQ’S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, CORRECT OR FREE OF DEFECTS OR ERRORS; THAT BLUNTIQ WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF BLUNTIQ WEBSITES IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR MAY BE LIMITED IN ITS APPLICATION, TO YOU.

9. LIMITATION OF LIABILITIES

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BLUNTIQ, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, OR INABILITY TO USE, BLUNTIQ WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS OR THEORY OF LIABILITY, EVEN IF BLUNTIQ, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OR LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED IN THIS PARAGRAPH, BLUNTIQ’S LIABILITY IN SUCH JURISDICTIONS MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL BLUNTIQ’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS (IF ANY) YOU PAID TO BLUNTIQ FOR USE OF BLUNTIQ WEBSITES DURING THE ONE (1) MONTH PERIOD PRIOR TO THE DATE YOUR CLAIM AROSE. TO THE EXTENT THAT ANY LAWSUIT IS PERMITTED UNDER THESE TERMS OF USE, YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, YOUR USE OF BLUNTIQ WEBSITES OR YOUR RELATIONSHIP WITH BLUNTIQ MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.

10. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BLUNTIQ, its parents, subsidiaries, affiliates, successors, assigns, business partners, and their respective officers, directors, employees, shareholders and agents, from and against any and all damages, losses, liabilities, settlements, and claims of whatever nature, and expenses, including reasonable attorneys’ fees and costs, that arise from or are in any way connected to your use, misuse or alleged misuse of BLUNTIQ Websites, or your breach or alleged breach of these Terms of Use. BLUNTIQ reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, and in the event of such election, you agree to fully cooperate with BLUNTIQ in asserting any available defenses.

11. LEGAL COMPLIANCE

BLUNTIQ makes no representation that the content on BLUNTIQ Websites is appropriate or available for use in locations outside the United States, and accessing BLUNTIQ Websites from jurisdictions outside the United States where such content is illegal is prohibited. You understand and agree that your access and use of BLUNTIQ Websites is at your own initiative and risk, and in compliance with, and pursuant to, the laws of the jurisdiction from where you initiate such access and/or the laws of the jurisdiction where you access, visit or use BLUNTIQ Websites.

12. TERMINATION

BLUNTIQ reserves the right to terminate your access to and use of any Site in its sole discretion, without notice and liability, including, without limitation, if BLUNTIQ believes your conduct fails to conform with these Terms of Use or Privacy Policy. BLUNTIQ also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.

13. GOVERNING LAWS

These Terms of Use shall be governed by, enforced and be construed in accordance with the laws of the State of New York, excluding its provisions as to choice of law or conflict of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of BLUNTIQ Websites shall be the federal or state courts in and for the State, City and County of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and waive any argument of inconvenient forum.

14. MISCELLANEOUS

These Terms of Use do not create a partnership, joint venture, employment or agency relationship between you and BLUNTIQ, and you have no authority to bind BLUNTIQ in any way. BLUNTIQ shall have the right to assign these Terms of Use or any of BLUNTIQ’s rights hereunder in whole or in part to any third party. The failure of BLUNTIQ to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit BLUNTIQ’s rights with respect to such breach or any subsequent breaches. No waiver by BLUNTIQ of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of BLUNTIQ. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. BLUNTIQ may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without BLUNTIQ’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against BLUNTIQ by virtue of having drafted them.

15. CONTACT

BLUNTIQ is open to receiving comments and suggestions to improve this Terms of Use. If you would like to communicate your comments or suggestions, you are encouraged to contact us by writing at:

BLUNTIQ
Attn: Terms of Use/Legal Department
5815 Franklin Ave
Los Angeles, CA 90028

info@bluntiq.com

16. MODIFICATIONS

BLUNTIQ reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using any Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites fro