Last Updated: January 21, 2019
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
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
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.
4. GRANT OF RIGHTS
- 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.
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:
Attn: Copyright Agent/Legal Department
5815 Franklin Ave
Los Angeles, CA 90028
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.
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
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.
13. GOVERNING LAWS
5815 Franklin Ave
Los Angeles, CA 90028
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